[Adopted as Title 15, Ch. 8, of the 1997 Code of Ordinances]
The purpose of this article is to provide for the health, safety,
environment and general welfare of the citizens of the Village of
Combined Locks 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 article establishes methods for controlling the introduction
of pollutants into waters of the state or the MS4 in order to comply
with requirements of the Wisconsin Pollutant Discharge Elimination
System (WPDES) permit process. The objectives of this article 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 of Wisconsin or the MS4.
C.
To establish legal authority to carry out all inspection, surveillance,
monitoring, and enforcement procedures necessary to ensure compliance
with this article.
For the purposes of this article, the following shall mean:
Employees or designees of the Director of Public Works of
the municipal agency designated to enforce this article.
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 of Wisconsin.
Activities subject to Village of Combined Locks construction
permits per erosion control and stormwater management ordinances or
WPDES construction permits per Ch. NR 216, Wis. Adm. Code, and Ch.
283, Wis. Stats.
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.
The Wisconsin Department of Natural Resources.
As defined in Ch. 283, Wis. Stats., when used without qualification
includes a discharge of any pollutant.
As defined in Ch. 283, Wis. Stats., means any addition of
any pollutant to the waters of this state from any point source.
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.
An illicit connection is defined as either of the following:
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
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.
Any discharge into waters of the state or a municipal separate
storm sewer system that is not composed entirely of storm sewer. 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, fire fighting, 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.
Activities subject to WPDES Industrial Permits per Ch. NR
216, Wis. Adm. Code and Ch. 283, Wis. Stats.
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.
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, construction channels
or storm drains, which meets all of the following criteria:
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.
Any discharge to the MS4 that is not composed entirely of
stormwater.
The point at which stormwater is discharged to waters of
the state or to a storm sewer.
Any person holding fee title, an easement or other interest
in property.
An individual, owner, operator, corporation, partnership,
association, municipality, interstate agency, state agency or federal
agency.
As defined in Ch. 283, Wis. Stats., means 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.
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.
Taking measures to eliminate or reduce pollution.
Any building, lot, parcel of land, or portion of land whether
improved or unimproved including adjacent sidewalks and parking strips.
Runoff from precipitation including rain, snow, ice melt
or similar water that moves on the land surface via sheet or channelized
flow.
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.
Any water or other liquid, other than uncontaminated stormwater,
discharged from a facility.
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 Outagamie 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.
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.
A Wisconsin pollutant discharge elimination system permit
issued pursuant to Chapter 283, Wis. Stats.
This article shall apply to all water and discharges entering
waters of the state or the MS4 generated on any lands unless explicitly
exempted by the Director of Public Works.
The Director of Public Works shall administer, implement, and
enforce the provisions of this article. 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 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 provisions of this article are hereby declared to be severable.
If any provision, clause, sentence, or paragraph of this article 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 article.
The standards set forth herein and promulgated pursuant to this
article are minimum standards; therefore this article does not intend
or imply that compliance by any person will ensure that there will
be no contamination, pollution, or unauthorized discharge of pollutants.
A.
Prohibition of illicit discharges. No person shall throw, dump, spill,
drain, or otherwise discharge, cause, or allow others under its control
to throw, dump, spill, drain, or otherwise discharge into waters of
the state or the MS4 any pollutants or waters containing any pollutants,
other than stormwater.
B.
Allowed discharges.
(1)
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, 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.
(2)
Discharges or flow from firefighting, and other discharges specified
in writing by the Director of Public Works as being necessary to protect
public health and safety.
(3)
Discharges associated with dye testing; however, this activity requires
a verbal notification to the Director of Public Works and the Wisconsin
Department of Natural Resources a minimum of one business day prior
to the time of the test.
(4)
Any nonstormwater discharges permitted under a construction activity
permit, industrial activity permit, or WPDES permit shall comply with
all provisions of such permit. Proof of compliance with said permit
may be required in a form acceptable to the Director of Public Works
prior to allowing discharges to waters of the state or the MS4.
C.
Prohibition of illicit connections.
(1)
The construction, use, maintenance or continued existence of illicit
connections to waters of the state or the MS4 is prohibited.
(2)
This prohibition expressly includes, without limitation, illicit
connections made in the past, regardless of whether the connection
are permissible under law or practices applicable or prevailing at
the time of connection.
