[Adopted 1-27-2010 (§ 10.19 of the 1998 Code)]
The purpose of this article is to provide for the health, safety,
and general welfare of the citizens of the Village of Bellevue through
the regulation of nonstormwater discharges to the MS4 to the maximum
extent practicable as required by federal and state law. This article
establishes methods for controlling the introduction of pollutants
into the municipal separate storm sewer system (MS4) in order to comply
with requirements of the Wisconsin Pollutant Discharge Elimination
System (WPDES) permit process. The objectives of this article are:
A.Â
To regulate the contribution of pollutants to the MS4 by stormwater
discharges by any user.
B.Â
To prohibit illicit connections and discharges to the MS4.
C.Â
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:
Employees or designees of the Director of Public Works are
hereby designated to 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.
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).
The Wisconsin Department of Natural Resources.
As defined in Ch. 283, Wis. Stats. (November 1, 2005), when
used without qualification includes a discharge of any pollutant.
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 MS4, including but not
limited to any conveyances that allow any nonstormwater discharge,
including sewage, process wastewater, and wash water, to enter the
MS4 and any connections to 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 the MS4 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 discharge not requiring a WPDES permit,
such as 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.
Activities subject to WPDES industrial permits per Ch. NR
216, Wis. Adm. Code (effective August 1, 2004,) and Ch. 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), 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.
Any person holding fee title, an easement or other interest
in property.
An individual, any owner, operator, corporation, partnership,
association, municipality, interstate agency, state agency or federal
agency.
As defined in Ch. 283, Wis. Stats. (November 1, 2005), 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. (November 1, 2005), 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 stormwater conveyance
systems and/or receiving waters to the maximum extent practicable.
The Village of Bellevue.
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 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), 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. (November 1, 2005).
This article shall apply to all water entering the MS4 generated
on any lands unless explicitly exempted by an authorized enforcement
agency.
The Village and/or its agents shall administer, implement, and
enforce the provisions of this article. Any powers granted or duties
imposed upon the Village may be delegated, in writing, by the Village
Board to persons or entities acting in the beneficial interest of
or as an employee of the Village of Bellevue.
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.Â
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 MS4 any pollutants or
waters containing any pollutants, other than stormwater.
B.Â
Allowed discharges:
(1)Â
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/hot tub discharges,
and street wash water.
(2)Â
Discharges or flow from fire fighting, and other discharges specified,
in writing, by the Village as being necessary to protect public health
and safety.
(3)Â
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.
C.Â
Prohibition of illicit connections.
(1)Â
The construction, use, maintenance or continued existence of illicit
connections to the MS4 is prohibited.
(2)Â
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)Â
A person is considered to be in violation of this article if the
person connects a line conveying sewage to the MS4, or allows such
a connection to continue.
(4)Â
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 Village.
(5)Â
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 Village 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 Village.
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.Â
Right of entry; inspecting and sampling. The Village shall be permitted
to enter and inspect facilities subject to regulation under this article
as often as may be necessary to determine compliance with this article.
(1)Â
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 Village.
(2)Â
Facility operators shall allow the Village ready access to all parts
of the premises for the purposes of inspection, sampling, examination
and copying of records.
(3)Â
The Village shall have the right to set up on any facility such devices
as are necessary in the opinion of the Village of Bellevue to conduct
monitoring and/or sampling of the facility's stormwater discharge.
(4)Â
The Village has the right to require the discharger to install monitoring
equipment in order to maintain compliance with this article. If required
by the Village, the facility's sampling and monitoring equipment shall
be installed and maintained at all times in a safe and proper operating
condition by the discharger at its own expense. The Village shall
make every reasonable effort to make sure the installation and operation
of the equipment do not interfere with business operations. All devices
used to measure stormwater flow and quality shall be calibrated to
ensure their accuracy.
(5)Â
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 Village and
shall not be replaced. The costs of clearing such access shall be
borne by the operator.
(6)Â
Unreasonable delay in allowing the Village access to a facility is
a violation. A person who is the operator of a facility commits an
offense if the person denies the Village reasonable access to the
facility for the purpose of conducting any activity authorized or
required by this article.
B.Â
Special inspection warrant. If the Village has been refused access
to any part of the premises from which stormwater is discharged, and
it 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, and welfare
of the community, then the Village 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 MS4, 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 MS4 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 MS4. 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 in compliance with the provisions of this section.
These BMPs shall be part of a stormwater management plan (SWMP)/stormwater
pollution prevention plan (SWPPP) as necessary for compliance.
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.
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 Village 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 Village within two 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. Failure to provide notification of a release
as provided above is a violation of this article.
A.Â
Violations. 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 the violation may be otherwise abated in a manner provided by law. In the event the violation constitutes an immediate danger to public health or public safety, the Village 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 Village is authorized to seek costs of the abatement as outlined in § 400-25 of this article.[1]
B.Â
Warning notice. When the Village finds that any person has violated,
or continues to violate, any provision of this article or any order
issued hereunder, the Village 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
Village to take action, including emergency action or any other enforcement
action, without first issuing a warning notice.
C.Â
Notice of violation. Whenever the Village finds that a person has
violated a prohibition or failed to meet a requirement of this article,
the Village may order compliance by written notice of violation to
the responsible person.
(1)Â
The
notice of violation shall contain:
(a)Â
The name and address of the alleged violator;
(b)Â
The address when available or a description of the building,
structure or land upon which the violation is occurring, or has occurred;
(c)Â
A statement specifying the nature of the violation;
(d)Â
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)Â
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)Â
A statement that the determination of violation may be appealed
to the Village by filing a written notice of appeal within three days
of service of notice of violation; and
(g)Â
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)Â
Such
notice may require, without limitation:
(a)Â
The performance of monitoring, analyses, and reporting;
(b)Â
The elimination of illicit connections or discharges;
(c)Â
That violating discharges, practices, or operations shall cease
and desist;
(d)Â
The abatement or remediation of stormwater pollution or contamination
hazards and the restoration of any affected property;
(e)Â
Payment of a fine to cover administrative and remediation costs;
and
(f)Â
The implementation of BMPs.
A.Â
Emergency cease and desist orders.[1]
(1)Â
When the Village 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 Village may
issue an order to the violator directing it immediately to cease and
desist all such violations and directing the violator to:
(2)Â
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 Village 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 Village may allow
the person to recommence its discharge when it has demonstrated to
the satisfaction of the Village 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 Village within three 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.
B.Â
Suspension due to illicit discharges in emergency situations. The
Village 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 Village 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.[2]
C.Â
Suspension due to the detection of illicit discharge. Any person
discharging to the MS4 in violation of this article may have its MS4
access terminated if such termination would abate or reduce an illicit
discharge. The Village will notify a violator of the proposed termination
of its MS4 access. The violator may petition the Village for a reconsideration
and hearing. A person commits an offense if the person reinstates
MS4 access to premises terminated pursuant to this section without
the prior approval of the Village.
D.Â
Prosecution and penalties. Any person that has violated or continues
to violate this article 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 Village, after the Village has taken one or
more of the actions described above, the Village may impose a penalty
not to exceed $1,000 (depending on the severity of the violation)
for each day the violation remains unremedied after receipt of the
notice of violation.
Any person receiving a notice of violation may appeal the determination
of the Village. The notice of appeal must be received by the Village
within three days from the date of the notice of violation. Hearing
on the appeal before the appropriate authority or his/her designee
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 municipal authority upheld the decision of the Village, then representatives
of the Village 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 30 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
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 Village to seek cumulative
remedies. The Village may recover all attorneys' fees, court costs
and other expenses associated with enforcement of this article, including
sampling and monitoring expenses.