[HISTORY: Adopted by the Town Board of the Town of Ledgeview 12-16-2008 by Ord. No. 2008-023. Amendments noted where applicable.]
The purpose of this chapter is to provide for the health, safety, and general welfare of the citizens of the Town of Ledgeview through the regulation of nonstormwater discharges to the municipal separate storm sewer system ("system") to the maximum extent practicable as required by federal and state law. This chapter establishes methods for controlling the introduction of pollutants into the system in order to comply with requirements of the Wisconsin Pollutant Discharge Elimination system (WPDES) permit process. The objectives of this chapter are:
To regulate the contribution of pollutants to the system by stormwater discharges by any user.
To prohibit illicit connections and discharges to the system.
To 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:
- AUTHORIZED ENFORCEMENT AGENCY
- Employees or designees of the director of the municipal agency designated to enforce this chapter.
- BEST MANAGEMENT PRACTICES (BMPs)
- 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.
- CONTAMINATED STORMWATER
- 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 (effective August 1, 2004), as may be amended from time to time.
- DEPARTMENT (DNR)
- The Wisconsin Department of Natural Resources.
- As defined in Ch. 283, Wis. Stats. (November 1, 2005), as may be amended from time to time, when used without qualification, includes a discharge of any pollutant.
- DISCHARGE OF POLLUTANT or DISCHARGE OF POLLUTANTS
- As defined in Ch. 283, Wis. Stats., (November 1, 2005), as may be amended from time to time, any addition of any pollutant to the waters of this state from any point source.
- HAZARDOUS MATERIALS
- 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.
- ILLICIT CONNECTION
- Either of the following:
- A. Any drain or conveyance, whether on the surface or subsurface, that allows an illicit discharge to enter the system, including but not limited to any conveyances that allow any nonstormwater discharge including sewage, process wastewater, and wash water to enter the system, and any connections to the system 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
- B. Any drain or conveyance connected from a commercial or industrial land use to the system which has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agency.
- ILLICIT DISCHARGE
- Any discharge to a municipal separate storm sewer system that is not composed entirely of stormwater, except discharges authorized by a WPDES permit or other discharges not requiring a WPDES permit such as landscape irrigation, individual residential car washing, firefighting, diverted stream flows, uncontaminated groundwater infiltration, uncontaminated pumped groundwater, discharges from potable water sources, foundation drains, air-conditioning condensation, irrigation water, lawn watering, flows from riparian habitats and wetlands, and similar discharges.
- INDUSTRIAL ACTIVITY
- Activities subject to WPDES industrial permits per Ch. NR 216, Wis. Adm. Code (effective August 1, 2004), and Chapter 283, Wis. Stats., (November 1, 2005).
- 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.
- MUNICIPAL SEPARATE STORM SEWER SYSTEM (SYSTEM)
- As defined in Ch. NR 216, Wis. Adm. Code (effective August 1, 2004), 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:
- NONSTORMWATER DISCHARGE
- Any discharge to the system 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. (November 1, 2005), 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. (November 1, 2005), any man-made or man-induced alteration of the chemical, physical, biological or radiological integrity of water.
- POLLUTION PREVENTION
- 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.
- STORMWATER MANAGEMENT PLAN/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.
- 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 United States Geological Service (USGS) quadrangle maps, all channels shown on the soils maps in the National Resources Conservation Service (NRCS) soils book for Brown 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.
- WATERS OF THE STATE
- As defined in Ch. 283, Wis. Stats. (November 1, 2005), 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.
- WISCONSIN POLLUTANT DISCHARGE ELIMINATION SYSTEM (WPDES) STORMWATER DISCHARGE PERMIT
- A Wisconsin pollutant discharge elimination system permit issued pursuant to Ch. 283, Wis. Stats. (November 1, 2005).
This chapter shall apply to all water entering the system generated on any lands unless explicitly exempted by an authorized enforcement agency.
