(1)
The purpose of this chapter is to provide for the health, safety,
and general welfare of the citizens of the Village through the regulation
of non-stormwater discharges to the MS4 to the maximum extent practicable
as required by federal and state law. This chapter establishes methods
for controlling the introduction of pollutants into the Municipal
Separate Storm Sewer System (MS4) in order 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 to the MS4 by stormwater
discharges by any user.
(b)
To prohibit illicit connections and discharges to the MS4.
(c)
To establish legal authority to carry out all inspection, surveillance,
monitoring, and enforcement procedures necessary to ensure compliance
with this chapter.
This chapter shall apply to all water entering the MS4 generated
on any lands unless explicitly exempted by an authorized enforcement
agency.
The Director shall administer, implement, and enforce the provisions
of this chapter. Any powers granted or duties imposed upon the Director
may be to persons or entities acting in the beneficial interest of
or as an employee of the Village.
This chapter is not intended to modify or repeal any other chapter,
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.
(1)
Prohibition of Illicit Discharges. No person shall throw, drain,
or otherwise discharge, cause, or allow others under its control to
throw, drain, or otherwise discharge into the MS4 any pollutants or
waters containing any pollutants, other than stormwater. Pollutants
include, but are not limited to, dredged soils, solid waste, grass
clippings, sewage, garbage, refuse, oil, chemical waste or biological
materials. See Wis. Stats. § 283.03(13) for complete list.
[Amended 2-17-2020 by Ord. No. 2020-03]
(2)
Allowed Discharges.
(a)
Water line flushing, landscape irrigation, diverted stream flows,
rising ground waters, uncontaminated pumped ground water, discharges
from potable water sources, foundation drains, air conditioning condensation,
irrigation water, springs, water from crawl space pumps, footing drains,
lawn watering, individual residential car washing, flows from riparian
habitats and wetlands, and dechlorinated swimming pool discharges.
(b)
Discharges or flow from firefighting, and other discharges specified
in writing by the Village as being necessary to protect public health
and safety.
(c)
Any non-stormwater discharge permitted under a WPDES permit,
waiver, or waste discharge order issued to the discharger and administered
under the authority of the Wisconsin Department of Natural Resources.
Any person subject to such a WPDES stormwater discharge permit shall
comply with all provisions of such permit.
(3)
Prohibition of Illicit Connections.
(a)
The construction, use, maintenance or continued existence of
illicit connections to the MS4 is prohibited.
(b)
This prohibition expressly includes, without limitation, illicit
connections made in the past, regardless of whether the connection
was permissible under law or practices applicable or prevailing at
the time of connection.
(c)
A person is considered to be in violation of this chapter if
the person connects a line conveying sewage to the MS4, or allows
such a connection to continue.
(d)
Improper connections in violation of this chapter must be disconnected
and redirected, if necessary, to an approved onsite wastewater management
system or the sanitary sewer system upon approval of the Village.
(e)
Any drain or conveyance that has not been documented in plans,
maps or equivalent, and which may be connected to the storm sewer
system, shall be located by the owner or occupant of that property
upon receipt of written notice of violation from the Village requiring
that such locating be completed. Such notice will specify a reasonable
time period within which the location of the drain or conveyance is
to be determined, that the drain or conveyance be identified as storm
sewer, sanitary sewer or other, and that the outfall location or point
of connection to the storm sewer system, sanitary sewer system or
other discharge point be identified. Results of these investigations
are to be documented and provided to the Village.
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 be free of trash, debris, excessive
vegetation 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.
(1)
Right-of-Entry Inspecting and Sampling. The Village shall be permitted
to enter and inspect facilities subject to regulation under this chapter
as often as may be necessary to determine compliance with this chapter.
(a)
If a discharger has security measures in force which require
proper identification and clearance before entry into its premises,
the discharger shall make the necessary arrangements to allow access
to representatives of the Village.