(3)
A person is considered to be in violation of this article if the
person connects a line conveying sewage to waters of the state or
the MS4, or allows such a connection to continue.
(4)
Improper connections in violation of this article must be disconnected
and redirected, if necessary, to an approved on-site wastewater management
system or the sanitary sewer system upon approval of the Director
of Public Works.
(5)
Any drain or conveyance that has not been documented in plans, maps
or equivalent, and which may be connected to waters of the state or
the MS4, shall be located by the owner or occupant of that property
upon receipt of written notice of violation from the Director of Public
Works 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 Director
of Public Works.
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.
A.
Right of entry; inspecting and sampling. The Director of Public Works
shall be permitted to enter and inspect properties and facilities
subject to regulation under this article as often as may be necessary
to determine compliance with this article:
(1)
If a property or facility has security measures in force which require
proper identification and clearance before entry into its premises,
the owner or operator shall make the necessary arrangements to allow
access to representatives of the Director of Public Works.
(2)
Facility owners and operators shall allow the Director of Public
Works ready access to all parts of the premises for the purposes of
inspection, sampling, examination and copying of records.
(3)
The Director of Public Works shall have the right to set up on any
property or facility such devices as are necessary, in the opinion
of the Director of Public Works, to conduct monitoring and/or sampling
of the facility's stormwater discharge.
(4)
The Director of Public Works has the right to require the owner or
operator to install monitoring equipment as necessary, and make the
monitoring data available to the Director of Public Works. 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.
(5)
Any temporary or permanent obstruction to safe and easy access to
the property or facility to be inspected and/or sampled shall be promptly
removed by the owner or operator at the written or oral request of
the Director of Public Works and shall not be replaced. The costs
of clearing such access shall be borne by the owner or operator.
(6)
Unreasonable delays in allowing the Director of Public Works access
to a facility is a violation of this article. A person who is the
operator of a facility commits an offense if the person denies the
Director of Public Works reasonable access to the facility for the
purpose of conducting any activity authorized or required by this
article.
B.
Special inspection warrant. If the Director of Public Works has been
refused access to any part of the premises from which stormwater is
discharged, and the Director of Public Works is able to demonstrate
probable cause to believe that there may be a violation of this article,
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 article or any order issued hereunder, or to protect the overall
public health, safety, environment and welfare of the community, then
the Director of Public Works may seek issuance of a special inspection
warrant per § 66.0119, Wis. Stats.
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.
A.
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,
so as to minimize the impacts of the discharge.
B.
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, and shall also notify the Director
of Public Works. In the event of a release of nonhazardous materials,
said person shall notify the Director of Public Works in person or
by telephone or facsimile no later than the next business day. Notifications
in person or by telephone shall be confirmed by written notice addressed
and mailed to the Director of Public Works within 48 hours of the
telephone 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 on-site record of the discharge
and the actions taken to prevent it recurrence. Such records shall
be retained for at least five years.
C.
Failure to provide notification of a release as provided above is
a violation of this article.
A.
Violations.
(1)
Violations of article. It shall be unlawful for any person to violate
any provision or fail to comply with any of the requirements of this
article. Any person who has violated or continues to violate the provisions
of this article, 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.
(2)
Emergency abatement. In the event the violation constitutes an immediate danger to public health or public safety, the Director of Public Works 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 Director of Public Works is authorized to seek costs of the abatement as outlined in § 518-72.
B.
Warning notice. When the Director of Public Works finds that any
person has violated, or continues to violate, any provision of this
article, or any order issued hereunder, the Director of Public Works
may serve upon that person a verbal or 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
this subsection shall limit the authority of the Director of Public
Works to take action, including emergency action or any other enforcement
action, without first issuing a warning notice.
C.
Notice of violation.
(1)
Compliance order. Whenever the Director of Public Works finds that
a person has violated a prohibition or failed to meet a requirement
of this article, the Director of Public Works may order compliance
by written notice of violation to the responsible person.
(2)
Notice of violation. 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 article 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 Director of Public Works by filing a written notice of appeal
within three business days of service of notice of violation; and
(g)
A statement specifying that, should the violator fail to restore compliance within the established time schedule, 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 article. 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 the abatement as outlined in § 518-72.