The Zoning Administrator and/or designee shall administer, implement, and enforce the provisions of this chapter. Any powers granted or duties imposed upon the Town of Ledgeview may be delegated in writing by the Zoning Administrator of the Town to persons or entities acting in the beneficial interest of or in the employ of the agency. As used in this chapter, use of the term "Zoning Administrator" shall also be deemed to include those designated in writing by the Administrator as his/her designees.
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 provisions of this chapter are hereby declared to be severable. If any provision, clause, sentence, or paragraph of this chapter or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this chapter.
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.
Prohibition of illicit discharges. No person shall throw, drain, or otherwise discharge, cause, or allow others under its control to throw, drain, or otherwise discharge into the system any pollutants or waters containing any pollutants, other than stormwater.
Water line flushing, landscape irrigation, diverted stream flows, rising groundwaters, uncontaminated pumped groundwater, discharges from potable water sources, foundation drains, air-conditioning condensation, irrigation water, springs, water from crawl space pumps, footing drains, lawn watering, individual residential car washing, flows from riparian habitats and wetlands, dechlorinated swimming pool discharges, and street wash water.
Discharges or flow from firefighting and other discharges specified in writing by the Zoning Administrator as being necessary to protect public health and safety.
Discharges associated with dye testing; however, this activity requires a verbal notification to the Zoning Administrator and the Department of Natural Resources a minimum of one day prior to the time of the test.
Any nonstormwater discharge permitted under a WPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the Wisconsin Department of Natural Resources. Any person subject to such a WPDES stormwater discharge permit shall comply with all provisions of such permit.
Prohibition of illicit connections.
The construction, use, maintenance or continued existence of illicit connections to the system is prohibited.
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.
A person is considered to be in violation of this chapter if the person connects a line conveying sewage to the system or allows such a connection to continue.
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 Zoning Administrator.
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 Zoning 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 Zoning 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 trash, debris, excessive vegetation, 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.
Right of entry: inspecting and sampling. The Zoning Administrator shall be permitted to enter and inspect facilities subject to regulation under this chapter as often as may be necessary to determine compliance with this chapter.
If a discharger has security measures in force which require proper identification and clearance before entry into its premises, the discharger shall make the necessary arrangements to allow access to representatives of the Town of Ledgeview.
Facility operators shall allow the Zoning Administrator ready access to all parts of the premises for the purposes of inspection, sampling, examination and copying of records.
The Zoning Administrator shall have the right to set up on any facility such devices as are necessary in the opinion of the Zoning Administrator to conduct monitoring and/or sampling of the facility's stormwater discharge.
The Zoning Administrator has the right to require the discharger to install monitoring equipment as necessary. 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.
Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the operator at the written or oral request of the Zoning Administrator and shall not be replaced. The costs of clearing such access shall be borne by the operator.
Unreasonable delays in allowing the Zoning Administrator access to a facility is a violation. A person who is the operator of a facility commits an offense if the person denies the Zoning Administrator reasonable access to the facility for the purpose of conducting any activity authorized or required by this chapter.
Special inspection warrant. If the Zoning Administrator has been refused access to any part of the premises from which stormwater is discharged and he/she is able to demonstrate 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, and welfare of the community, then the Zoning Administrator may seek issuance of a special inspection warrant per § 66.0119, Wis. Stats.
The owner or operator of any activity, operation, or facility which may cause or contribute to pollution or contamination of stormwater, the system, or waters of the state shall provide, at its own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the municipal system or watercourses through the use of these 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 the system. 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 compliance with the provisions of this section. These BMPs shall be part of a stormwater management plan/stormwater pollution prevention plan as necessary for compliance.
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 system, or waters of the state, said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. 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. In the event of a release of nonhazardous materials, said person shall notify the Zoning 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 Town of Ledgeview within 10 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.
Failure to provide notification of a release as provided above is a violation of this chapter.
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 may be restrained by injunction or otherwise abated in a manner provided by law.
In the event the violation constitutes an immediate danger to public health or public safety, the Zoning 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 Town of Ledgeview is authorized to seek costs of the abatement as outlined in § 91-16.