(b)
Facility operators shall allow the Village ready access to all
parts of the premises for the purposes of inspection, sampling, examination
and copying of records.
(c)
The Village shall have the right to set up on any facility such
devices as are necessary in the opinion of the Village to conduct
monitoring and/or sampling of the facility's stormwater discharge.
(d)
The Village has the right to require the discharger to install
monitoring equipment as necessary. The facility's sampling and
monitoring equipment shall be maintained at all times in a safe and
proper operating condition by the discharger at its own expense. All
devices used to measure stormwater flow and quality shall be calibrated
to ensure their accuracy.
(e)
Any temporary or permanent obstruction to safe and easy access
to the facility to be inspected and/or sampled shall be promptly removed
by the operator at the written or oral request of the Village and
shall not be replaced. The costs of clearing such access shall be
borne by the operator.
(f)
Unreasonable delays in allowing the Village access to a facility
are a violation. A person who is the operator of a facility commits
an offense if the person denies the Village reasonable access to the
facility for the purpose of conducting any activity authorized or
required by this chapter.
(2)
Special Inspection Warrant. If the Village has been refused access
to any part of the premises from which stormwater is discharged, and
the Director is able to demonstrate probable cause to believe that
there may be a violation of this chapter, or that there is a need
to inspect and/or sample as part of a routine inspection and sampling
program designed to verify compliance with this chapter or any order
issued hereunder, or to protect the overall public health, safety,
and welfare of the community, then the Village may seek issuance of
a special inspection warrant per Wis. Stats. § 66.0119.
The owner or operator of any activity, operation, or facility
which may cause or contribute to pollution or contamination of stormwater,
the MS4, or waters of the state shall provide, at their own expense,
reasonable protection from accidental discharge of prohibited materials
or other wastes into the MS4 or watercourses through the use of these
structural and constructural 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 non-structural BMPs to prevent the further
discharge of pollutants to the MS4. Compliance with all terms and
conditions of a valid WPDES permit authorizing the discharge of stormwater
associated with industrial activity, to the extent practicable, shall
be deemed in compliance with the provisions of this section. These
BMPs shall be part of a Stormwater Management Plan (SWMP)/Stormwater
Pollution Prevention Plan (SWPPP) as necessary for compliance.
Notwithstanding other requirements of law, as soon as any person
responsible for a facility or operation, or responsible for emergency
response for a facility or operation has information of any known
or suspected release of materials which are resulting or may result
in illicit discharges or pollutants discharging into stormwater, the
MS4, or waters of the state, said person shall take all necessary
steps to ensure the discovery, containment, and cleanup of such release.
In the event of such a release of hazardous materials said person
shall immediately notify emergency response agencies of the occurrence
via emergency dispatch services. In the event of a release of non-hazardous
materials, said person shall notify the Village in person or by phone
or facsimile no later than the next business day. Notifications in
person or by phone shall be confirmed by written notice addressed
and mailed to the Village within two business days of the phone notice.
If the discharge of prohibited materials emanates from a commercial
or industrial establishment, the owner or operator of such establishment
shall also retain an onsite written record of the discharge and the
actions taken to prevent its recurrence. Such records shall be retained
for at least five years. Failure to provide notification of a release
as provided above is a violation of this chapter.
It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this chapter. Any person who has violated or continues to violate the provisions of this chapter, may be subject to the enforcement actions outlined in this section or may be restrained by injunction or otherwise abated in a manner provided by law. In the event the violation constitutes an immediate danger to public health or public safety, the Village is authorized to enter upon the subject private property, without giving prior notice, to take any and all measures necessary to abate the violation. The Village is authorized to seek costs of the abatement as outlined in Section 10.28.
