[HISTORY: Adopted by the Common Council of the City of Lodi 3-4-2008 by Ord. No. A-394. Amendments noted where applicable.]
Authority. This chapter is adopted under the authority granted by § 283.33, Wis. Stats., and required by § NR 216.07(3)(a), Wis. Adm. Code.
Legislative findings. The Common Council of the City of Lodi finds that discharges to the municipal separate storm sewer system that are not composed entirely of stormwater runoff contribute to nonpoint source pollution and degradation of Spring Creek. The impacts of these discharges adversely affect public health and the safety of drinking water supplies, recreation, fish and other aquatic life, property values and other uses of lands and water.
Intent. This chapter establishes methods for controlling the introduction of pollutants into the municipal separate storm sewer system (MS4). The objectives of this chapter are:
To regulate the contribution of pollutants to the MS4 by stormwater discharges by any user;
To prohibit illicit connections and discharges to the MS4;
To establish legal authority to carry out all inspection, surveillance and monitoring procedures necessary to ensure compliance with this chapter.
Interpretation. In their interpretation, the provisions of this chapter shall be held to be minimum requirements liberally constructed in favor of the governing body and shall not be deemed a limitation on or repeal of any other powers granted by the Wisconsin Statutes. Where a provision of this chapter is required by a standard in § NR 216, Wis. Adm. Code, and where the meaning of the provision of this chapter is unclear, the provision shall be interpreted in light of the § NR 216 standards in effect on the date of the adoption of this chapter or in effect on the most recent amendment to this chapter.
Greater restrictions to control. Where a City of Lodi ordinance is more restrictive than the provision contained in this chapter, that ordinance shall continue in full force and effect to the extent of the greater restrictions, but not otherwise.
Existing easements, covenants and deed restrictions. This chapter is not intended to repeal, abrogate or impair any existing easements, covenants or private deed restrictions. Where this chapter imposes greater restrictions, the provisions of this chapter shall prevail.
This chapter applies to all water entering the City MS4 generated on any developed or undeveloped lands unless explicitly exempted by this chapter or otherwise authorized by the Wisconsin Department of Natural Resources (WDNR).
As used in this chapter, the following terms shall have the meanings indicated:
- ACCIDENTAL DISCHARGE
- A discharge prohibited by this chapter that occurs by chance and without planning or thought prior to occurrence.
- AUTHORIZED ENFORCEMENT AGENCY
- The City of Lodi Public Works Department.
- BEST MANAGEMENT PRACTICE (BMP)
- A practice, technique, or measure that is an effective, practical means of preventing or reducing the discharge of pollutants directly or indirectly to stormwater, receiving waters or stormwater conveyance systems. This can include a structural or operational practice, schedule of activities, prohibition of practices, general good housekeeping, pollution prevention and educational practices, maintenance procedures and other management systems. A BMP may also be a practice that controls site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage.
- CITY ENGINEER
- The individual or firm appointed or retained by the City of Lodi to routinely provide engineering services to the City.
- CLEAN WATER ACT
- The Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.) and any subsequent amendments thereto.
- CONSTRUCTION ACTIVITY
- Any land alterations or disturbances that may result in soil erosion, sedimentation or change in runoff, including but not limited to removal of ground cover, grading, excavating and filling of land.
- DIRECTOR OF PUBLIC WORKS
- The individual appointed by the City of Lodi to direct the City's Department of Public Works.
- HAZARDOUS MATERIAL
- 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.
- ILLEGAL CONNECTION
- Either of the following:
- A. Any pipe, open channel, drain or conveyance, whether on the surface or subsurface, which allows an illicit 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, regardless of whether such pipe, open channel, drain or conveyance has been previously allowed, permitted or approved by an authorized enforcement agency; or
- B. Any pipe, open channel, drain or conveyance connected to the municipal separate storm sewer system which has not been documented in plans, maps or equivalent records and approved by an authorized enforcement agency.
- ILLICIT DISCHARGE
- Any direct or indirect nonstormwater discharge to the municipal separate storm sewer system, except as exempted in § 195-5A(2) of this chapter.
- INDUSTRIAL ACTIVITY
- An activity subject to NPDES industrial permits as defined in 40 CFR 122.26(b)(14).
- MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
- Any facility designed or used for collecting and/or conveying stormwater, including but not limited to any roads with drainage systems, highways, City streets, curbs, gutters, inlets, catch basins, piped storm drains, pumping facilities, structural stormwater controls, ditches, swales, natural and man-made or altered drainage channels, reservoirs, and other drainage structures and which is:
- NONSTORMWATER DISCHARGE
- Any discharge to the storm drain system that is not composed entirely of stormwater.
- Any individual, firm, association, syndicate, partnership, corporation, trust or any other legal entity.
- Anything that causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes and solvents; petroleum hydrocarbons; automotive fluids; cooking grease; detergents (biodegradable or otherwise); degreasers; cleaning chemicals; nonhazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter or other discarded or abandoned objects and accumulations that may cause or contribute to pollution; floatables; pesticides, herbicides and fertilizers; liquid and solid wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; concrete and cement; and noxious or offensive matter of any kind.
- The contamination or other alteration of any water's physical, chemical or biological properties by the addition of any constituent and includes, but is not limited to, a change in temperature, taste, color, turbidity or odor of such waters, or the discharge of any liquid, gaseous, solid, radioactive or other substance into any such waters as will or is likely to create a nuisance or render such waters harmful, detrimental or injurious to the public health, safety, welfare or environment, or to domestic, commercial, industrial, agricultural, recreational or other legitimate beneficial uses, or to livestock, wild animals, birds, fish or other aquatic life.
- Any building, lot, parcel of land or portion of land, whether improved or unimproved, including adjacent sidewalks and parking strips.
- STORM DRAINAGE SYSTEM
- 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.
- STORMWATER POLLUTION PREVENTION PLAN
- 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.
- STORMWATER RUNOFF or STORMWATER
- Any surface flow, runoff or drainage consisting entirely of water from any form of natural precipitation and resulting from such precipitation.
- STRUCTURAL STORMWATER CONTROL
- A structural stormwater management facility or device that controls stormwater runoff and changes the characteristics of that runoff, including but not limited to the quantity and quality, the period of release or the velocity of flow.
- Any water or other liquid, other than uncontaminated stormwater, discharged from a facility.
- WATERS OF THE STATE
- Has the meaning given in § 281.01(18), Wis. Stats.
- WISCONSIN POLLUTANT DISCHARGE ELIMINATION SYSTEM (WPDES) STORMWATER DISCHARGE PERMIT
- A permit issued by the Wisconsin Department of Natural Resources (WDNR) under authority delegated pursuant to 33 U.S.C. § 1342(b) that authorizes the discharge of pollutants to waters of the state, whether the permit is applicable on an individual, group or general area-wide basis.
The standards set forth herein and promulgated pursuant to this ordinance are minimum standards; therefore, this chapter does not intend nor imply that compliance by any person will ensure that there will be no contamination, pollution nor unauthorized discharge of pollutants.
No person shall throw, drain, discharge, cause to be discharged or allow others under his or her control to discharge into the municipal separate storm sewer system or watercourse any materials other than stormwater, including but not limited to pollutants or waters containing pollutants.
The following nonstormwater discharges are excluded from § 193-5A(1) of this chapter:
Waterline flushing or other potable water sources;
Landscape irrigation or lawn watering;
Diverted, natural riparian habitat and/or wetland flows;
Rising groundwater, groundwater infiltration to storm drains and uncontaminated pumped groundwater;
Foundation or footing drains (not including active groundwater dewatering systems) and crawl space pumps;
Noncommercial washing of vehicles;
Dechlorinated (less than one PPM chlorine) swimming pool water;
Fire-fighting/training activities and other discharges specified, in writing, by the Director of Public Works as being necessary to protect public health and safety; and
Other water sources determined by the Director of Public Works, in writing, as not containing pollutants that cause or contribute to waterway degradation, including but not limited to a violation of applicable water quality standards and/or degradation of the biotic integrity of Spring Creek and its floodplain.
The construction, use, maintenance or existence of illicit connections to the storm drain system is prohibited.
Connection of a line conveying sewage to the MS4.
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 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 completed, 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.
Suspension due to illicit discharges in emergency situations.
The Director of Public Works may 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, the health or welfare of persons, the MS4 or waters of the state.
