[Amended 4-3-2023 by Ord. No. 23-07]
The purpose of this article is to provide for the health, safety
and general welfare of the citizens of the City of Watertown through
the regulation of nonstormwater discharges to the storm drainage system
to the maximum extent practicable, as required by federal and state
law. This article 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
article are:
A.
To regulate the contribution of pollutants to the municipal separate
storm sewer system (MS4) by stormwater discharges by any user.
B.
To prohibit illicit connections and discharges to the municipal separate
storm sewer system.
C.
To establish legal authority to carry out all inspection, surveillance
and monitoring procedures necessary to ensure compliance with this
article.
For the purposes of this article, the following terms shall
have the meanings indicated:
The Public Works Director/City Engineer and their designees
is designated by the City of Watertown to administer 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.
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.), and any subsequent amendments thereto.
Activities subject to City of Watertown or WPDES construction
permits. Such activities include but are not limited to clearing and
grubbing, grading, excavating and demolition.
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 direct or indirect nonstormwater discharge to the storm drain system, except as exempted in § 453-15 of this article.
Either of the following: any drain or conveyance, whether
on the surface or subsurface, which allows an illegal discharge to
enter the storm drain system, including but not limited to any conveyances
which allow any nonstormwater discharge, including sewage, process
wastewater, and wash water, to enter the storm drain system and any
connections to the storm drain system from indoor drains and sinks,
regardless of whether said drain or connection had been previously
allowed, permitted or approved by the administering authority, 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 the administering
authority.
Activities subject to WPDES industrial permits as defined
in 40 CFR 122.26(b)(14).
Any discharge to the storm drain system that is not composed
entirely of stormwater.
Any individual, association, organization, partnership, firm,
corporation or other entity recognized by law and acting as either
the owner or as the owner's agent.
Has the meaning given in § 283.01(13), Wis. Stats.
Any building, lot, parcel of land, or portion of land, whether
improved or unimproved, including adjacent sidewalks and parking strips.
Publicly owned facilities by which stormwater is collected
and/or conveyed, including but not limited to any roads with drainage
systems, municipal streets, gutters, curbs, inlets, piped storm drains,
pumping facilities, retention and detention basins, natural and human-made
or altered drainage channels, reservoirs and other drainage structures
for which a municipal separate stormwater permit (also known as a
"MS4 permit") has been issued by the WDNR to the City of Watertown
under Ch. NR 216, Wis. Adm. Code.
Any surface flow, runoff and drainage consisting entirely
of water from any form of natural precipitation, and resulting from
such precipitation.
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 stormwater, stormwater
conveyance systems, and/or receiving waters to the maximum extent
practicable.
Any water or other liquid, other than uncontaminated stormwater,
discharged from a facility.
A permit issued by WDNR that authorizes the discharge of
pollutants to waters of the United States, whether the permit is applicable
on an individual, group or general area-wide basis.
This article shall apply to all water entering the storm drain
system generated on any developed and undeveloped lands, unless explicitly
exempted by the administering authority.
The Public Works Director/City Engineer and their designees,
shall administer, implement, and enforce the provisions of this article.
Any powers granted or duties imposed upon the administering authority
may be delegated in writing by the City of Watertown to persons or
entities acting in the beneficial interest of or in the employ of
the City of Watertown.
The standards set forth herein and promulgated pursuant to this
article are minimum standards; therefore, this article does not intend
nor imply that compliance by any person will ensure that there will
be no contamination, pollution, nor unauthorized discharge of pollutants.
A.
Prohibition of illegal discharges. No person shall discharge or cause
to be discharged into the municipal storm drain system or watercourses
any materials, including but not limited to pollutants or waters containing
any pollutants, that cause or contribute to a violation of applicable
water quality standards, other than stormwater. Examples of illegal
discharges include but are not limited to: vehicle fluids, lawn fertilizers,
grass clippings, concrete washouts, sanitary sewage and hazardous
wastes. The commencement, conduct or continuance of any illegal discharge
to the storm drain system is prohibited except as described as follows:
(1)
The following discharges are exempt from discharge prohibitions established
by this article: waterline flushing or other potable water sources,
landscape irrigation or lawn watering, diverted stream flows, rising
groundwater, groundwater infiltration to storm drains, uncontaminated
pumped groundwater, foundation or footing drains (not including active
groundwater dewatering systems), crawl space pumps, air-conditioning
condensation, springs, individual residential washing of vehicles,
natural riparian habitat or wetland flows, swimming pools (if dechlorinated,
typically less than one ppm chlorine), firefighting activities, and
any other water source not containing pollutants.
