The purpose of this chapter is to provide for the health, safety,
environment and general welfare of the citizens of the Village of
Sherwood through the regulation of nonstormwater discharges into waters
of the state or the municipal separate storm sewer system (MS4) to
reduce pollutants to the maximum extent practicable as required by
federal and state law. This chapter establishes methods for controlling
the introduction of pollutants into waters of the state or the MS4
in order to comply with requirements of the Wisconsin Pollutant Discharge
Elimination System (WPDES) permit process. The objectives of this
chapter are to:
A. Regulate the contribution of pollutants into waters of the state
or the MS4 by stormwater discharges by any user.
B. Prohibit illicit connections and discharges into waters of the state
or the MS4.
C. 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:
AUTHORIZED ENFORCEMENT AGENCY
Employees or designees of the Village Administrator of the
Village of Sherwood are designated to administer and enforce this
chapter.
BEST MANAGEMENT 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.
CONSTRUCTION ACTIVITY
Activities subject to construction permits per Chapter
13, Article
I, Construction Site Erosion Control, of this Code or WPDES construction permits per Ch. NR 216, Wis. Adm. Code, and Ch. 283, Wis. Stats.
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.
DISCHARGE
As defined in Ch. 283, Wis. Stats.; when used without qualification,
includes a discharge of any pollutant.
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.
ILLICIT CONNECTION
Either of the following:
A.
Any drain or conveyance, whether on the surface or subsurface,
that allows an illicit discharge to enter waters of the state or the
MS4, including but not limited to any conveyances that allow any nonstormwater
discharge including sewage, process wastewater, and wash water to
enter waters of the state or the MS4 and any connections to waters
of the state or 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 waters of the state or the MS4 which has not been documented
in plans, maps, or equivalent records and approved by an authorized
enforcement agency.
ILLICIT DISCHARGE
Any discharge into waters of the state or a municipal separate
storm sewer system that is not composed entirely of stormwater. Nonstormwater
discharges that are not considered illicit discharges include waterline
flushing, landscape irrigation, diverted stream flows, uncontaminated
groundwater infiltration, uncontaminated pumped groundwater, discharges
from potable water sources, foundation drains, air-conditioning condensation,
irrigation water, lawn watering, individual residential car washing,
flows from riparian habitats and wetlands, firefighting, and discharges
authorized under a WPDES permit unless identified by the Village Administrator
as a significant source of pollutants to waters of the state.
INDUSTRIAL ACTIVITY
Activities subject to WPDES industrial permits per Ch. NR
216, Wis. Adm. Code, and Ch. 283, Wis. Stats.
MAXIMUM EXTENT PRACTICABLE (MEP)
A level of implementing management practices in order to
achieve a performance standard or other goal which takes into account
the best available technology, cost effectiveness and other competing
issues such as human safety and welfare, endangered and threatened
resources, historic properties and geographic features.
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, 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.
Not a combined sewer conveying both sanitary sewage and stormwater.
D.
Not part of a publicly owned wastewater treatment works that
provides secondary or more stringent treatment.
OUTFALL
The point at which stormwater is discharged to waters of
the state or to a storm sewer.
OWNER
Any person holding fee title, an easement or other interest
in property.
PERSON
An individual, owner, operator, corporation, partnership,
association, municipality, interstate agency, state agency or federal
agency.
POLLUTANT
As defined in Ch. 283, Wis. Stats., 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., 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 waters of the state or
the MS4 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 Calumet 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., 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 chapter shall apply to all water and discharges entering
waters of the state or the MS4 generated on any lands, unless explicitly
exempted by the Village Administrator.
The Village Administrator shall administer, implement, and enforce
the provisions of this chapter. Any powers granted or duties imposed
upon the Village Administrator may be delegated in writing by the
Village Administrator to persons or entities acting in the beneficial
interest of or in the employ of the authorized enforcement agency.
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 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.
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 soil erosion, trash, debris,
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
shall provide, at its own expense, reasonable protection from accidental
discharge of prohibited materials or other wastes into waters of the
state or the MS4 through the use of 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 waters of the
state or the MS4. Compliance with all terms and conditions of a valid
permit authorizing the discharge of stormwater associated with industrial
activity or construction activity, to the maximum extent practicable,
shall be deemed compliance with the provisions of this section.
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 appropriate authority upheld the decision of the Village Administrator, then representatives of the Village Administrator may issue a notice of intent to the responsible party of their intent to perform work necessary to comply with this chapter. The Village Administrator may go on the land and commence the work after issuing the notice of intent. The Village Administrator is authorized to seek costs of abatement as outlined in §
17-17. 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.
The costs of the work performed by the Village Administrator
pursuant to this chapter, plus interest at the rate authorized by
the Village Administrator, shall be billed to the responsible party.
In the event a responsible party fails to pay the amount due, the
Clerk-Treasurer shall enter the amount due on the tax rolls and collect
it as a special assessment against the property pursuant to Subchapter
VII of Ch. 66, Wis. Stats.
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.