Warning notice. When the Zoning Administrator finds that any person has violated, or continues to violate, any provision of this chapter or any order issued hereunder, the Town of Ledgeview may serve upon that person a 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 the subsection shall limit the authority of the Town of Ledgeview to take action, including emergency action or any other enforcement action, without first issuing a warning notice.
Notice of violation. Whenever the Zoning Administrator finds that a person has violated a prohibition or failed to meet a requirement of this chapter, the Town of Ledgeview may order compliance by written notice of violation to the responsible person.
The notice of violation shall contain:
The name and address of the alleged violator;
The address, when available, or a description of the building, structure or land upon which the violation is occurring or has occurred;
A statement specifying the nature of the violation;
A description of the remedial measures necessary to restore compliance with this chapter, and a time schedule for the completion of such remedial action;
A statement of the penalty or penalties that shall or may be assessed against the person to whom the notice of violation is directed;
A statement that the determination of violation may be appealed to the Town of Ledgeview by filing a written notice of appeal within three days of service of notice of violation; and
A statement specifying that should the violator fail to restore compliance within the established time schedule, the work will be done by a designated governmental agency or contractor and the expense thereof shall be charged to the violator.
Such notice may require, without limitation:
The performance of monitoring, analyses, and reporting;
The elimination of illicit connections or discharges;
That violating discharges, practices, or operations shall cease and desist;
The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property;
Payment of a fine to cover administrative and remediation costs; and
The implementation of BMPs.
Suspension of system access.
Emergency cease and desist orders.
When the Zoning 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 system or waters of the United States which reasonably appears to present an imminent or substantial endangerment to the health or welfare of persons or to the environment, the Town of Ledgeview may issue an order to the violator directing it immediately to cease and desist all such violations and directing the violator to:
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 Zoning Administrator may take such steps as deemed necessary to prevent or minimize harm to the system or waters of the United States 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 Zoning Administrator may allow the person to recommence its discharge when it has demonstrated to the satisfaction of the Town of Ledgeview 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 Town of Ledgeview within 14 days of receipt of the prerequisite for, taking any other action against the violator.
Suspension due to illicit discharges in emergency situations. The Zoning Administrator may, without prior notice, suspend system 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, to the health or welfare of persons, or to the system or waters of the state. If the violator fails to comply with a suspension order issued in an emergency, the Town of Ledgeview may take such steps as deemed necessary to prevent or minimize damage to the system or waters of the United States or to minimize danger to persons.
Suspension due to the detection of illicit discharge. Any person discharging to the system in violation of this chapter may have its system access terminated if such termination would abate or reduce an illicit discharge. The Zoning Administrator will notify a violator of the proposed termination of its system access. The violator may petition the Town of Ledgeview for a reconsideration and hearing.
Prosecution and penalties. Any person that has violated or continues to violate this chapter shall be liable to prosecution to the fullest extent of the law. 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 the set time period specified by the Town of Ledgeview, after the Zoning Administrator has taken one or more of the actions described above, the Zoning Administrator may impose a penalty not to exceed $1,000 (depending on the severity of the violation) for each day the violation remains unremitted after receipt of the notice of violation.
Any person receiving a notice of violation may appeal the determination of the Town of Ledgeview. The notice of appeal must be received by the Town of Ledgeview within three days from the date of the notice of violation. Hearing on the appeal before the Zoning Board of Appeals shall take place within 30 days from the date of receipt of the notice of 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, the Zoning Board of Appeals upheld the decision of the Town of Ledgeview, then representatives of the Town of Ledgeview are authorized to enter upon the subject private property and authorized to take any and all measures necessary to abate the violation. 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.
Within seven days after abatement of the violation, the owner of the property will be notified of the cost of abatement, including administrative costs. If the amount due is not paid by the date determined by the municipal authority, the charges shall become a special charge against the property and shall constitute a lien on the property.
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.
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 Town of Ledgeview to seek cumulative remedies.
The Town of Ledgeview may recover all attorneys' fees, court costs and other expenses associated with enforcement of this chapter, including sampling and monitoring expenses.
This chapter shall be in full force and effect five days after its final passage and adoption. All prior ordinances and parts of ordinances in conflict with this ordinance are hereby repealed.