(1)
Warning Notice. When the Village finds that any person has violated,
or continues to violate, any provision of this chapter, or any order
issued hereunder, the Village may serve upon that person a written
warning notice, specifying the particular violation believed to have
occurred and requesting the discharger to immediately investigate
the matter and to seek a resolution whereby any offending discharge
will cease. Investigation and/or resolution of the matter in response
to the warning notice in no way relieves the alleged violator of liability
for any violations occurring before or after receipt of the warning
notice. Nothing in the subsection shall limit the authority of the
Village to take action, including emergency action or any other enforcement
action without first issuing a warning notice.
(2)
Notice of Violation. Whenever the Village finds that a person has
violated a prohibition or failed to meet a requirement of this chapter,
the Village may order compliance by written notice of violation to
the responsible person. The notice of violation shall contain:
(a)
The name and address of the alleged violator;
(b)
The address when available or a description of the building,
structure or land upon which the violation is occurring, or has occurred;
(c)
A statement specifying the nature of the violation;
(d)
A description of the remedial measures necessary to restore
compliance with this chapter and a time schedule for the completion
of such remedial action;
(e)
A statement of the penalty or penalties that shall or may be
assessed against the person to whom the notice of violation is directed;
(f)
A statement that the determination of violation may be appealed
to the Village by filing a written notice of appeal within three days
of service of notice of violation; and a statement specifying that,
should the violator fail to restore compliance within the established
time schedule, the work will be done by a designated governmental
agency or contractor and the expense thereof shall be charged to the
violator. Such notice may require without limitation:
1.
The performance of monitoring, analyses, and reporting;
2.
The elimination of illicit connections or discharges;
3.
That violating discharges, practices, or operations shall cease
and desist;
4.
The abatement or remediation of stormwater pollution or contamination
hazards and the restoration of any affected property;
5.
Payment of a fine to cover administrative and remediation costs;
and
6.
The implementation of BMPs.
(1)
Emergency Cease and Desist Orders. When the Village finds that any
person has violated, or continues to violate, any provision of this
chapter, or any order issued hereunder, or that the person's
past violations are likely to recur, and that the person's violation(s)
has (have) caused or contributed to an actual or threatened discharge
to the MS4 or waters of the United States which reasonably appears
to present an imminent or substantial endangerment to the health or
welfare of persons or to the environment, the Village may issue an
order to the violator directing it immediately to cease and desist
all such violations and directing the violator to:
(a)
Immediately comply with all chapter requirements; and
(b)
Take such appropriate preventive action as may be needed to
properly address a continuing or threatened violation, including immediately
halting operations and/or terminating the discharge. Any person notified
of an emergency order directed to it under this subsection shall immediately
comply and stop or eliminate its endangering discharge. In the event
of a discharger's failure to immediately comply voluntarily with
the emergency order, the Village may take such steps as deemed necessary
to prevent or minimize harm to the MS4 or waters of the United States,
and/or endangerment to persons or to the environment, including immediate
termination of a facility's water supply, sewer connection, or
other municipal utility services. The Village may allow the person
to recommence its discharge when it has demonstrated to the satisfaction
of the Village that the period of endangerment has passed, unless
further termination proceedings are initiated against the discharger
under this chapter. A person that is responsible, in whole or in part,
for any discharge presenting imminent endangerment shall submit a
detailed written statement, describing the causes of the harmful discharge
and the measures taken to prevent any future occurrence, to the Village
within three days of receipt of the prerequisite for, taking any other
action against the violator.
(2)
Suspension Due to Illicit Discharges in Emergency Situations. The
Village may, without prior notice, suspend MS4 discharge access to
a person when such suspension is necessary to stop an actual or threatened
discharge which presents or may present imminent and substantial danger
to the environment, or to the health or welfare of persons, or to
the MS4 or waters of the state. If the violator fails to comply with
a suspension order issued in an emergency, the Village may take such
steps as deemed necessary to prevent or minimize damage to the MS4
or waters of the United States, or to minimize danger to persons.
