[HISTORY: Adopted by the Village Board of the Village of Merton as indicated in article histories. Amendments noted where applicable.]
[Adopted 2-1-2024 by Ord. No. 214]
The terms used in this article shall have the following meanings:
AFFECTED
As used in this article, "illicit discharge" means a regulated activity has:
A. 
Caused negative impacts on water quality, water quantity and flooding, or the use or maintenance of one's property or business; or
B. 
Endangered one's health, safety, or general welfare.
AUTHORITY
The Village Board or its authorized deputy, agent, or representative.
ILLICIT DISCHARGE
Any discharge to a municipal separate storm sewer that is not composed entirely of stormwater, except discharges authorized by a WPDES permit or any other discharge not requiring a WPDES permit such as lateral line flushing, landscape irrigation, individual residential car washing, firefighting and similar discharges.
LAND DEVELOPMENT ACTIVITY
Any construction-related activity that results in the addition or replacement of impervious surfaces such as rooftops, roads, parking lots and other structures.
LAND DISTURBING ACTIVITY
Any construction-related activity that exposes soil to the erosive forces of wind, rain, and snow melt. Land disturbing activities include removing vegetative cover, grading, excavating, and filling. It does not include the planting, growing, and harvesting of agricultural crops or mining activity that is otherwise regulated through a local mine reclamation ordinance.
ORDINANCE ADMINISTRATOR
The Director of Administration or his/her designee.
RESPONSIBLE PARTY
For purposes of determining the responsible party or parties for any enforcement action under this article, the phrase "person, firm, association, corporation or other entity" as used in this article shall include, as the context requires, any owner, lessee, tenant, mortgagee, trustee, land contract vendor or vendee, or other holder of any legal or equitable interest in the particular land subject to this article and shall also include any contractor, subcontractor, engineer, consultant, agent or employee retained or acting on behalf of any of the preceding and having any material responsibility or having undertaken any activity with respect to the particular land subject to this article.
STABILIZED
That vegetation is well established or other surfacing material is in place and the risk of further soil erosion is minimal.
STORMWATER MANAGEMENT
Any measures taken to permanently reduce or minimize the negative impacts of stormwater runoff quantity and quality from urban areas after land development activities.
WORKING DAY
A day when the administering authority and other local businesses are routinely and customarily open for business, not including Saturdays, Sundays, or scheduled holidays. When used in this article, relating to specific requirements, the term "working day" shall not include any days that site activities could not reasonably be carried out due to inclement weather conditions.
WPDES PERMIT
A permit to discharge pollutants obtained under the Wisconsin Pollutant Discharge Elimination System (WPDES) pursuant to Ch. 283, Wis. Stats.
A. 
Discharges. Except for stormwater and other discharges specifically exempted under this article, no person shall dump or dispose of materials other than stormwater into the municipal separate storm sewer system. No person shall discharge polluted stormwater from industrial or construction activity into the municipal separate storm sewer system. No discharge, spilling, or dumping of substances or material shall be allowed into receiving water bodies or onto driveways, sidewalks, parking lots or other areas that drain into the storm drainage system.
B. 
Connections. The construction, use, maintenance, or continued existence of illicit connections to the storm drainage system is prohibited. This prohibition expressly includes, without limitation, illicit connections made prior to the adoption of this section, regardless of whether the connection was permissible under law or practice applicable or prevailing at the time of connection.
The following activities are exempt from provisions of this article unless found to have an adverse impact on the stormwater:
A. 
Discharges authorized by a permit issued by the Wisconsin Department of Natural Resources.
B. 
Discharges resulting from firefighting activities.
C. 
Discharges from uncontaminated groundwater, potable water source, roof drains, foundation drain and sump pump, air-conditioning condensation, springs, lawn watering, individual residential car washing, dye testing and swimming pools if the water has been dechlorinated.
D. 
Agricultural activities, if such activities are done in a manner consistent with good soil and water conservation practices.
E. 
Facility maintenance activities undertaken by any federal, state, county, or municipal agency if facility maintenance is done in accordance with all applicable construction erosion control measures.
A. 
Written notice.
(1) 
Whenever the Village finds a violation of this section, the Village may order compliance by written notice of violation to the responsible party. Such notice may require without limitation:
(a) 
The elimination of illicit connections or discharges;
(b) 
That violating discharges, practices, or operations shall cease and desist;
(c) 
The abatement or remediation of stormwater pollution or contaminated hazards and the restoration of any affected property.
(2) 
Any responsible party that fails to comply with a notice of violation under this section shall be subject to further enforcement action under the direction of the ordinance administrator.
B. 
Citation.
(1) 
The Village may elect to also use the citation method of enforcement under § 66.0113, Wis. Stats., for violations of this article, including those for which a statutory counterpart exists. The procedures contained in § 66.0113, Wis. Stats., relating to the options of an alleged violator and default are adopted and incorporated herein by reference.
(2) 
Authority to issue a citation under this article shall be limited to the ordinance administrator or his/her designee. The authority delegated to such official or employees to issue citations may only be granted or revoked by the Village Board. This subsection does not preclude the Village or any authorized officer from proceeding under any other ordinance or law or by any other enforcement method to enforce any ordinance regulations or order.
(3) 
The schedule of cash deposits including penalty assessment, jail assessment, or any other assessment applicable by law for use with citations issued under this article shall be as adopted by the Village Board from time to time and such schedule shall be on file in the Village Hall and receipts shall be given for cash deposits.