(a)
Permit required. No mini-storm sewer system or sump discharge
shall be connected to the municipal storm sewer system without a permit
issued by the Engineering Division.
(b)
If a storm sewer system is not available for connection in proximity to the source of the sump discharge, a seasonal (November 1 - March 31) permit may be issued by the Water/Wastewater Division to connect to the sanitary sewer system to minimize the amount of potential icing on surfaces in cold weather per § 508-8, Municipal Code.
(2)
Discharges specified in writing by the administering authority as
being necessary to protect public health and safety.
(3)
Dye testing is an allowable discharge, but requires a verbal notification
to the administering authority prior to the time of the test.
(4)
The prohibition shall not apply to any nonstormwater discharge permitted
under an WPDES permit, waiver or waste discharge order issued to the
discharger and administered under the authority of the Wisconsin Department
of Natural Resources, provided that the discharger is in full compliance
with all requirements of the permit, waiver or order and other applicable
laws and regulations, and provided that written approval has been
granted for any discharge to the storm drain system.
B.
Prohibition of illicit connections. The construction, use, maintenance
or continued existence of illicit connections to the storm drain system
is prohibited.
(1)
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.
(2)
A person is considered to be in violation of this article if the
person connects a line conveying sewage to the MS4 or allows such
a connection to continue.
The administering authority may suspend, prohibit and disconnect
a person from access to the storm drain system under the following
conditions:
A.
Suspension due to illicit discharges in emergency situations. The
administering authority 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 United States. If the violator
fails to comply with a suspension order issued in an emergency, the
administering authority 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.
B.
Suspension due to the detection of illicit discharge. Any person
discharging to the MS4 in violation of this article may have its MS4
access terminated if such termination would abate or reduce an illicit
discharge. The administering authority will notify a violator of the
proposed termination of its MS4 access. The violator may petition
the administering authority for a reconsideration and hearing.
C.
Suspension due to unauthorized connection to MS4. A person commits
a violation of this article if the person reinstates MS4 access to
premises terminated pursuant to this section without the prior approval
of the administering authority.
Any person subject to an industrial or construction activity
WPDES stormwater discharge permit shall comply with all provisions
of such permit. Proof of compliance with said permit may be required
in a form acceptable to the administering authority prior to the allowing
of discharges to the MS4.
A.
Applicability. This section applies to all facilities or structures
that have stormwater discharges, including construction activity.
B.
Access to facilities or structures.
(1)
The administering authority shall be permitted to enter and inspect
facilities subject to regulation under this article as often as may
be necessary to determine compliance with this article. 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 administering authority.
(2)
Facility operators shall allow the administering authority ready
access to all parts of the premises for the purposes of inspection,
sampling, examination and copying of records that must be kept under
the conditions of a WPDES permit to discharge stormwater and the performance
of any additional duties as defined by state and federal law.
(3)
The administering authority shall have the right to set up on any
permitted facility such devices as are necessary in the opinion of
the administering authority to conduct monitoring and/or sampling
of the facility's stormwater discharge.
(4)
The administering authority 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.
(5)
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 Public Works
Director/City Engineer or their designees and shall not be replaced.
The costs of clearing such access shall be borne by the operator.
(6)
Unreasonable delays in allowing the administering authority access
to a permitted facility is a violation of a stormwater discharge permit
and of this article. A person who is the operator of a facility with
a WPDES permit to discharge stormwater associated with industrial
activity commits an offense if the person denies the administering
authority reasonable access to the permitted facility for the purpose
of conducting any activity authorized or required by this article.
(7)
If the administering authority has been refused access to any part
of the premises from which stormwater is discharged, and he/she 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 and welfare of the
community, then the administering authority may seek issuance of a
special inspection warrant or a search warrant from any court of competent
jurisdiction.
The administering authority may provide requirements identifying
best management practices for any activity, operation or facility
which may cause or contribute to pollution or contamination of stormwater,
the storm drain system, or waters of the United States. The owner
or operator of a commercial or industrial establishment shall provide,
at its own expense, reasonable protection from accidental discharge
of prohibited materials or other wastes into the municipal storm drain
system or watercourses through the use of these structural and nonstructural
BMPs. Further, any person responsible for a property or premises which
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 the municipal separate storm sewer system or watercourses. 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 compliance with the provisions
of this section. These BMPs shall be part of a stormwater pollution
prevention plan (SWPPP) as necessary for compliance with requirements
of the WPDES permit.
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 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.
