[HISTORY: Adopted by the Village Board of the Village of
Sherwood 3-24-2008 by Ord. No. 08-97. Amendments noted where applicable.]
The purpose of this chapter is to provide for the health, safety,
environment and general welfare of the citizens of the Village of
Sherwood through the regulation of nonstormwater discharges into waters
of the state or the municipal separate storm sewer system (MS4) to
reduce pollutants to the maximum extent practicable as required by
federal and state law. This chapter establishes methods for controlling
the introduction of pollutants into waters of the state or the MS4
in order to comply with requirements of the Wisconsin Pollutant Discharge
Elimination System (WPDES) permit process. The objectives of this
chapter are to:
A.
Regulate the contribution of pollutants into waters of the state
or the MS4 by stormwater discharges by any user.
B.
Prohibit illicit connections and discharges into waters of the state
or the MS4.
C.
Establish legal authority to carry out all inspection, surveillance,
monitoring, and enforcement procedures necessary to ensure compliance
with this chapter.
For the purposes of this chapter, the following shall mean:
Employees or designees of the Village Administrator of the
Village of Sherwood are designated to administer and enforce this
chapter.
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.
Stormwater that comes into contact with material handling
equipment or activities, raw materials, intermediate products, final
products, waste materials, by-products or industrial machinery in
the source areas listed in Ch. NR 216, Wis. Adm. Code.
The Wisconsin Department of Natural Resources.
As defined in Ch. 283, Wis. Stats.; when used without qualification,
includes a discharge of any pollutant.
As defined in Ch. 283, Wis. Stats., means any addition of
any pollutant to the waters of this state from any point source.
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 drain or conveyance, whether on the surface or subsurface,
that allows an illicit discharge to enter waters of the state or the
MS4, including but not limited to any conveyances that allow any nonstormwater
discharge including sewage, process wastewater, and wash water to
enter waters of the state or the MS4 and any connections to waters
of the state or the MS4 from indoor drains and sinks, regardless of
whether said drain or connection had been previously allowed, permitted,
or approved by an authorized enforcement agency; or
Any drain or conveyance connected from a commercial or industrial
land use to waters of the state or the MS4 which has not been documented
in plans, maps, or equivalent records and approved by an authorized
enforcement agency.
Any discharge into waters of the state or a municipal separate
storm sewer system that is not composed entirely of stormwater. Nonstormwater
discharges that are not considered illicit discharges include waterline
flushing, landscape irrigation, diverted stream flows, uncontaminated
groundwater infiltration, uncontaminated pumped groundwater, discharges
from potable water sources, foundation drains, air-conditioning condensation,
irrigation water, lawn watering, individual residential car washing,
flows from riparian habitats and wetlands, firefighting, and discharges
authorized under a WPDES permit unless identified by the Village Administrator
as a significant source of pollutants to waters of the state.
Activities subject to WPDES industrial permits per Ch. NR
216, Wis. Adm. Code, and Ch. 283, Wis. Stats.
A level of implementing management practices in order to
achieve a performance standard or other goal which takes into account
the best available technology, cost effectiveness and other competing
issues such as human safety and welfare, endangered and threatened
resources, historic properties and geographic features.
Any city, town, village, county, county utility district,
town sanitary district, town utility district, school district or
metropolitan sewage district or any other public entity created pursuant
to law and having authority to collect, treat or dispose of sewage,
industrial wastes, stormwater or other wastes.
As defined in Ch. NR 216, Wis. Adm. Code, means a conveyance
or system of conveyances, including roads with drainage systems, municipal
streets, catch basins, curbs, gutters, ditches, constructed channels
or storm drains, which meets all the following criteria:
Any discharge to the MS4 that is not composed entirely of
stormwater.
The point at which stormwater is discharged to waters of
the state or to a storm sewer.
Any person holding fee title, an easement or other interest
in property.
An individual, owner, operator, corporation, partnership,
association, municipality, interstate agency, state agency or federal
agency.
As defined in Ch. 283, Wis. Stats., means any dredged spoil,
solid waste, incinerator residue, sewage, garbage, refuse, oil, sewage
sludge, munitions, chemical wastes, biological materials, radioactive
substance, heat, wrecked or discarded equipment, rock, sand, cellar
dirt and industrial, municipal and agricultural waste discharged into
water.
