The purpose of this chapter is to implement the requirements
of W.S.A. §§ 281.16, 281.33 and 283.33 and the City
of Hudson's municipal separate storm sewer system (MS4) permit
issued by the Wisconsin Department of Natural Resources (DNR), and
to take other appropriate measures to manage stormwater quantity and
quality to protect public health, safety and welfare.
A.
Unless specifically defined, words and phrases in this chapter shall
have their common law meaning and shall be applied in accordance with
their common usage. Words used in the present tense include the future,
the singular number includes the plural, and the plural number includes
the singular. The word "may" is permissive; "shall" is mandatory and
is not discretionary.
B.
AGRICULTURAL FACILITIES AND PRACTICES
ATLAS 14
AVERAGE ANNUAL RAINFALL
BEST MANAGEMENT PRACTICE (BMP)
CITY
CITY'S DESIGNEE
CONNECTED IMPERVIOUSNESS
CONSTRUCTION SITE
CONTAMINATED STORMWATER
DESIGN STORM
DEVELOPMENT
DIRECT CONDUITS TO GROUNDWATER
DISCHARGE
EROSION CONTROL PLAN
FILTERING LAYER
FINAL STABILIZATION
HAZARDOUS MATERIALS
ILLICIT CONNECTION
(1)
(2)
ILLICIT DISCHARGE
IMPERVIOUS AREA
IMPROVED PARCELS
IN-FILL
INDUSTRIAL ACTIVITY
INFILTRATION
INFILTRATION SYSTEM
LAND-DISTURBING CONSTRUCTION ACTIVITY
MAINTENANCE AGREEMENT
MAXIMUM EXTENT PRACTICABLE
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
NEW DEVELOPMENT
NONSTORMWATER DISCHARGE
NRCS MSE3 DISTRIBUTION
OFF-SITE
ON-SITE
OWNER
PERFORMANCE STANDARD
PERMIT
PERSON
PERVIOUS SURFACE
POLLUTANT
POST-CONSTRUCTION SITE
PREDEVELOPMENT CONDITION
PREMISES
PREVENTATIVE ACTION LIMIT
PROTECTIVE AREA
REDEVELOPMENT
RUNOFF
SEDIMENT
SITE
STORMWATER
STORMWATER MANAGEMENT PLAN
STORMWATER MANAGEMENT SYSTEM or STORMWATER CONVEYANCE SYSTEM
TRANSPORTATION FACILITY
WASTEWATER
WATERS OF THE STATE
WPDES STORMWATER DISCHARGE PERMIT
As used in this chapter, the following terms shall have the meanings
indicated:
Has the meaning in W.S.A. § 281.16(1).
The National Oceanic and Atmospheric Administration (NOAA)
Atlas 14 Precipitation-Frequency Atlas of the United States, Volume
8 (Midwestern States), published in 2013.
A typical calendar year of precipitation as determined by
the Wisconsin Department of Natural Resources for users of models
such as WinSLAMM, P8 or equivalent methodology. The average annual
rainfall is chosen from a department publication for the location
closest to the municipality.
Structural or nonstructural measures, practices, techniques,
or devices employed to prevent or reduce the discharge of pollutants
directly or indirectly to stormwater, stormwater conveyance systems,
or waters of the state by avoiding or minimizing soil, sediment or
other pollutants carried in stormwater. BMPs include schedules of
activities; prohibitions of practices; general good housekeeping practices;
pollution prevention and educational practices; maintenance procedures;
treatment practices; operating procedures and practices to control
site runoff, spillage, leaks, sludge, water disposal, drainage from
raw materials storage; and other management practices.
The City of Hudson.
Employees or agents of the City of Hudson designated to enforce
this chapter.
An impervious surface connected to the waters of the state
via a separate storm sewer, an impervious flow path, or a minimally
pervious flow path.
An area upon which one or more land-disturbing construction
activities occur, including areas that are part of a larger common
plan of development or sale where multiple separate and distinct land-disturbing
construction activities may be taking place at different times on
different schedules but under one plan.
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.
A hypothetical discrete rainstorm characterized by a specific
duration, temporal distribution, rainfall intensity, return frequency
and total depth of rainfall.
Residential, commercial, industrial or institutional land
uses and associated roads.
Wells, sinkholes, swallets, fractured bedrock at the surface,
mine shafts, nonmetallic mines, tile inlets discharging to groundwater,
quarries, or depressional groundwater recharge areas over shallow
fractured bedrock.
As defined in W.S.A. Ch. 283, and any amendments thereto,
when used without the qualification, includes a discharge of any pollutant
to the waters of this state from any point source.
A comprehensive plan developed to address pollution caused
by erosion and sedimentation of soil particles or rock fragments during
construction.
