[Adopted 8-18-2008 by Ord. No. 04-2008]
As used in this chapter, the following terms shall have the
meanings indicated:
ACCIDENTAL DISCHARGE
A discharge prohibited by this article that occurs by chance
and without planning or thought prior to occurrence.
BEST MANAGEMENT PRACTICE (BMP)
A practice, technique, or measure that is an effective, practical
means of preventing or reducing the discharge of pollutants directly
or indirectly to stormwater, receiving waters, or stormwater conveyance
systems. This can include a structural or operational practice, schedule
of activities, prohibition of practices, general good housekeeping,
pollution prevention and educational practices, maintenance procedures,
and other management practices systems. A BMP may also be a practice
that controls site runoff, spillage or leaks, sludge or water disposal,
or drainage from raw materials storage.
CLEAN WATER ACT
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.) and any subsequent amendments thereto.
CONSTRUCTION ACTIVITY
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.
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.
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 §
164-5A(2) of this article.
INDUSTRIAL ACTIVITY
Activities subject to NPDES industrial permits as defined
in 40 CFR, Section 122.26 (b)(14).
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
Any facility designed or used for collecting and/or conveying
stormwater, including but not limited to any roads with drainage systems,
highways, village 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 Cottage Grove;
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 that 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.
STORM DRAINAGE SYSTEM
Publicly owned facilities by which stormwater is collected
and/or conveyed, including but not limited to any roads with drainage
systems, municipal streets, gutters, curbs, inlets, piped storm drains,
pumping facilities, retention and detention basins, natural and human-made
or altered drainage channels, reservoirs, and other drainage structures.
STORMWATER
The flow of water that results from, and which occurs during
and immediately following, a rainfall, snowmelt or icemelt event.
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 stormwater, stormwater
conveyance systems, and/or receiving waters to the maximum extent
practicable.
STORMWATER RUNOFF
The waters derived from rains falling or snowmelt or icemelt
occurring within a drainage area, flowing over the surface of the
ground and/or collected in channels, watercourses or conduits.
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.
WASTEWATER
Any water or other liquid, other than uncontaminated stormwater,
discharged from a facility.
This article applies to all substances entering the Village
MS4 generated on any developed or undeveloped lands unless otherwise
authorized or explicitly exempted by this article or the WDNR.
The standards set forth herein and promulgated pursuant to this
article are minimum standards; therefore, this article does not intend
nor imply that compliance by any person will ensure that there will
be no contamination, pollution, nor unauthorized discharge of pollutants.
Any person subject to an industrial or construction activity
WPDES 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 Director of Public Works prior to the
allowing of discharges to the MS4.
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, cause erosion,
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 Director of Public Works or his/her designee shall be permitted
to enter and inspect properties and facilities at reasonable times
and as often as 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 Director of Public Works.
B. The owner or operator shall allow the Director of Public Works or
his/her designee 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 WPDES permit to discharge stormwater.
C. The Director of Public Works or his/her designee shall have the right
to set up on any property or facility such devices as are necessary
in the opinion of the Director of Public Works or his/her designee
to conduct monitoring and/or sampling of flow discharges.
D. The Director of Public Works or his/her designee may require the
owner or operator to install monitoring equipment and perform monitoring
as necessary, and make the monitoring data available to the Director
of Public Works or his/her designee. 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 Director of Public Works or his/her designee 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 of Public Works or his/her
designee access to a facility is a violation of this article.
G. If the Director of Public Works or his/her designee has been refused
access to any part of the premises from which stormwater is discharged,
and the Director of Public Works or his/her designee 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 Director of Public Works or his/her designee may seek issuance
of a search warrant from any court of competent jurisdiction.
In addition to the enforcement processes and penalties provided,
any condition caused or permitted to exist in violation of any of
the provisions of this article is a threat to public health, safety,
welfare, and the environment and is declared and deemed a nuisance
and may be abated by injunctive or other equitable relief as provided
by law.
If any section, clause, provision or portion of this article
is judged unconstitutional or invalid by a court of competent jurisdiction,
the remainder of the article shall remain in force and not be affected
by such judgment.
This article shall be in force and effect from and after its
adoption and publication.