As defined in Ch. 283, Wis. Stats., means any man-made or
man-induced alteration of the chemical, physical, biological or radiological
integrity of water.
Taking measures to eliminate or reduce pollution.
Any building, lot, parcel of land, or portion of land, whether
improved or unimproved, including adjacent sidewalks and parking strips.
Runoff from precipitation, including rain, snow, ice melt
or similar water, that moves on the land surface via sheet or channelized
flow.
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 waters of the state or
the MS4 to the maximum extent practicable.
Any water or other liquid, other than uncontaminated stormwater,
discharged from a facility.
A natural or artificial channel through which water flows.
These channels include all blue and dashed blue lines on the USGS
quadrangle maps, all channels shown on the soils maps in the NRCS
soils book for Calumet County, all channels identified on the site,
and new channels that are created as part of a development. The term
"watercourse" includes waters of the state as herein defined.
As defined in Ch. 283, Wis. Stats., means those portions
of Lake Michigan and Lake Superior within the boundaries of Wisconsin,
all lakes, bays, rivers, streams, springs, ponds, wells, impounding
reservoirs, marshes, watercourses, drainage systems and other surface
water or groundwater, natural or artificial, public or private, within
the state or under its jurisdiction, except those waters which are
entirely confined and retained completely upon the property of a person.
A Wisconsin pollutant discharge elimination system permit
issued pursuant to Ch. 283, Wis. Stats.
This chapter shall apply to all water and discharges entering
waters of the state or the MS4 generated on any lands, unless explicitly
exempted by the Village Administrator.
The Village Administrator shall administer, implement, and enforce
the provisions of this chapter. Any powers granted or duties imposed
upon the Village Administrator may be delegated in writing by the
Village Administrator to persons or entities acting in the beneficial
interest of or in the employ of the authorized enforcement agency.
This chapter is not intended to modify or repeal any other ordinance,
rule, regulation, or other provision of law. The requirements of this
chapter are in addition to the requirements of any other ordinance,
rule, regulation, or other provision of law, and where any provision
of this chapter 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.
The standards set forth herein and promulgated pursuant to this
chapter are minimum standards; therefore, this chapter does not intend
or imply that compliance by any person will ensure that there will
be no contamination, pollution, or unauthorized discharge of pollutants.
A.
Prohibition of illicit discharges. No person shall throw, dump, spill,
drain, or otherwise discharge, cause, or allow others under its control
to throw, dump, spill, drain, or otherwise discharge into waters of
the state or the MS4 any pollutants or waters containing any pollutants,
other than stormwater.
B.
Allowed discharges.
(1)
The following discharges are allowed:
(a)
Waterline
flushing, landscape irrigation, diverted stream flows, uncontaminated
groundwater infiltration, uncontaminated pumped groundwater, discharges
from potable water sources, foundation drains, air-conditioning condensation,
irrigation water, lawn watering, individual residential car washing,
flows from riparian habitats and wetlands, and discharges authorized
under a WPDES permit, unless identified by the Village Administrator
as a significant source of pollutants to waters of the state.
(b)
Discharges
or flow from firefighting and other discharges specified in writing
by the Village Administrator as being necessary to protect public
health and safety.
(c)
Discharges
associated with dye testing; however, this activity requires a verbal
notification to the Village Administrator and the Department of Natural
Resources a minimum of one business day prior to the time of the test.
(2)
Any nonstormwater discharges permitted under a construction activity
permit, industrial activity permit, or WPDES 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 Administrator
prior to allowing discharges to waters of the state or the MS4.
C.
Prohibition of illicit connections.
(1)
The construction, use, maintenance or continued existence of illicit
connections to waters of the state or the MS4 is prohibited.
(2)
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.
(3)
A person is considered to be in violation of this chapter if the
person connects a line conveying sewage to waters of the state or
the MS4, or allows such a connection to continue.
(4)
Improper connections in violation of this chapter 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 Administrator.
(5)
Any drain or conveyance that has not been documented in plans, maps
or equivalent, and which may be connected to waters of the state or
the MS4, shall be located by the owner or occupant of that property
upon receipt of written notice of violation from the Village Administrator
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 determined, 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 Administrator.
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 soil erosion, trash, debris,
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.
A.
Right of entry; inspecting and sampling. The Village Administrator
shall be permitted to enter and inspect properties and facilities
subject to regulation under this chapter as often as may be necessary
to determine compliance with this chapter.