(3)
Suspension Due to the Detection of Illicit Discharge. Any person
discharging to the MS4 in violation of this chapter may have their
MS4 access terminated if such termination would abate or reduce an
illicit discharge. The Village will notify a violator of the proposed
termination of its MS4 access. The violator may petition the Village
for a reconsideration and hearing. A person commits an offense if
the person reinstates MS4 access to premises terminated pursuant to
this section without the prior approval of the Village.
Within 30 days after abatement of the violation, the owner of
the property will be notified of the cost of abatement, including
administrative costs. If the amount due is not paid by the date determined
by the Village, the charges shall become a special charge against
the property and shall constitute a lien on the property.
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.
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 Village to seek cumulative
remedies. The Village may recover all attorney fees court costs and
other expenses associated with enforcement of this chapter, including
sampling and monitoring expenses.
The permitting fees for this chapter shall be as set from time
to time by resolution by the Board. A schedule of the fees established
by the Board shall be available for review at Village Hall.
(1)
Penalty. Any person who violates, or knowingly allows or permits
any violation of, any provision of this chapter shall be subject to
a forfeiture of not less than $100 and nor more than $2,500 per violation.
Failure or refusal to pay forfeiture may result in imprisonment for
a period of not more than 90 days for each offense. A separate offense
and violation shall be deemed committed on each day on which a violation
occurs.
(2)
Severability. If any section, clause, provision or portion of this
chapter is judged unconstitutional or invalid by a court of competent
jurisdiction, the remainder of the chapter shall remain in force and
not be affected by such judgment.
(3)
Enforcement.
(a)
The Director may post a stop-work order if any of the following
occurs:
(b)
If the responsible party does not cease activity as required
in a stop-work order posted under this section or fails to comply
with the erosion and sediment control plan or permit conditions, the
Director may revoke the permit.
(c)
If the responsible party, where no permit has been issued, does
not cease the activity after being notified by the Director, or if
a responsible party violates a stop-work order posted under Sub. (1),
the Director may request the Village Attorney to obtain a cease and
desist order in any court with jurisdiction.
(d)
The Board of Appeals may retract the stop-work order issued
under Sub. (1) or the permit revocation under Sub. (2).
(e)
After posting a stop-work order under Sub. (1), the Director
may issue a notice of intent to the responsible party of its intent
to perform work necessary to comply with this chapter. The Director
may go on the land and commence the work after issuing the notice
of intent. The costs of the work performed under this subsection by
the Director, plus interest at the rate authorized by Board shall
be billed to the responsible party or recovered from the surety bond,
cash escrow, or irrevocable letter of credit. 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 as a special assessment against the
property pursuant to Wis. Stats. Ch. 66 Subch. VII.
(f)
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 a cease and desist order before resorting
to injunctional proceedings.
(g)
Enforcement of this chapter shall be the responsibility of the
Board or its designee, and/or Village Police Department.
(h)
Any land disturbing construction activity or post-construction
runoff initiated after the effective date of this chapter by any person,
firm, association, or corporation subject to the chapter provisions
shall be deemed a violation unless conducted in accordance with the
requirements of this chapter.
(i)
The Director shall notify the responsible party by certified
mail of any non-complying land disturbing construction activity or
post-construction runoff. 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.
(j)
Upon receipt of written notification from the Director under
Sub. (2), the responsible party shall correct work that does not comply
with the stormwater management plan or other provisions of this permit.
The responsible party shall make corrections as necessary to meet
the specifications and schedule set forth by the Director in the notice.
(k)
If the violations to a permit issued pursuant to this chapter
are likely to result in damage to properties, public facilities, or
waters of the state, the Director may enter the land and take emergency
actions necessary to prevent such damage. The costs incurred by the
Director plus interest and legal costs shall be billed to the responsible
party.
(4)
Appeals.
(a)
Board of Appeals. Appeals are heard by the Village Board of
Appeals established under Section 18.24(3) of the Village Code.
(b)
Who May Appeal. Appeals to the Board of Appeals may be taken
by any aggrieved person or by any office, department, board, or bureau
of the Village affected by any decision of the Director.
