[Adopted 7-28-2009]
The purpose of this article is to provide for the health, safety,
and general welfare of the citizens of the Village of Elm Grove through
the regulation of nonstormwater discharges to the storm drainage system
to the maximum extent practicable as required by federal and state
law. This article establishes methods for controlling the introduction
of pollutants into the municipal separate storm sewer system (MS4)
in order to comply with requirements of the National Pollutant Discharge
Elimination System (NPDES) permit process. The objectives of this
article are:
A.
To regulate the contribution of pollutants to the MS4 by stormwater
discharges by any user.
B.
To prohibit illicit connections and Discharges to the municipal separate
storm sewer system.
C.
To delegate authority to carry out all inspection, surveillance and
monitoring procedures necessary to ensure compliance with this article.
As used in this article, the following terms shall have the
meanings indicated:
Employees or designees of the Elm Grove Public Works Director.
Refers to practices, techniques or measures, schedules of
activities, prohibitions of practices, general good housekeeping practices,
pollution prevention and educational practices, maintenance procedures,
and other management practices to prevent or reduce the discharge
of pollutants directly or indirectly to stormwater, receiving waters,
or stormwater conveyance systems. BMPs also include treatment practices,
operating procedures, and practices to control site runoff, spillage
or leaks, sludge or water disposal, or drainage from raw materials
storage.
The federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.), and any subsequent amendments thereto.
Activities subject to NPDES construction permits. NPDES stormwater
Phase II permits are required for construction projects resulting
in land disturbance of one acre or more. Such activities include but
are not limited to clearing and grubbing, grading, excavating, and
demolition.
Refers to one or more artificial ditches, tiles, drains or
similar devices that include, but are not limited to, streets, catch
basins, curbs, gutters, swales and storm drains which collect surface
water and stormwater runoff and snowmelt runoff, and convey it to
a point of discharge. During a regional flood, it may constitute a
part of the Floodplain.
Refers to any portion of a parcel subject to an agreement
between the property owner, or its predecessor in ownership, and another
person which grants such person the right to make use of or benefit
from that portion of the property for a specific purpose.
Refers to land which has been or may be covered by floodwater
during a regional flood. It includes the floodway and the flood-fringe
and may include other designated floodplain areas for various regulatory
purposes, including wetlands.
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.
Any direct or indirect Nonstormwater Discharge to the storm drainage system, except as exempted in § 325-51 of this article. This includes, but is not limited to, activities related to spills, dumping and disposal of any substance or material.
An illicit connections is defined as either of the following:
Any drain or conveyance, whether on the surface or subsurface,
which allows an illegal discharge to enter the storm drain system,
including but not limited to any conveyances which allow any Nonstormwater
Discharge, including sewage, processed wastewater, and wash water,
to enter the storm drain system and any connections to the storm drainage
system from indoor drains and sinks, provided that said drain or connection
had not been previously allowed, permitted, or approved in writing
by the Village of Elm Grove; or
Any drain or conveyance connected from a commercial or industrial
land use to the storm drainage system which has not been documented
in plans, maps, or equivalent records and approved by the Village
of Elm Grove.
Activities subject to NPDES industrial permits as defined
in 40 CFR, 122.26(b)(14).
Sometimes referred to as "MS4" and refers to the Elm Grove
storm drainage system which exists within the Village of Elm Grove
within easements of record or by prescription or necessity or within
lands dedicated to the Village or publicly owned which in certain
areas of the Village includes surface and below-ground improvements
or devices which collect water and convey it to a point of discharge.
Wetlands and street pavements are part of the MS4 in the Village.
In certain places in the Village, it may be located within the floodplain.
Refers to a land management activity which contributes to
runoff, seepage or percolation which adversely affects or threatens
the quality of waters of the State of Wisconsin and is not a point
source as defined in this article [see § 281.65(2)(b), Wis.
Stats.].
Any discharge to the storm drainage system that is not composed
entirely of stormwater.
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.
Refers to either of the following: (a) A discernible, confined
and discrete conveyance, including, but not limited to any pipe, ditch,
channel, tunnel, conduit, well, container, rolling stock, floating
craft from which pollutants may be discharged into the Waters of the
State of Wisconsin or into a publicly owned Sewerage System. (b) A
discernible, confined and discrete conveyance of stormwater for which
a permit is required under § 283.33(1), Wis. Stats. [see
§ 283.01(12), Wis. Stats].
Anything which causes or contributes to the pollution of
stormwater. Pollutants may include, but are not limited to, paints,
varnishes, and solvents; oil and other automotive fluids; nonhazardous
liquid and solid wastes and yard wastes; refuse, rubbish, garbage,
litter, or other discarded or abandoned objects, ordinances, in such
quantities as to reasonably present the likelihood that they may cause
or contribute to pollution; floatables; pesticides, herbicides, and
fertilizers; hazardous substances and wastes; sewage, fecal coliform
and pathogens; dissolved and particulate metals; animal wastes; wastes
and residues that result from constructing a structure; and noxious
or offensive matter of any kind.
Refers to any activity that includes contaminating or rendering
unclean or impure the waters of the State of Wisconsin, or making
the same injurious to public health, harmful for commercial or recreational
use, or deleterious to fish, bird, animal or plant life. It refers
to man-made or man-induced alteration of the chemical, physical, biological
or radiological integrity of the water. [See §§ 281.01(10)
and 283.01(14), Wis. Stats.]
Any building, lot, parcel of land, or portion of land, whether
improved or unimproved, including adjacent sidewalks and parking strips.
