City of Rice Lake, WI Administration

Unless specifically defined, words and phrases in this chapter shall have their common law meaning and shall be applied in accordance with their common usage. Words used in the present tense include the future, the singular number includes the plural and the plural number includes the singular. The word "may" is permissive; "shall" is mandatory and is not discretionary.

As used in this chapter, the following terms shall have the meanings indicated:

BEST MANAGEMENT PRACTICE (BMP)

Structural or nonstructural measures, practices, techniques, or devices employed to prevent or reduce the discharge of pollutants directly or indirectly to stormwater, stormwater conveyance systems, or waters of the state by avoiding or minimizing soil, sediment or other pollutants carried in stormwater. BMPs include schedules of activities; prohibitions of practices; general good housekeeping practices; pollution prevention and educational practices; maintenance procedures; treatment practices; operating procedures and practices to control site runoff, spillage, leaks, sludge, water disposal, drainage from raw materials storage; and other management practices.

CITY

The City of Rice Lake.

CITY'S DESIGNEE

Employees or agents of the City of Rice Lake designated to enforce this chapter.

CONSTRUCTION SITE

An area upon which one or more land-disturbing construction activities occur, including areas that are part of a larger common plan of development or sale where multiple separate and distinct land-disturbing construction activities may be taking place at different times on different schedules but under one plan.

CONTAMINATED STORMWATER

Stormwater that comes into contact with material handling equipment or activities, raw materials, intermediate products, final products, waste materials, byproducts or industrial machinery in the source areas listed in Wis. Adm. Code Ch. NR 216.

DISCHARGE

As defined in Wis. Stats. Ch. 283, and any amendments thereto, when used without the qualification includes a discharge of any pollutant to the waters of this state from any point source.

EROSION CONTROL PLAN

A comprehensive plan developed to address pollution caused by erosion and sedimentation of soil particles or rock fragments during construction.

HAZARDOUS MATERIALS

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

Any connection that is either:

(1)

Any drain or conveyance whether on the surface or subsurface, which allows an illegal discharge to enter the stormwater conveyance system or waters of the state. This includes but is not limited to any conveyances which allow any nonstormwater discharge, including sewage, process wastewater and wash water, to enter the stormwater conveyance system or waters of the state. It also includes any connections to the stormwater conveyance system or waters of the state 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

(2)

Any drain or conveyance connected from a commercial or industrial land use to the storm drain system which has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agency.

ILLICIT DISCHARGE

Any discharge to a stormwater conveyance system that is not composed entirely of stormwater except discharges authorized by a WPDES permit or other discharge not requiring a WPDES permit limited to landscape irrigation, individual residential car washing, fire fighting, 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.

IMPERVIOUS AREA

An area that releases as runoff all or a large portion of the precipitation that falls on it, except for frozen soil. Rooftops, sidewalks, driveways, gravel or paved parking lots, and streets shall be considered impervious unless specifically designed to encourage infiltration and approved by the City.

IMPROVED PARCELS

Those parcels for which the assessed value for structures (as defined in Chapter 260) is greater than zero or would be if the property was taxable.

INDUSTRIAL ACTIVITY

Activities subject to WPDES industrial permits as defined in 40 CFR 122.26(b)(14) or subject to Wis. Adm. Code § NR 216.20.

LAND-DISTURBING CONSTRUCTION ACTIVITY

Any man-made alteration of the land surface resulting in a change in the topography or existing vegetative or nonvegetative soil cover, that may result in runoff and lead to an increase in soil erosion and movement of sediment into waters of the state. Land-disturbing construction activity includes stump removal, demolition, excavating, pit trench dewatering, filling and grading activities. This term does not include agricultural land uses.

MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)

A conveyance or system of conveyances including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, constructed channels or storm drains, which is regulated under Wis. Adm. Code Ch. NR 216.

NEW DEVELOPMENT

Development resulting from the conversion of previously undeveloped land or agricultural land uses.

NONSTORMWATER DISCHARGE

Any discharge to the stormwater conveyance system or waters of the state that is not composed entirely of stormwater.

OWNER

Any person holding fee title, an easement or other interest in property.

PERFORMANCE STANDARD

A narrative or measurable number specifying the minimum acceptable outcome for a facility or practice.

PERMIT

A written authorization made by the City's designee to the applicant to conduct land-disturbing construction activity or to discharge post-construction runoff to waters of the state.

POLLUTANT

Has the meaning in Wis. Stats. § 283.01(13).

POST-CONSTRUCTION SITE

A construction site following the completion of land-disturbing construction activity and final site stabilization.