(3)
Notice requirements. Such notice may require without limitation:
(a)
The performance of monitoring, analyses, and reporting;
(b)
The elimination of illicit connections or discharges;
(c)
That violating discharges, practices, or operations shall cease
and desist;
(d)
The abatement or remediation of stormwater pollution or contamination
hazards and the restoration of any affected property;
(e)
Payment of a fine to cover administrative and remediation costs;
and
(f)
The implementation of BMPs.
D.
Suspension of MS4 access.
(1)
Emergency cease and desist orders.
(a)
When the Director of Public Works finds that any person has
violated, or continues to violate, any provision of this article,
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 state which reasonably appears to present an
imminent or substantial endangerment to the health or welfare of persons
or to the environment, the Director of Public Works may issue an order
to the violator directing it immediately to cease and desist all such
violations and directing the violator to:
[1]
Immediately comply with all ordinance requirements; and
[2]
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 Director of Public Works may take such steps
as deemed necessary to prevent or minimize harm to the MS4 or waters
of the state, 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 Director of Public
Works may allow the person to recommence its discharge when it has
demonstrated to the satisfaction of the Director of Public Works that
the period of endangerment has passed, unless further termination
proceedings are initiated against the discharger under this article.
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 Director of Public Works
within 30 days of receipt of the prerequisite for, taking any other
action against the violator.
(2)
Suspension due to illicit discharges in emergency situations. The
Director of Public Works 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
Director of Public Works may take such steps as deemed necessary to
prevent or minimize damage to the MS4 or waters of the state, or to
minimize danger to persons.
(3)
Suspension due to the detection of illicit discharge.
(a)
Any person discharging to the MS4 in violation of this article
may have their MS4 access terminated if such termination would abate
or reduce an illicit discharge. The Director of Public Works will
notify a violator of the proposed termination of its MS4 access.
(b)
A person commits an offense if the person reinstates MS4 access
to premises terminated pursuant to this section, without the prior
approval of the Director of Public Works.
E.
Prosecution and penalties.
(1)
Forfeitures. Any person violating any provision of this article shall
be subject to a forfeiture of not less than $25 nor more than $500
and the costs of prosecution for each violation. Each day a violation
exists shall constitute a separate offense.
(2)
Injunction. Compliance with the provisions of this article 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.
A.
Board of Appeals authority.
(1)
The Board of Appeals created pursuant to Chapter 21, Boards Commissions and Committees, Article III, Zoning Board of Appeals, of the Village of Combined Locks Code of Ordinances pursuant to § 62.23(7)(e), Wis. Stats.:
(a)
Shall hear and decide appeals where it is alleged that there is error in any order, decision or determination made by the Director of Public Works in administering this article except for cease and desist orders obtained under § 518-69E;
(b)
Upon appeal, may authorize variances from the provisions of
this article which are not contrary to the public interest and where
owing to special conditions a literal enforcement of the provisions
of the article will result in unnecessary hardship; and
(c)
Shall use rules, procedures, duties and powers authorized by
statute in hearing and deciding appeals and authorizing variances.
(2)
This section does not apply to determinations made regarding this
article in Circuit Court. In such circumstances, the appeals procedure
shall be that set forth for appealing Circuit Court decisions as applicable.
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 of Combined Locks affected by any decision of the Director
of Public Works.
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 article. 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 § 518-72. 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 Director of Public Works
pursuant to this article, plus interest at the rate authorized by
the Director of Public Works 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 as a
special assessment against the property pursuant to Subch. 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.
A.
The remedies listed in this article are not exclusive of any other
remedies available under any applicable federal, state or local law
and it is within the discretion of the Director of Public Works to
seek cumulative remedies.
B.
The Director of Public Works may recover all attorney's fees, court
costs and other expenses associated with enforcement of this article,
including sampling and monitoring expenses.
This article shall be in force and effect from and after its
adoption and publication. The above and foregoing article was duly
adopted by the Village Board of the Village of Combined Locks on the
18th day of December, 2007.
Nothing in this article creates or imposes, nor shall be construed
to create or impose, any greater obligation or responsibility on the
Village than those minimum requirements specifically required by the
Wisconsin Statutes and Wisconsin Department of Natural Resources regulations.
