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.
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.
As used in this chapter, the following terms shall have the meanings indicated:
- AGRICULTURAL FACILITIES AND PRACTICES
- Has the meaning in W.S.A. § 281.16(1).
- ATLAS 14
- The National Oceanic and Atmospheric Administration (NOAA) Atlas 14 Precipitation-Frequency Atlas of the United States, Volume 8 (Midwestern States), published in 2013.
- AVERAGE ANNUAL RAINFALL
- 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.
- BEST MANAGEMENT PRACTICE (BMP)
- 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.
- CITY'S DESIGNEE
- Employees or agents of the City of Hudson designated to enforce this chapter.
- CONNECTED IMPERVIOUSNESS
- 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.
- CONSTRUCTION SITE
- 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.
- 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.
- DESIGN STORM
- 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.
- DIRECT CONDUITS TO GROUNDWATER
- 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.
- EROSION CONTROL PLAN
- A comprehensive plan developed to address pollution caused by erosion and sedimentation of soil particles or rock fragments during construction.
- FILTERING LAYER
- 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.
- FINAL STABILIZATION
- 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.
- 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
- Any connection that is either:
- (1) 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
- (2) 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.
- ILLICIT DISCHARGE
- 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.
- IMPERVIOUS AREA
- 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.
- IMPROVED PARCELS
- Those parcels for which the assessed value for structures (as defined in Chapter 255) is greater than zero or would be if the property was taxable.
- 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.
- INDUSTRIAL ACTIVITY
- 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.
- INFILTRATION SYSTEM
- 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.
- LAND-DISTURBING CONSTRUCTION ACTIVITY
- 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.
- MAINTENANCE AGREEMENT
- A legal document that provides for long-term maintenance of stormwater management practices.
- MAXIMUM EXTENT PRACTICABLE
- 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.
- MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
- 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.
- NEW DEVELOPMENT
- Development resulting from the conversion of previously undeveloped land or agricultural land uses.
- NONSTORMWATER DISCHARGE
- Any discharge to the stormwater conveyance system or waters of the state that is not composed entirely of stormwater.
- NRCS MSE3 DISTRIBUTION
- 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.
- PERFORMANCE STANDARD
- 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.
- PERVIOUS SURFACE
- 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).
- POST-CONSTRUCTION SITE
- A construction site following the completion of land-disturbing construction activity and final site stabilization.
- PREDEVELOPMENT CONDITION
- 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.
- PREVENTATIVE ACTION LIMIT
- Has the meaning in § NR 140.05 (17), Wis. Adm. Code.
- PROTECTIVE AREA
- 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.
- STORMWATER MANAGEMENT PLAN
- 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.
- STORMWATER MANAGEMENT SYSTEM or STORMWATER CONVEYANCE SYSTEM
- 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.
- TRANSPORTATION FACILITY
- 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.
- WATERS OF THE STATE
- Has the meaning in W.S.A. § 283.01(20).
- WPDES STORMWATER DISCHARGE PERMIT
- 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:
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.
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.
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.
It shall be a violation of this article for the unauthorized removal of the stop-work order from the premises.
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.
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.
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.
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.
Injunctive and other judicial relief.
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.
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.
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.
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.