PREMISES

Any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips.

REDEVELOPMENT

Areas where development is replacing older development.

RUNOFF

Stormwater or precipitation including rain, snow or ice melt or similar water that moves on the land surface via sheet or channelized flow.

SEDIMENT

Settleable solid material that is transported by runoff, suspended within runoff or deposited by runoff away from its original location.

SITE

The entire area included in the legal description of the parcel or other land division on which the land-disturbing construction activity is proposed in the permit application.

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

A comprehensive plan designed to control flow rates and volumes, and reduce the discharge of pollutants from stormwater after the site has undergone final stabilization following completion of construction activity.

STORMWATER MANAGEMENT SYSTEM or STORMWATER CONVEYANCE SYSTEM

The existing stormwater collection system of the City including, but not limited to, storm sewers, retention ponds, detention ponds, ditches, drainageways, streams, wetlands, qualifying receiving water, and all activities undertaken to conserve water, control discharges necessitated by rainfall events, incorporate methods to collect, convey, store, absorb, inhibit, treat, use or reuse water to prevent or reduce flooding, over-drainage, environmental degradation and water pollution or otherwise affect the quality and quantity of discharge from such system.

TRANSPORTATION FACILITY

A highway, a railroad, a public mass transit facility, a public-use airport, a public trail or any other public work for transportation purposes. "Transportation Facility" does not include building sites for the construction of public buildings and buildings that are places of employment that are regulated by the department pursuant to Wis. Stats. § 281.33.

WASTEWATER

Water carrying domestic sanitary wastewater and/or nondomestic waste.

WATERS OF THE STATE

Has the meaning in Wis. Stats. § 283.01(20).

WPDES STORMWATER DISCHARGE PERMIT

A permit issued by the Wisconsin Department of Natural Resources under Wis. Stats. § 283.33 which authorizes the discharge of stormwater from construction sites, industrial facilities, and selected municipalities to waters of the state.

The provisions of this chapter are subject to the following enforcement provisions at the option of the City in its discretion.

Notice of noncompliance. Whenever the City finds any noncompliance with the provisions of this article, the City may provide a notice of any noncompliance by personal service, written notice by certified mail, electronic mail, or facsimile transmission of any noncomplying activity. The notice shall describe the nature of the violation, remedial actions needed, a schedule for remedial action, and additional enforcement action which may be taken. The City shall attempt to communicate with the owner or person performing the work to obtain immediate and voluntary compliance.

Stop-work order.

(1)

If the owner or person performing the work refuses to voluntarily comply immediately to a notice of noncompliance or the noncompliance presents an imminent danger or will cause or threatens to cause bodily injury or damage to off-site property or the waters of the state, the City shall post in a conspicuous place on the premises, a stop-work order which shall cause all activity not necessary to correct the noncompliance to cease until noncompliance is corrected.

(2)

The stop-work order shall provide the following information: date of issuance, identification of the property subject to the stop-work order, reason for posting and the signature of the inspector posting the order.

(3)

It shall be a violation of this chapter for the unauthorized removal of the stop-work order from the premises.

(4)

In addition to posting a stop-work order, the City shall provide notification to the owner or contractor by personal service, written notice by certified mail, electronic mail, or facsimile transmission. The owner or permittee shall have 24 hours to respond to the City and initiate remedial measures to correct any noncompliance.

City remedial action. If the violations of this chapter are not corrected and are likely to result in significant damage to properties, public facilities, or waters of the state, the City's designee may enter the land and take emergency actions necessary to prevent such damage. The costs incurred by the City plus interest and legal costs shall be billed to the responsible party.

Permit revocation. The City may revoke a permit issued under this chapter for noncompliance with this chapter or the terms and conditions of the permit.

Penalty. Any person, firm, association, or corporation who does not comply with the provisions of this chapter shall be subject to forfeiture in accordance with Rice Lake Code of Ordinances, § 1-20, for each offense, together with the costs of prosecution. Each day that the violation exists shall constitute a separate offense.

Injunctive and other judicial relief.

(1)

The City's designee is authorized to refer any violation of this chapter, or of a stop-work order issued pursuant to this chapter, to the municipal attorney for the commencement of further legal proceedings in any court with jurisdiction.

(2)

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.

(3)

Compliance with the provisions of this chapter may also be enforced by injunction in any court with jurisdiction. It shall not be necessary to prosecute for forfeiture or other remedies before resorting to seeking an injunction.

Remedies not exclusive. 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 authorized enforcement agency to seek cumulative remedies.