(1)
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 Administrator.
(2)
Facility owners and operators shall allow the Village Administrator
ready access to all parts of the premises for the purposes of inspection,
sampling, examination and copying of records.
(3)
The Village Administrator may set up on any property or facility
such devices as are necessary in the opinion of the Village Administrator
to conduct monitoring and/or sampling of the facility's stormwater
discharge.
(4)
The Village Administrator may require the owner or operator to install
monitoring equipment as necessary and make the monitoring data available
to the Village Administrator. 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 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 Administrator and shall not be replaced. The costs of
clearing such access shall be borne by the owner or operator.
(6)
Unreasonable delays in allowing the Village Administrator access
to a facility are a violation of this chapter. A person who is the
operator of a facility commits an offense if the person denies the
Village Administrator reasonable access to the facility for the purpose
of conducting any activity authorized or required by this chapter.
B.
Special inspection warrant. If the Village Administrator has been
refused access to any part of the premises from which stormwater is
discharged, and the Village Administrator has probable cause to believe
that there may be 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, then the Village
Administrator may seek issuance of a special inspection warrant per
§ 66.0119, Wis. Stats., and this chapter.
The owner or operator of any activity, operation, or facility
which may cause or contribute to pollution or contamination of stormwater
shall provide, at its own expense, reasonable protection from accidental
discharge of prohibited materials or other wastes into waters of the
state or the MS4 through the use of structural and nonstructural BMPs.
Further, any person responsible for a property or premises that 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 waters of the
state or the MS4. Compliance with all terms and conditions of a valid
permit authorizing the discharge of stormwater associated with industrial
activity or construction activity, to the maximum extent practicable,
shall be deemed compliance with the provisions of this section.
A.
Notwithstanding other requirements of law, as soon as 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 illicit discharges or pollutants discharging into stormwater, the
MS4, or waters of the state, said person shall take all necessary
steps to ensure the discovery, containment, and cleanup of such release,
so as to minimize the impacts of the discharge.
B.
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 and shall also notify the Village
Administrator. In the event of a release of nonhazardous materials,
said person shall notify the Village Administrator in person or by
phone or facsimile no later than the next business day. Notifications
in person or by phone shall be confirmed by written notice addressed
and mailed to the Village Administrator 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 five years.
C.
Failure to provide notification of a release as provided above is
a violation of this chapter.
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 chapter. Any person
who has violated or continues to violate the provisions of this chapter
may be subject to the enforcement actions outlined in this section,
or the violation may be restrained by injunction or otherwise abated
in a manner provided by law.[1]
(2)
In the event the violation constitutes an immediate danger to public health or public safety, the Village Administrator is authorized to enter upon the subject private property, without giving prior notice, to take any and all measures necessary to abate the violation. The Village Administrator is authorized to seek costs of the abatement as outlined in § 17-17.
B.
Warning notice. When the Village Administrator finds that any person
has violated, or continues to violate, any provision of this chapter,
or any order issued hereunder, the Village Administrator may serve
upon that person a verbal or written warning notice specifying the
particular violation believed to have occurred and requesting the
discharger to immediately investigate the matter and to seek a resolution
whereby any offending discharge will cease. Investigation and/or resolution
of the matter in response to the warning notice in no way relieves
the alleged violator of liability for any violations occurring before
or after receipt of the warning notice. Nothing in this subsection
shall limit the authority of the Village Administrator to take action,
including emergency action or any other enforcement action, without
first issuing a warning notice.
C.
Notice of violation.
(1)
Whenever the Village Administrator finds that a person has violated
a prohibition or failed to meet a requirement of this chapter, the
Village Administrator may order compliance by written notice of violation
to the responsible person.
(2)
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 chapter 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;
(f)
A statement that the determination of violation may be appealed
to the Village Administrator by filing a written notice of appeal
within three business days of service of notice of violation; and
(g)
A statement specifying that, should the violator fail to restore compliance within the established time schedule, representatives of the Village Administrator may issue a notice of intent to the responsible party of their intent to perform work necessary to comply with this chapter. The Village Administrator may go on the land and commence the work after issuing the notice of intent. The Village Administrator is authorized to seek costs of the abatement as outlined in § 17-17.
