The purpose of this article is to provide for the health, safety,
environment and general welfare of the citizens of the Village of
Allouez through the regulation of nonstormwater discharges into the
municipal separate storm sewer system (MS4) or waters of the state
to the maximum extent practicable as required by federal and state
law. This article establishes methods for controlling the introduction
of pollutants into the MS4 or waters of the state in order to comply
with requirements of the Village of Allouez's Wisconsin Pollutant
Discharge Elimination System (WPDES) permit. The objectives of this
article are:
A. To regulate the contribution of pollutants into the MS4 or waters
of the state by stormwater discharges by any user.
B. To prohibit illicit connections and discharges into the MS4 or waters
of the state.
C. To establish legal authority to carry out all inspection, surveillance,
monitoring, and enforcement procedures necessary to ensure compliance
with this article.
The Public Works Director shall administer, implement, and enforce
the provisions of this article. Any powers granted or duties imposed
upon the Public Works Director may be delegated by the Public Works
Director to persons or entities acting in the beneficial interest
of or in the employ of the authorized enforcement agency. 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 Village Board finds that illicit discharges can contribute
high levels of pollutants, oil, grease, solvents, nutrients, viruses,
and bacteria to receiving water bodies. Pollutant levels from illicit
discharges are concentrated and may be high enough to significantly
degrade receiving water quality and threaten aquatic, wildlife, and
human health.
As used in this article, the following terms shall have the
meanings indicated:
AUTHORIZED ENFORCEMENT AGENCY
Employees or designees of the Public Works Director of the
Village of Allouez are designated to administer and enforce this article.
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
200, 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 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 or waters of the
state, including but not limited to any conveyances that allow any
nonstormwater discharge, including sewage, process wastewater, and
wash water, to enter the MS4 or waters of the state and any connections
to the MS4 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
B.
Any drain or conveyance connected from a commercial or industrial
land use to the MS4 or waters of the state 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. Discharges
that are not considered illicit discharges include water line flushing,
landscape irrigation, diverted stream flows, 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 Public Works Director 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, 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.
Which is not a combined sewer conveying both sanitary and storm
water.
D.
Which is 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., 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., 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 the MS4 or waters of the
state to the maximum extent practicable.
VIOLATOR
The person as defined herein that causes a violation of this
article.
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 United
States Geological Survey (USGS) quadrangle maps, all channels shown
on the soils maps in the Natural Resources Conservation Service (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., those portions of Lake
Michigan and Lake Superior within the boundaries of Wisconsin and
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 and discharges entering
the MS4 or waters of the state generated on any lands unless explicitly
exempted by the Public Works Director.
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 his or its own expense, reasonable protection from
accidental discharge of prohibited materials or other wastes into
the MS4 or waters of the state 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 the MS4 or waters of the state. 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 Public Works Director, then representatives of the Public Works Director may issue a notice of intent to the responsible party of his intent to perform work necessary to comply with this article. The Public Works Director may go on the land and commence the work after issuing the notice of intent. The Public Works Director is authorized to seek costs of abatement as outlined in §
385-33. 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 Public Works Director
pursuant to this article, plus interest at the rate authorized by
the Village Board, 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 roll 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
article and declared and deemed a nuisance may be summarily abated
or restored at the violator's expense.
The Illicit Discharge and Connection Technical Reference Guide
is hereby incorporated into this article. The Technical Reference
Guide is intended to assist in interpretation and implementation of
this article.