[HISTORY: Adopted by the Village Board of the Village of Pleasant Prairie as indicated in article histories. Amendments noted where applicable.]
Article I Illicit Discharges and Connections
[Adopted 5-18-2009 by Ord. No. 09-28; amended in its entirety 3-17-2014 by Ord. No. 14-01]
Editor's Note: This ordinance was originally adopted as Chapter 299 but was renumbered to maintain the organizational structure of the Code.
Definitions. The following definitions shall be applicable to this article:
- ILLICIT CONNECTION
- Any 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 and any connections to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection had been allowed, permitted, or approved by a governmental agency, prior to adoption of this article.
- 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 discharge 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.
- Any individual, association, organization, partnership, firm, corporation or other entity recognized by law and acting as either the owner or as the owner's agent.
- STORM DRAINAGE SYSTEM
- Publicly owned facilities by which stormwater is collected and/or conveyed, including but not limited to any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human-made or altered drainage channels, reservoirs, and other drainage structures.
- STORMWATER POLLUTION PREVENTION PLAN (SWPPP)
- A document which describes the best management practices and activities to be implemented by a person to identify sources of pollution or contamination at a site and the actions to eliminate or reduce pollutant discharges to storm drainage systems and/or receiving waters to the maximum extent practicable.
- WPDES PERMIT
- A permit issued under Ch. 283, Wis. Stats.
Prohibition of illicit connections. The construction, use, maintenance or continued existence of illicit connections to the storm drainage system is prohibited.
Prohibition of illicit discharges.
The commencement, conduct or continuance of any illicit discharge to the storm drainage system is prohibited.
No person shall discharge or cause to be discharged into the storm drainage system or watercourses any nonstormwater materials, including but not limited to pollutants or waters containing any pollutants that cause or contribute to a violation of applicable water quality standards.
Exemptions. The following activities are exempt from the prohibition provisions of this article unless otherwise found to have an adverse impact on the stormwater:
Discharges authorized by a permit issued by the Wisconsin Department of Natural Resources (DNR).
Discharges resulting from firefighting or controlled burn activities.
Discharges in compliance with the Village's construction site erosion controls or stormwater management regulations.
Facility maintenance activities undertaken by any federal, state, county, or municipal agency, such activities, however, being subject to construction site erosion control and/or adopted facility stormwater pollution prevention plan(s).
Dye testing if it has been authorized by the Village or DNR.
The Village shall be permitted to enter and inspect facilities subject to regulation under this article as often as may be necessary to determine compliance with this article.
Facility operators shall allow the Village ready access to all parts of the premises for the purposes of inspection, sampling, examination and copying of records that must be kept under the conditions of a WPDES permit to discharge stormwater and the performance of any duties defined by state and federal law.
The Village has the right to set up on any permitted facility such devices as are necessary to conduct monitoring and/or sampling of the facility's stormwater discharge or to require the discharger to install monitoring equipment as necessary.
Notwithstanding any other requirements of law, as soon as any person responsible for a facility or operation has information of any known or suspected release of materials which are resulting or may result in an illicit discharge or pollutants discharging into stormwater or the storm drainage system or water of the state, such person shall immediately report the release to the Village. In the event of a release of hazardous substances, such person shall also notify the DNR in accordance with § 292.11, Wis. Stats.
Whenever the Village finds a person has violated a prohibition or failed to meet the requirements of this article, the Village may order compliance by written notice of violation to the responsible person. Such notice may require, without limitation:
In the event the person fails to eliminate the illicit connections or illicit discharge, fails to cease and desist discharges, practices or operations in violation of this article or fails to abate or remediate the stormwater pollution or contamination hazards, the person may be subject to a penalty as provided by Chapter 1, § 1-4, of this Code. Each day that the violation exists shall constitute a separate offense.
In the event that an illicit discharge is identified and emergency cleanup action is undertaken by the Village, DNR, or other authority having jurisdiction, the person may be subject to all associated cleanup costs incurred.
If the person responsible fails to cease, desist, and abate the illicit discharge, the Village may take such action itself and seek reimbursement in Village Municipal Court or Kenosha County Circuit Court or via special assessment or special charges under § 66.0627, Wis. Stats., as may be amended from time to time.
Compliance with the provisions of this article 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 injunction proceedings, as authorized pursuant to § 61.35, Wis. Stats.