(3)
Such notice may require without limitation:
(a)
The performance of monitoring, analyses, and reporting;
(b)
The elimination of illicit connections or discharges;
(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 a fine to cover administrative and remediation costs;
and
(f)
The implementation of BMPs.
A.
Emergency cease and desist orders.
(1)
When the Village Administrator finds that any person has violated,
or continues to violate, any provision of this chapter, or any order
issued hereunder, or that the person's past violations are likely
to recur, and that the person's violation(s) has (have) caused or
contributed to an actual or threatened discharge to the MS4 or waters
of the state which reasonably appears to present an imminent or substantial
endangerment to the health or welfare of persons or to the environment,
the Village Administrator may issue an order to the violator directing
it immediately to cease and desist all such violations and directing
the violator to:
(2)
Any person notified of an emergency order directed to it under this
subsection shall immediately comply and stop or eliminate its endangering
discharge. In the event of a discharger's failure to immediately comply
voluntarily with the emergency order, the Village Administrator may
take such steps as deemed necessary to prevent or minimize harm to
the MS4 or waters of the state, and/or endangerment to persons or
to the environment, including immediate termination of a facility's
water supply, sewer connection, or other municipal utility services.
The Village Administrator may allow the person to recommence its discharge
when it has demonstrated to the satisfaction of the Village Administrator
that the period of endangerment has passed, unless further termination
proceedings are initiated against the discharger under this chapter.
A person that is responsible, in whole or in part, for any discharge
presenting imminent endangerment shall submit a detailed written statement,
describing the causes of the harmful discharge and the measures taken
to prevent any future occurrence, to the Village Administrator within
30 days of receipt of the emergency order. Issuance of an emergency
order shall not be a bar against, or a prerequisite for, taking any
other action against the violator.[1]
B.
Suspension due to illicit discharges in emergency situations. The
Village Administrator 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 state. If the violator
fails to comply with a suspension order issued in an emergency, the
Village Administrator may take such steps as deemed necessary to prevent
or minimize damage to the MS4 or waters of the state, or to minimize
danger to persons.
C.
Suspension due to the detection of illicit discharge. Any person
discharging to the MS4 in violation of this chapter may have its MS4
access terminated if such termination would abate or reduce an illicit
discharge. The Village Administrator will notify a violator of the
proposed termination of its MS4 access. A person commits an offense
if the person reinstates MS4 access to premises terminated pursuant
to this section, without the prior approval of the Village Administrator.
A.
B.
Compliance with the provisions of this chapter may also be enforced
by injunction in any court with jurisdiction. It shall not be necessary
to prosecute for forfeiture or a cease and desist order before resorting
to injunctional proceedings.
A.
The Village Board:[1]
(1)
Shall hear and decide appeals where it is alleged that there is error in any order, decision or determination made by the Village Administrator in administering this chapter, except for cease and desist orders obtained under § 17-13.
(2)
Upon appeal, may authorize variances from the provisions of this
chapter which are not contrary to the public interest and where, owing
to special conditions, a literal enforcement of the provisions of
this chapter will result in unnecessary hardship.
B.
Who may appeal. Appeals to the Village Board may be taken by any
aggrieved person or by any office, department, board, or bureau of
the Village of Sherwood affected by any decision of the Village Administrator.
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, the appropriate authority upheld the decision of the Village Administrator, then representatives of the Village Administrator may issue a notice of intent to the responsible party of their intent to perform work necessary to comply with this chapter. The Village Administrator may go on the land and commence the work after issuing the notice of intent. The Village Administrator is authorized to seek costs of abatement as outlined in § 17-17. 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.
The costs of the work performed by the Village Administrator
pursuant to this chapter, plus interest at the rate authorized by
the Village Administrator, shall be billed to the responsible party.
In the event a responsible party fails to pay the amount due, the
Clerk-Treasurer shall enter the amount due on the tax rolls and collect
it as a special assessment against the property pursuant to Subchapter
VII of Ch. 66, Wis. Stats.
Any condition in violation of any of the provisions of this
chapter and declared and deemed a nuisance may be summarily abated
or restored at the violator's expense.
A.
The remedies listed in this chapter are not exclusive of any other
remedies available under any applicable federal, state or local law,
and it is within the discretion of the Village Administrator to seek
cumulative remedies.
B.
The Village Administrator may recover all attorneys' fees, court
costs and other expenses associated with enforcement of this chapter,
including sampling and monitoring expenses.
