A. 
This chapter is adopted under the authority granted by § 62.234, Wis. Stats, as may be amended, and supersedes all provisions of an ordinance previously enacted under § 62.23, Wis. Stats., relating to construction site erosion control. Except as otherwise specified in § 62.234, Wis. Stats., § 62.23, Wis. Stats., applies to this chapter and to any amendments thereof. The provisions of this chapter are deemed not to limit any other lawful regulatory powers of the same governing body. The City Common Council hereby designates the City Engineer or designated agent to administer and enforce the provisions of this chapter. The requirements of this chapter do not preempt more stringent erosion and sediment control requirements that may be imposed by any of the following:
1. 
Wisconsin Department of Natural Resources (WDNR) administrative rules, permits or approvals including those authorized under §§ 281.16 and 283.33, Wis. Stats.;
2. 
Targeted nonagricultural performance standards promulgated in rules by the Wisconsin Department of Natural Resources under § NR 151.004, Wis. Adm. Code.; or
3. 
La Crosse Sewer Service Area Water Quality Management Plan through cooperative agreement with La Crosse County Land Conservation Department.
A. 
The finds that runoff from land disturbing construction activity carries a significant amount of sediment and other pollutants to neighboring properties, public holdings, and waters of the state. It is the purpose of this chapter to further the maintenance of safe and healthful conditions; prevent and control water pollution; prevent and control soil erosion; protect spawning grounds, fish and aquatic life; control building sites, placement of structures and land uses; preserve ground cover and scenic beauty; and promote sound economic growth, by minimizing the amount of sediment and other pollutants carried by runoff or discharged from land disturbing construction activity to waters of the state in the City of Onalaska.
A. 
Applicability. This chapter applies to a construction site with land disturbing construction activity except as follows:
1. 
A construction project that is exempted by federal statutes or regulations from the requirement to have a National Pollutant Discharge Elimination System permit issued under 40 CFR Part 122 for land disturbing construction activity.
2. 
Land development and land disturbing activities exempted by state or federal law, including highway construction projects.
3. 
Nonpoint discharges from agricultural facilities and practices.
4. 
Nonpoint discharges from silviculture activities.
5. 
Agricultural or horticultural activities, landscaping activities of 1/2 acre or less, the construction or maintenance of a septic system or associated drain field or any project involving excavation or fill of less than 100 cubic yards of earth and quarry operations are governed by Title 7 related to regulation of nonmetallic mining.
B. 
Notwithstanding the exceptions noted above, this chapter applies to construction sites of any size that, in the opinion of the City Engineer or designated agent, are likely to result in runoff that exceeds the safe capacity of the existing drainage facilities or receiving body of water, that causes undue channel erosion, that increases water pollution by scouring or the transportation of particulate matter or that endangers property or public safety.
C. 
Jurisdiction. This chapter applies to land disturbing activity located within the boundaries and jurisdiction of the City of Onalaska.
D. 
Exclusions. This chapter is not applicable to activities conducted by a state agency, as defined under § 227.01(1), Wis. Stats., but also including the Office of District Attorney, which is subject to the state plan promulgated or a memorandum of understanding entered into under § 281.33(2), Wis. Stats.