[Adopted 1-8-2008 by Ord. No. 44]
An illicit discharge is defined as any discharge
to a municipal separate storm sewer system (MS4) that is not composed
entirely of stormwater runoff (except for discharges allowed under
an NPDES permit or nonpolluting flows). These nonstormwater discharges
occur due to illegal dumping or illegal connections to the stormwater
drainage system. This article provides the Village with the authority
to deal with illicit discharges and establishes enforcement actions
for those persons or entities found to be in noncompliance or that
refuse to allow access to their facilities.
A.
It is hereby determined that:
(1)
Discharges to the municipal separate storm sewer system
that are not composed entirely of stormwater runoff contribute to
increased nonpoint-source pollution and degradation of receiving waters;
(2)
These nonstormwater discharges occur due to spills,
dumping and improper connections to the municipal separate storm sewer
system from residential, industrial, commercial or institutional establishments;
(3)
These nonstormwater discharges not only impact waterways
individually, but geographically dispersed small volume nonstormwater
discharges can have cumulative impacts on receiving waters;
(4)
The impacts of these discharges adversely affect public
health and safety, drinking water supplies, recreation, fish and other
aquatic life, property values and other uses of lands and waters;
(5)
These impacts can be minimized through the regulation
of spills, dumping and discharges into the municipal separate storm
sewer system; and
(6)
Localities in the State of Wisconsin are required
to comply with a number of state and federal laws, regulations and
permits which require a locality to address the impacts of stormwater
runoff quality and nonpoint-source pollution due to improper nonstormwater
discharges to the municipal separate storm sewer system.
B.
Therefore, the Village Board adopts this article to
prohibit such nonstormwater discharges to the municipal separate storm
sewer system. It is determined that the regulation of spills, improper
dumping and discharges to the municipal separate storm sewer system
is in the public interest and will prevent threats to public health
and safety and the environment.
A.
Purpose and intent. The purpose of this article is
to protect the public health, safety, environment and general welfare
through the regulation of nonstormwater discharges to the municipal
separate storm sewer system to the maximum extent practicable as required
by federal law. This article establishes methods for controlling the
introduction of pollutants into the municipal separate storm sewer
system in order to comply with requirements of the National Pollutant
Discharge Elimination System (NPDES) permit process. The objectives
of this article are to:
(1)
Regulate the contribution of pollutants to the municipal
separate storm sewer system by any person;
(2)
Prohibit illicit discharges and illegal connections
to the municipal separate storm sewer system;
(3)
Prevent nonstormwater discharges, generated as a result
of spills, inappropriate dumping or disposal, to the municipal separate
storm sewer system; and
(4)
To establish legal authority to carry out all inspection,
surveillance, monitoring and enforcement procedures necessary to ensure
compliance with this article.
B.
Applicability. The provisions of this article shall
apply throughout the corporate area of the Village of Superior.
C.
Compatibility with other regulations. This article
is not intended to modify or repeal any other ordinance, rule, regulation
or other provision of law. The requirements of this article are in
addition to the requirements of any other ordinance, rule, regulation
or other provision of law, and where any provision of this article
imposes restrictions different from those imposed by any other ordinance,
rule, regulation or other provision of law, whichever provision is
more restrictive or imposes higher protective standards for human
health or the environment shall control.
D.
Responsibility for administration. The Village Board
or its designated representative shall administer, implement and enforce
the provisions of this article.
As used in this article, the following terms
shall have the meanings indicated:
A discharge prohibited by this article which occurs by chance
and without planning or thought prior to occurrence.
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.), and any subsequent amendments thereto.
Activities subject to the NPDES general construction permits.
These include construction projects resulting in land disturbance.
Such activities include but are not limited to clearing and grubbing,
grading, excavating and demolition.
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 § 315-45 of this article.
Activities 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, municipal 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:
A permit issued by the Wisconsin Department of Natural Resources
under authority delegated pursuant to 33 U.S.C. § 1342(b)
that authorizes the discharge of pollutants to waters of the United
States, whether the permit is applicable on an individual, group or
general areawide basis.
Any discharge to the storm drain system that is not composed
entirely of stormwater.
Except to the extent exempted from this article, any individual,
partnership, firm, association, joint venture, public or private corporation,
trust, estate, commission, board, public or private institution, utility,
cooperative, city, county or other political subdivision of the state,
any interstate body or any other legal entity.
Anything which 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,
so that same 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.