Notwithstanding other requirements of law, as soon as the property
owner, agent, lessee, person in possession of any premises or 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 illegal discharges or pollutants discharging into stormwater,
the storm drain system, or water of the United States, 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 nonhazardous materials, said person shall notify
the administering authority in person or by phone or electronic mail
within 24 hours of becoming aware of the release. Notifications in
person or by phone shall be confirmed by written notice addressed
and mailed to the administering authority within three 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 on-site written record
of the discharge and the actions taken to prevent its recurrence.
Such records shall be retained for at least three years.
A.
Violation of this article. It shall be unlawful to discharge any substance in violation of any of the provisions of this article, or otherwise neglect, refuse or fail to comply with this article's requirements. Any person who violates or fails to comply with any of the provisions of this article shall be subject to the penalties set forth in Subsections B through D and, in addition, shall pay all costs and expenses, including actual reasonable attorneys' and other fees involved in the case.
B.
Penalties. Any person violating any of the provisions of this article
shall be subject to a forfeiture of not less than $100 nor more than
$1,000 and the costs of prosecution for each violation. Each day a
violation exists shall constitute a separate offense. Notice of violation.
Whenever the administering authority finds that a person has violated
a prohibition or failed to meet a requirement of this article, the
administering authority may order compliance by written notice of
violation to the responsible person. 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;
(6)
The implementation of source control or treatment BMPs; and
(7)
Forfeiture not less than $100 nor more than $1,000 and the costs
of prosecution.
C.
Citable offenses. Any action performed which results in a prohibited substance entering the storm drainage system (including but not limited to discharges such as waste oil, grass clippings and pet waste) shall be considered citable offenses and a violation of this article, subject to the penalties of Subsections B and C.
D.
Notice of abatement. If abatement of a violation and/or restoration
of affected property is required, the notice shall set forth a deadline
within which such remediation or restoration must be completed. Said
notice shall further advise that, should the violator fail to remediate
or restore within the established deadline, the work will be done
by a designated governmental agency or a contractor, and the expense
thereof shall be charged to the violator.
Any person receiving a notice of violation may appeal the determination
of the administering authority. The notice of appeal must be received
within five days from the date of the notice of violation. Hearing
on the appeal before the City of Watertown Public Works Commission,
which is designated as the appropriate authority to hear and determine
such appeal, shall take place within 30 days from the date of receipt
of the notice of appeal. The decision of the City of Watertown Public
Works Commission shall be final, subject to appeal to a court of competent
jurisdiction under law.
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,
within 10 days of the decision of the City of Watertown Public Works
Commission upholding the decision of the administering authority,
then representatives of the administering authority shall enter upon
the subject private property and are authorized to take any and all
measures necessary to abate the violation and/or restore the property.
It shall be unlawful for any person, owner, agent, lessee 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.
Within 15 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 within 60 days
after receipt of the final bill, the charges shall become a special
assessment against the property and shall constitute a lien on the
property for the amount of the assessment. Any person violating any
of the provisions of this article shall become liable to the administering
authority by reason of such violation. Interest may be assessed on
the balance beginning on the 31st day following notice to the property
owner of the cost of the abatement.
It shall be unlawful for any person to violate any provision
or fail to comply with any of the requirements of this article. If
a person has violated or continues to violate the provisions of this
article, the administering authority may petition for a preliminary
or permanent injunction restraining the person from activities which
would create further violations or compelling the person to perform
abatement or remediation of the violation.
In lieu of enforcement proceedings, penalties and remedies authorized
by this article, the administering authority may impose upon a violator
alternative compensatory actions, such as storm drain stenciling,
attendance at compliance workshops, creek cleanup, etc.
In addition to the enforcement processes and penalties provided,
any condition caused or permitted to exist in violation of any of
the provisions of this article is a threat to public health, safety
and welfare and is declared and deemed a nuisance and may be summarily
abated or restored at the violator's expense, and/or a civil
action to abate, enjoin or otherwise compel the cessation of such
nuisance may be taken.
Any person that has violated or continues to violate this article
shall be liable to criminal prosecution to the fullest extent of the
law and shall be subject to a criminal penalty adopted by the Wisconsin
Legislature and imposed by the Wisconsin Department of Natural Resources
at its discretion. This criminal penalty shall be on file in the offices
of the Police Chief and the City Clerk/Treasurer.
The administering authority may recover any and all attorney's
fees, court costs and other expenses associated with enforcement of
this article, including sampling and monitoring expenses.
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 administering authority
to seek cumulative remedies.
