The purpose of this chapter is to provide for the health, safety,
environment and general welfare of the citizens of the City of Burlington
through the regulation of nonstormwater discharges into waters of
the state or the municipal separate storm sewer system (MS4) 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 to comply with requirements of
the Wisconsin Pollutant Discharge Elimination System (WPDES) permit
process. The objectives of this chapter are:
A. To regulate the contribution of pollutants into waters of the state
or the MS4 by stormwater discharges by any user.
B. To prohibit illicit connections and discharges into waters of the
state or the MS4.
C. To 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:
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. Pollution prevention and
educational practices, maintenance procedures, and other management
practices to prevent or reduce the discharge of pollutants directly
or indirectly to stormwater, receiving waters, or stormwater conveyance
systems. BMPs also include treatment practices, operating procedures,
and practices to control site runoff, spillage or leaks, sludge or
water disposal, or drainage from raw materials storage.
CLEAN WATER ACT
The federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.), and any subsequent amendments thereto.
CONSTRUCTION ACTIVITY
Activities subject to the City of Burlington construction
permits per Construction Site Erosion Control Zoning Ordinance 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, byproducts 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 CONNECTIONS
An illicit connection is defined as 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 the municipal separate
storm sewer system that is not composed entirely of stormwater. Nonstormwater
discharges that are not considered illicit discharges include water
line 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 Director
of Public Works 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.
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.
Which is not a combined sewer conveying both sanitary and stormwater.
D.
Which is not part of a publicly owned wastewater treatment works
that provides secondary or more stringent treatment.
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.
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.
POINT SOURCE
A discernible, confined and discrete conveyance, including
but not limited to any pipe, ditch, channel, tunnel, conduit, well,
discrete fissure, container, rolling stock, concentrated animal feeding
operation or vessel or other floating craft from which pollutants
may be discharged either into the waters of the state or into a publicly
owned treatment works except for a conveyance that conveys only stormwater
or a discernible, confined and discrete conveyance of stormwater for
which a permit is required under § 283.33(1), Wis. Stats.
POLLUTANT
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
Any surface flow, runoff, and drainage consisting entirely
of water from any form of natural precipitation, and resulting from
such precipitation.
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 Racine and Walworth Counties, all channels identified
on a 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 storm drain system generated on any
lands unless explicitly exempted by the City of Burlington Department
of Public Works.
The Director of Public Works shall administer, implement, and
enforce the provisions of this chapter. Any powers granted or duties
imposed upon the Director of Public Works may be delegated in writing
by the Director of Public Works to persons or entities acting in the
beneficial interest of or in the employ of the 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 provisions of this chapter are hereby declared to be severable.
If any provision, clause, sentence, or paragraph of this chapter or
the application thereof to any person, establishment, or circumstances
shall be held invalid, such invalidity shall not affect the other
provisions or application of this chapter.
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 their 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 premise, 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.
The costs of the work performed by the Director of Public Works
pursuant to this chapter, plus interest at the rate authorized by
the City of Burlington shall be billed to the responsible party. In
the event a responsible party fails to pay the amount due, the clerk
shall enter the amount due on the tax rolls and collect it as a special
assessment against the property pursuant to subch. VII of Ch. 66,
Wis. Stats.
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 Director of Public Works, then representatives of the Director of Public Works may issue a notice of intent to the responsible party of its intent to perform work necessary to comply with this chapter. The Director of Public Works may go on the land and commence the work after issuing the notice of intent. The Director of Public Works is authorized to seek costs of abatement as outlined in §
271-15. 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.
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.