Any and all rivers, streams, creeks, branches, lakes, reservoirs,
ponds, drainage systems, springs, wells and other bodies of surface
and subsurface water, natural or artificial, lying within or forming
a part of the boundaries of the State of Wisconsin, which are not
entirely confined and retained completely upon the property of a single
person.
Any surface flow, runoff and 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.
A.
Prohibition of illicit discharges.
(1)
No person shall throw, drain or otherwise discharge
or cause or allow others under his control to throw, drain or otherwise
discharge into the municipal separate storm sewer system any pollutants
or waters containing any pollutants other than stormwater.
(2)
The following discharges are exempt from the prohibition
provision above:
(a)
Waterline flushing performed by a government
agency, 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, natural
riparian habitat or wetland flows, and any other water source not
containing pollutants.
(b)
Discharges or flows from firefighting and other
discharges specified in writing by the Village Board or its authorized
representative as being necessary to protect public health and safety.
(3)
The
prohibition provision above shall not apply to any nonstormwater discharge
permitted under an NPDES permit or order issued to the discharger
and administered under the authority of the state and the federal
environmental protection agencies, 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 municipal
separate storm sewer system.
B.
Prohibition of illegal connections. The construction,
connection, use, maintenance or continued existence of any illegal
connection to the municipal separate storm sewer system is prohibited.
(1)
This prohibition expressly includes, without limitation,
illegal 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 violates this article if the person connects
a line conveying sewage to the municipal separate storm sewer system
or allows such a connection to continue.
(3)
Improper connections in violation of this article
must be disconnected and redirected, if necessary, to an approved
on-site wastewater management system or the sanitary sewer system
upon approval of the Village Board.
(4)
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 Village Board
or its authorized representative 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 Village Board or its authorized representative.
Any person subject to an industrial or construction
activity NPDES 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 Village Board or its authorized representative
prior to allowing discharges to the municipal separate storm sewer
system.
The Village Board or its authorized representative
shall be permitted to enter and inspect properties and facilities
at reasonable times as often as may be necessary to determine compliance
with this article.
A.
If a property or facility has security measures in
force which require proper identification and clearance before entry
into its premises, the owner or operator shall make the necessary
arrangements to allow access to representatives of the Village Board
or its authorized representative.
B.
The owner or operator shall allow the Village Board
or its authorized representative ready access to all parts of the
premises for the purposes of inspection, sampling, photography, videotaping,
examination and copying of any records that are required under the
conditions of an NPDES permit to discharge stormwater.
C.
The Village Board or its authorized representative
shall have the right to set up on any property or facility such devices
as are necessary in the opinion of the Village Board or its authorized
representative to conduct monitoring and/or sampling of flow discharges.
D.
The Village Board or its authorized representative
may require the owner or operator to install monitoring equipment
and perform monitoring as necessary and make the monitoring data available
to the Village Board or its authorized representative. This sampling
and monitoring equipment shall be maintained at all times in a safe
and proper operating condition by the owner or operator at his/her
own expense. All devices used to measure flow and quality shall be
calibrated to ensure their accuracy.
E.
Any temporary or permanent obstruction to safe and
easy access to the property or facility to be inspected and/or sampled
shall be promptly removed by the owner or operator at the written
or oral request of the Village Board or its authorized representative
and shall not be replaced. The costs of clearing such access shall
be borne by the owner or operator.
F.
Unreasonable delays in allowing the Village Board
or its authorized representative access to a facility is a violation
of this article.
G.
If the Village Board or its authorized representative
has been refused access to any part of the premises from which stormwater
is discharged, and the Village Board or its authorized representative
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, environment and welfare
of the community, then the Village Board or its authorized representative
may seek issuance of a search warrant from any court of competent
jurisdiction.
A.
Notwithstanding other requirements of law, as soon
as any person responsible for a facility, activity or operation, or
responsible for emergency response for a facility, activity or operation,
has information of any known or suspected release of pollutants or
nonstormwater discharges from that facility or operation which are
resulting or may result in illicit discharges or pollutants discharging
into stormwater, the municipal separate storm sewer system, state
waters, or waters of the United States, said person shall take all
necessary steps to ensure the discovery, containment and cleanup of
such release so as to minimize the effects of the discharge.
B.
Said person shall notify the authorized enforcement
agency in person or by phone, facsimile or in person no later than
24 hours after the discharge of the nature, quantity and time of occurrence
of the discharge. Notifications in person or by phone shall be confirmed
by written notice addressed and mailed to the Village Board or its
authorized representative within three business days of the phone
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 there is no recurrence of
the discharge or spill.
