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. To regulate the contribution of pollutants to the MS4 by stormwater
discharges by any user.
B. To prohibit illicit connections and discharges to 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:
BEST MANAGEMENTS PRACTICES (BMPs)
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.
CONTAMINATED STORMWATER
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).
DISCHARGE
As defined in Ch. 283, Wis. Stats. (November 1, 2005), when
used without qualification includes a discharge of any pollutant.
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
Either of the following:
A.
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
B.
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.
ILLICIT DISCHARGE
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.
INDUSTRIAL ACTIVITY
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).
MUNICIPALITY
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.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
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:
A.
Owned or operated by a municipality.
B.
Designed or used for collecting or conveying stormwater.
C.
Is not a combined sewer conveying both sanitary sewage and stormwater.
D.
Is not part of a publicly owned wastewater treatment works that
provides secondary or more stringent treatment.
OWNER
Any person holding fee title, an easement or other interest
in property.
PERSON
An individual, any owner, operator, corporation, partnership,
association, municipality, interstate agency, state agency or federal
agency.
POLLUTANT
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.
POLLUTION
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.
PREMISES
Any building, lot, parcel of land, or portion of land, whether
improved or unimproved, including adjacent sidewalks and parking strips.
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/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 conveyance
systems and/or receiving waters to the maximum extent practicable.
WASTEWATER
Any water or other liquid, other than uncontaminated stormwater,
discharged from a facility.
WATERCOURSE
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.
WATERS OF THE STATE
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.
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.
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.
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.
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.