In the event of failure to comply with a suspension order issued by the authorized enforcement agency, the agency may take such steps as required to prevent or minimize damage to the MS4, waters of the state or to public health.
Suspension due to the detection of illicit discharge. Any person discharging to the MS4 in violation of this chapter may have his or her MS4 access terminated.
Any person subject to an industrial or construction activity WDPES stormwater discharge permit shall comply with all the provisions of such permit. Proof of compliance with said permit may be required prior to the allowing of discharges to the MS4.
The City of Lodi Common Council may adopt requirements identifying best management practices for any activity, operation or facility that 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 his or her 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 structural and nonstructural BMPs identified by the Director of Public Works.
Any person responsible for a property or premise which is or may be the source of an illicit discharge may be required to implement, at said person's expense, structural and nonstructural BMPs, in addition to those required by Subsection B, 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 pollution prevention plan (SWPP) as necessary for compliance with requirements of the NPDES permit.
Persons owning property within the City through which a watercourse passes shall keep the property free of trash, debris, excessive vegetation and other obstacles that will pollute, contaminate or retard the flow of water through the watercourse.
The Director of Public Works and other duly authorized employees of the City of Lodi or private contractors under contract with the City bearing proper credentials and identification shall be permitted to enter all properties for the purpose of inspection, observation, measurement, sampling and testing in accordance with the provisions of this chapter.
The Director of Public Works and other duly authorized employees of the City or private contractors under contract with the City of Lodi bearing proper credentials and identification shall be permitted to enter all properties through which the City holds a duly negotiated easement for the purpose of inspection, observation, measurement, sampling and testing in accordance with the provisions of this chapter.
If the Director of Public Works or his or her designee has been refused access to any part of the premises from which stormwater is discharged and the Director of Public Works and his or her designee has cause to believe that there is 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, environment and welfare of the community, the Director of Public Works or his or her designee may seek issuance of a warrant from a court of competent jurisdiction.
Any person responsible for a facility, activity or operation or responsible for emergency response for a facility, activity or operation that has information of any known or suspected release of pollutants or nonstormwater discharges from the facility of operation, which result or may result in illicit discharges into stormwater, the MS4 or waters of the state, shall take all necessary steps to ensure the containment and cleanup of such release so as to minimize the effects of the discharge.
Said person shall notify the authorized enforcement agency, within no more than 24 hours, of the nature, quantity and time of occurrence of the discharge. Notifications in person or by telephone shall be confirmed by written notice addressed and mailed to the Director of Public Works, 130 South Main Street, Lodi, Wisconsin 53555 within three business days of the telephone or in-person 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. Said person shall also take immediate steps to ensure no recurrence of the discharge or spill.
Any person found to be violating any provisions of this chapter shall be served by the City of Lodi with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall permanently cease all violations within the period of time stated in such notice.
Notice of violation. Whenever the Director of Public Works or his or her designee finds that a violation of this chapter has occurred, the Director of Public Works or his or her designee may order compliance by a written notice of violation to the responsible person.
Appeal of notice of violation:
Any person receiving a notice of violation may appeal the determination of the Director of Public Works.
The notice of appeal must be received within five days from the receipt of the notice of violation.
Hearing on the appeal before the City of Lodi Common Council or its designee shall take place within 30 days from the receipt of the notice of appeal.
The decision of the City of Lodi Common Council shall be final.
Enforcement/abatement measures after appeal. 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 five days of the Plan Commission upholding the decision of the authorized enforcement agency, then representatives of the authorized enforcement agency shall enter the subject private property and are authorized to take any and all measures necessary to abate the violation and/or restore the property.
Costs of abatement of violation. In addition to any other penalty imposed by this chapter for a violation, the cost of abating a violation shall be collected by the City as a debt from the owner, occupant or person causing, permitting or maintaining the violation and, if notice to abate the violation has been given to the owner, such cost shall be assigned against the real estate as a special charge.
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 chapter that is a threat to the public health, safety, welfare and environment and is declared and deemed a nuisance may be abated by injunctive or other equitable relief as provided by law.
The remedies listed in this chapter are not exclusive of any other remedies available under any applicable federal, state or local law, and the City may seek cumulative remedies.
The City of Lodi may recover, in full, attorneys' fees, court costs and other expenses associated with enforcement of this chapter.