Soil that has at least a three-foot-deep layer with at least
20% fines; or at least a five-foot-deep layer with at least 10% fines;
or an engineered soil with an equivalent level of protection as determined
by the regulatory authority for the site.
All land-disturbing construction activities at the construction
site have been completed and a uniform perennial vegetative cover
has been established with a density of at least 70% of the cover for
the unpaved areas and areas not covered by permanent structures or
that employ equivalent permanent stabilization measures.
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.
Any connection that is either:
Any drain or conveyance whether on the surface or subsurface,
which allows an illegal discharge to enter the stormwater conveyance
system or waters of the state. This includes but is not limited to
any conveyances which allow any nonstormwater discharge, including
sewage, process wastewater and wash water, to enter the stormwater
conveyance system or waters of the state. It also includes any connections
to the stormwater conveyance system 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
Any drain or conveyance connected from a commercial or industrial
land use to the storm drain system which has not been documented in
plans, maps, or equivalent records and approved by an authorized enforcement
agency.
Any discharge to a stormwater conveyance system that is not
composed entirely of stormwater except discharges authorized by a
WPDES permit or other discharge not requiring a WPDES permit limited
to landscape irrigation, individual residential car washing, firefighting,
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.
An area that releases as runoff all or a large portion of
the precipitation that falls on it, except for frozen soil. Rooftops,
sidewalks, driveways, gravel or paved parking lots, and streets shall
be considered impervious unless specifically designed to encourage
infiltration and approved by the City.
An undeveloped area of land located within an existing urban
sewer service area, surrounded by development or development and natural
or man-made features where development cannot occur.
Activities subject to WPDES industrial permits as defined
in 40 CFR 122.26(b)(14) or subject to Wis. Admin. Code NR 216.20.
The entry of precipitation or runoff into or through the
soil.
A device or practice such as a basin, trench, rain garden
or swale designed specifically to encourage infiltration, but does
not include natural infiltration in pervious surfaces such as lawns,
redirecting of rooftop downspouts onto lawns or minimal infiltration
from practices, such as swales or road side channels, designed for
conveyance and pollutant removal only.
Any man-made alteration of the land surface resulting in
a change in the topography or existing vegetative or nonvegetative
soil cover, that may result in runoff and lead to an increase in soil
erosion and movement of sediment into waters of the state. Land-disturbing
construction activity includes stump removal, demolition, excavating,
pit trench dewatering, filling and grading activities. This term does
not include agricultural land uses.
A legal document that provides for long-term maintenance
of stormwater management practices.
The highest level of performance that is achievable but is not equivalent to a performance standard identified in this chapter as determined in accordance with § 240-8 of this chapter.
A conveyance or system of conveyances, including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, constructed channels or storm drains, which are regulated
under Ch. NR 216, Wis. Adm. Code.
Development resulting from the conversion of previously undeveloped
land or agricultural land uses.
Any discharge to the stormwater conveyance system or waters
of the state that is not composed entirely of stormwater.
A specific precipitation distribution developed by the United
States Department of Agriculture, Natural Resources Conservation Service,
using precipitation data from Atlas 14.
Located outside the property boundary described in the permit
application.
Located within the property boundary described in the permit
application.
Any person holding fee title, an easement or other interest
in property.
A narrative or measurable number specifying the minimum acceptable
outcome for a facility or practice.
A written authorization made by the City's designee
to the applicant to conduct land-disturbing construction activity
or to discharge post-construction runoff to waters of the state.
An individual, owner, operator, corporation, partnership,
association, municipality, interstate agency, state agency or federal
agency.
An area that releases as runoff a small portion of the precipitation
that falls on it. Lawns, gardens, parks, forests or other similar
vegetated areas are examples of surfaces that typically are pervious.
Has the meaning in W.S.A. § 283.01(13).
A construction site following the completion of land-disturbing
construction activity and final site stabilization.
The extent and distribution of land cover types present before
the initiation of land-disturbing construction activity, assuming
that all land uses prior to development activity are managed in an
environmentally sound manner.
Any building, lot, parcel of land, or portion of land, whether
improved or unimproved, including adjacent sidewalks and parking strips.
Has the meaning in § NR 140.05 (17), Wis. Adm.
Code.
An area of land that commences at the top of the channel
of lakes, streams and rivers, or at the delineated boundary of wetlands,
and that is the greatest of the following widths, as measured horizontally
from the top of the channel or delineated wetland boundary to the
closest impervious surface.
Areas where development is replacing older development.
Stormwater or precipitation, including rain, snow or ice
melt or similar water, that moves on the land surface via sheet or
channelized flow.