C.
In the event of such a release of hazardous materials,
emergency response agencies and/or other appropriate agencies shall
be immediately notified.
D.
Failure to provide notification of a release as provided
above is a violation of this article.
A.
Violations.
(1)
It shall be unlawful for any person to violate any
provision or fail to comply with any of the requirements of this article.
Any person who has violated or continues to violate the provisions
of this article may be subject to the enforcement actions outlined
in this section or may be restrained by injunction or otherwise abated
in a manner provided by law.
(2)
In the event the violation constitutes an immediate danger to public health or public safety, the Village Board or its authorized representative is authorized to enter upon the subject private property, without giving prior notice, to take any and all measures necessary to abate the violation and/or restore the property. The Village Board or its authorized representative is authorized to seek costs of the abatement as outlined in Subsection E.
B.
Notice of violation. Whenever the Village Board or
its authorized representative finds that a violation of this article
has occurred, the Village Board or its authorized representative may
order compliance by written notice of violation.
(1)
The notice of violation shall contain:
(a)
The name and address of the alleged violator;
(b)
The address, when available, or a description
of the building, structure or land upon which the violation is occurring
or has occurred;
(c)
A statement specifying the nature of the violation;
(d)
A description of the remedial measures necessary
to restore compliance with this article and a time schedule for the
completion of such remedial action;
(e)
A statement of the penalty or penalties that
shall or may be assessed against the person to whom the notice of
violation is directed; and
(f)
A statement that the determination of violation
may be appealed to the Village Board or its authorized representative
by filing a written notice of appeal within 30 days of service of
notice of violation.
(2)
Such notice may require, without limitation:
(a)
The performance of monitoring, analyses and
reporting;
(b)
The elimination of illicit discharges and illegal
connections;
(c)
That violating discharges, practices or operations
shall cease and desist;
(d)
The abatement or remediation of stormwater pollution
or contamination hazards and the restoration of any affected property;
(e)
Payment of costs to cover administrative and
abatement costs; and
(f)
The implementation of pollution prevention practices.
C.
Appeal of notice of violation. Any person receiving
a notice of violation may appeal the determination of the Village
Board or its authorized representative. The notice of appeal must
be received within 30 days from the date of the notice of violation.
Hearing on the appeal before the Village Board or its designee shall
take place within 15 days from the date of receipt of the notice of
appeal. The decision of the appropriate authority or its designee
shall be final.
D.
Enforcement 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 10 days of
the decision of the appropriate authority upholding the decision of
the Village Board, then representatives of the Village Board may 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 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.
E.
Costs of abatement of the violation.
(1)
Within 30 days after abatement of the violation, the
owner of the property will be notified of the cost of abatement, including
administrative costs. The property owner may file a written protest
objecting to the assessment or to the amount of the assessment within
10 days of receipt of such notice. If the amount due is not paid within
30 days after receipt of the notice or, if an appeal is taken, within
30 days after a decision on said appeal, the charges shall become
a special assessment against the property and shall constitute a lien
on the property for the amount of the assessment.
(2)
Any person violating any of the provisions of this
article shall become liable to the Village Board by reason of such
violation.
F.
Civil penalties. In the event the alleged violator
fails to take the remedial measures set forth in the notice of violation
or otherwise fails to cure the violations described therein within
10 days or such greater period as the Village Board shall deem appropriate,
after the Village Board has taken one or more of the actions described
above, the Village Board may impose a penalty not to exceed $1,000
(depending on the severity of the violation) for each day the violation
remains unremedied after receipt of the notice of violation.
G.
Criminal penalties. For intentional and flagrant violations of this article, the Village Board or its designated representative may issue a citation to the alleged violator requiring such person to appear in Douglas County Circuit Court to answer charges for such violation. Upon conviction, such person shall be subject to a penalty as provided in Chapter 1, § 1-4, General penalty, of this Code. Each act of violation and each day upon which any violation shall occur shall constitute a separate offense.[1]
H.
Violations deemed a public nuisance. 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, welfare and environment
and is declared and deemed a nuisance and may be abated by injunctive
or other equitable relief as provided by law.
I.
Remedies not exclusive.
(1)
The remedies listed in this article are not exclusive
of any other remedies available under any applicable federal, state
or local law, and the Village Board may seek cumulative remedies.
(2)
The Village Board may recover attorney's fees, court
costs, and other expenses associated with enforcement of this article,
including sampling and monitoring expenses.