[HISTORY: Adopted by the Common Council of
the City of Lodi 3-4-2008 by Ord. No. A-394. Amendments noted where
applicable.]
A.
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.
B.
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.
C.
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:
(1)
To regulate the contribution of pollutants to the
MS4 by stormwater discharges by any user;
(2)
To prohibit illicit connections and discharges to
the MS4;
(3)
To establish legal authority to carry out all inspection,
surveillance and monitoring procedures necessary to ensure compliance
with this chapter.
D.
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.
E.
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.
F.
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:
A discharge prohibited by this chapter that occurs by chance
and without planning or thought prior to occurrence.
The City of Lodi Public Works Department.
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.
The individual or firm appointed or retained by the City
of Lodi to routinely provide engineering services to the City.
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.) and any subsequent amendments thereto.
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.
The individual appointed by the City of Lodi to direct the
City's Department of Public Works.
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.
Either of the following:
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
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.
Any direct or indirect nonstormwater discharge to the municipal
separate storm sewer system, except as exempted in § 195-5A(2)
of this chapter.
An activity subject to NPDES industrial permits as defined
in 40 CFR 122.26(b)(14).
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:
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.
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.
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 surface flow, runoff or drainage consisting entirely
of water from any form of natural precipitation and resulting from
such precipitation.
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.
Has the meaning given in § 281.01(18), Wis. Stats.
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.
A.
Illicit discharge:
(1)
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.
(2)
The following nonstormwater discharges are excluded from § 193-5A(1) of this chapter:
(a)
Waterline flushing or other potable water sources;
(b)
Landscape irrigation or lawn watering;
(c)
Diverted, natural riparian habitat and/or wetland
flows;
(d)
Rising groundwater, groundwater infiltration
to storm drains and uncontaminated pumped groundwater;
(e)
Foundation or footing drains (not including
active groundwater dewatering systems) and crawl space pumps;
(f)
Air-conditioning condensation;
(g)
Springs;
(h)
Noncommercial washing of vehicles;
(i)
Dechlorinated (less than one PPM chlorine) swimming
pool water;
(j)
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
(k)
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.
B.
Illegal connections.
(1)
The construction, use, maintenance or existence of
illicit connections to the storm drain system is prohibited.
(2)
Connection of a line conveying sewage to the MS4.
(3)
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.
A.
Suspension due to illicit discharges in emergency
situations.
(1)
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.
(2)
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.
B.
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.
A.
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.
B.
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.
C.
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.
D.
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.
A.
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.
B.
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.
C.
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.
A.
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.
B.
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.
A.
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.
B.
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.
C.
Appeal of notice of violation:
(1)
Any person receiving a notice of violation may appeal
the determination of the Director of Public Works.
(2)
The notice of appeal must be received within five
days from the receipt of the notice of violation.
(3)
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.
(4)
The decision of the City of Lodi Common Council shall
be final.
D.
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.
E.
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.
A.
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.
B.
The City of Lodi may recover, in full, attorneys'
fees, court costs and other expenses associated with enforcement of
this chapter.