Settleable solid material that is transported by runoff,
suspended within runoff or deposited by runoff away from its original
location.
The entire area included in the legal description of the
parcel or other land division on which the land-disturbing construction
activity is proposed in the permit application.
Runoff from precipitation, including rain, snow, ice melt
or similar water, that moves on the land surface via sheet or channelized
flow.
A comprehensive plan designed to control flow rates and volumes,
and reduce the discharge of pollutants from stormwater after the site
has undergone final stabilization following completion of construction
activity.
The existing stormwater collection system of the City, including,
but not limited to, storm sewers, retention ponds, detention ponds,
ditches, drainageways, streams, wetlands, qualifying receiving water,
and all activities undertaken to conserve water, control discharges
necessitated by rainfall events, incorporate methods to collect, convey,
store, absorb, inhibit, treat, use or reuse water to prevent or reduce
flooding, over-drainage, environmental degradation and water pollution
or otherwise affect the quality and quantity of discharge from such
system.
A highway, a railroad, a public mass transit facility, a
public-use airport, a public trail or any other public work for transportation
purposes. Transportation facility does not include building sites
for the construction of public buildings and buildings that are places
of employment that are regulated by the department pursuant to W.S.A.
§ 281.33.
Water carrying domestic sanitary wastewater and/or nondomestic
waste.
Has the meaning in W.S.A. § 283.01(20).
A permit issued by the Wisconsin Department of Natural Resources
under W.S.A. § 283.33 which authorizes the discharge of
stormwater from construction sites, industrial facilities, and selected
municipalities to waters of the state.
Any person who is aggrieved by an order, decision or other determination under this chapter, including but not limited to the issuance of erosion control and stormwater management permits, enforcement orders and the imposition of stormwater utility charges, may file an appeal in accordance with Chapter 5, Administrative Review, Hudson Code of Ordinances.
The provisions of this chapter are subject to the following
enforcement provisions at the option of the City in its discretion:
A.
Notice of noncompliance. Whenever the City finds any noncompliance
with the provisions of this article, the City may provide a notice
of any noncompliance by personal service, written notice by certified
mail, electronic mail, or facsimile transmission of any noncomplying
activity. The notice shall describe the nature of the violation, remedial
actions needed, a schedule for remedial action, and additional enforcement
action which may be taken. The City shall attempt to communicate with
the owner or person performing the work to obtain immediate and voluntary
compliance.
B.
Stop-work order.
(1)
If the owner or person performing the work refuses to voluntarily
comply immediately to a notice of noncompliance or the noncompliance
presents an imminent danger or will cause or threatens to cause bodily
injury or damage to off-site property or the waters of the state,
the City shall post, in a conspicuous place on the premises, a stop-work
order which shall cause all activity not necessary to correct the
noncompliance to cease until noncompliance is corrected.
(2)
The stop-work order shall provide the following information: date
of issuance, identification of the property subject to the stop-work
order, reason for posting and the signature of the inspector posting
the order.
(3)
It shall be a violation of this article for the unauthorized removal
of the stop-work order from the premises.
(4)
In addition to posting a stop-work order, the City shall provide
notification to the owner or contractor by personal service, written
notice by certified mail, electronic mail, or facsimile transmission.
The owner or permittee shall have 24 hours to respond to the City
and initiate remedial measures to correct any noncompliance.
C.
City remedial action. If the violations of this chapter are not corrected
and are likely to result in significant damage to properties, public
facilities, or waters of the state, the City's designee may enter
the land and take emergency actions necessary to prevent such damage.
The costs incurred by the City plus interest and legal costs shall
be billed to the responsible party.
D.
Permit revocation. The City may revoke a permit issued under this
chapter for noncompliance with this chapter or the terms and conditions
of the permit.
E.
Penalty. Any person, firm, association, or corporation who does not comply with the provisions of this chapter shall be subject to forfeiture in accordance with Hudson Code of Ordinances, Section 1-18, for each offense, together with the costs of prosecution. Each day that the violation exists shall constitute a separate offense.
F.
Injunctive and other judicial relief.
(1)
The City's designee is authorized to refer any violation of
this chapter, or of a stop-work order issued pursuant to this chapter,
to the Municipal Attorney for the commencement of further legal proceedings
in any court with jurisdiction.
(2)
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.
(3)
Compliance with the provisions of this chapter may also be enforced
by injunction in any court with jurisdiction. It shall not be necessary
to prosecute for forfeiture or other remedies before resorting to
seeking an injunction.
G.
Remedies not exclusive. The remedies listed in this chapter are not
exclusive of any other remedies available under any applicable federal,
state or local law and it is within the discretion of the authorized
enforcement agency to seek cumulative remedies.