Refers to all structures, conduits and pipelines by which
sewage (i.e., water-carried wastes created in and to be conducted
away from residences, industrial establishments, and public buildings,
with such surface water or groundwater as may be present) is collected
and disposed of, except plumbing inside and in connection with buildings
served, and serviced from building to street main [see § 281.01(13)
and (14), Wis. Stats.].
Publicly owned or controlled 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.
Any surface flow, runoff, and drainage consisting entirely
of water from any form of natural precipitation and resulting from
such precipitation.
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.
Refers to those portions of Lake Michigan within the boundaries
of the State of Wisconsin and all lakes, bays, rivers, streams, springs,
ponds, wells, impounding reservoirs, watercourses, drainage systems
and other surface water or groundwater, natural or artificial, public,
except those waters which are entirely confined and retained completely
upon the property of a person within the State of Wisconsin or its
jurisdiction [see § 281.01(18), Wis. Stats.].
Refers to those areas where water is at, near or above the
land surface long enough to support aquatic or hydrophytic vegetation
and which have soils indicative of wet conditions.
A permit issued by WDNR 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.
This article shall apply to all water entering the storm drainage
system or MS4 generated on any developed and undeveloped lands unless
explicitly exempted by the Elm Grove Public Works Director.
The Elm Grove Public Works Director shall administer, implement,
and enforce the provisions of this article. Any powers granted or
duties imposed upon Elm Grove may be delegated in writing by the Elm
Grove Public Works Director to persons or entities acting in the beneficial
interest of or in the employ of the Village of Elm Grove or as otherwise
directed by the Elm Grove Board of Trustees.
The standards set forth herein and incorporated by reference
from the Wisconsin Statutes and the Wisconsin Administrative Code
as they may relate to point and nonpoint sources of pollution and
promulgated pursuant to this article are minimum standards; therefore,
this article 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.
Prohibition of illegal discharges. No person shall discharge or cause to be discharged into the storm drainage system or MS4 or watercourses any materials, including but not limited to pollutants or waters containing any pollutants, that cause or contribute to a violation of applicable water quality standards as referenced in § 325-50, above, other than stormwater. The commencement, conduct or continuance of any illegal discharge to the storm drain system is prohibited except as described as follows:
(1)
The following discharges are exempt from discharge prohibitions established
by this article: water line flushing or other potable water sources,
landscape irrigation or lawn watering, diverted stream flows, rising
groundwater, groundwater infiltration into storm drains, uncontaminated
pumped groundwater, foundation or footing drains or sump pump (not
including active groundwater dewatering systems), crawl space pumps,
air-conditioning condensation, springs, individual residential washing
of vehicles, natural riparian habitat or wetland flows, swimming pools
(if dechlorinated, typically less than one ppm chlorine), fire-fighting
activities, and any other water source not containing pollutants.
(2)
Discharges specified in writing by the Elm Grove Public Works Director
as being necessary to protect public health and safety.
(3)
Dye testing is an allowable discharge, but requires notification
to the Elm Grove Public Works Department prior to the time of the
test.
(4)
The prohibition shall not apply to 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, 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 storm drain system.
B.
Prohibition of illicit connections.
(1)
The construction, use, maintenance or continued existence of illicit
connections to the storm drain system is prohibited.
(2)
This prohibition expressly includes, without limitation, illicit
connections made in the past, unless the connection:
(3)
A person shall be deemed to be in violation of this article if the
person connects a line conveying sewage to the MS4 or allows such
a connection to continue. In the event there is any modification of
a property or structure that requires a permit of any kind, all connections
that may otherwise presently be illicit connections shall be corrected
even if they have a documented allowable prior status.
A.
Suspension due to illicit discharges in emergency situations. The
Public Works Director 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 navigable waters of the State of Wisconsin,
as defined by Wisconsin case law. If the violator fails to comply
with a suspension order issued in an emergency, the Elm Grove Public
Works Director may take such steps as deemed necessary to prevent
or minimize damage to the MS4 or navigable waters of the State of
Wisconsin or to minimize danger to persons.
B.
Suspension due to the detection of illicit discharge.
(1)
Any person discharging to the MS4 in violation of this article may
have its MS4 access terminated if such termination would abate or
reduce an illicit discharge. The Elm Grove Public Works Director or
his designee will notify a violator of the proposed termination of
its MS4 access. The violator may petition the Elm Grove Public Works
Director or his designee for a reconsideration and hearing.
(2)
A person commits an offense if the person reinstates MS4 access to
premises terminated pursuant to this section without the prior written
approval of the Elm Grove Public Works Director.
Any person subject to an industrial or construction activity
WPDES 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 Public Works Director prior to the allowing
of discharges to the MS4.
A.
Applicability. This section applies to all facilities that have stormwater
discharges associated with industrial activity, including, but not
limited to, construction activity.
B.
Access to facilities.
(1)
The Public Works Director or his designee, having reasonable cause,
shall be permitted to enter and inspect facilities subject to this
article as often as may be necessary to determine compliance with
this article. 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 Elm Grove Public Works Director.
(2)
Owners or their agent(s) shall allow the Public Works Director 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 additional duties as defined by state and federal law.
(3)
The Public Works Director, having reasonable cause, shall have the
right to set up on any permitted facility such devices as are necessary
in the opinion of the Elm Grove Public Works Director to conduct monitoring
and/or sampling of the facility's stormwater discharge.
(4)
The Public Works Director, having reasonable cause, shall have 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.
(5)
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 Public Works
Director and shall not be replaced. The costs of clearing such access
shall be borne by the operator.
(6)
Unreasonable delays in allowing the Public Works Director access
to a permitted facility is a violation of a stormwater discharge permit
and of this article. A person who is the operator of a facility with
a WPDES permit to discharge stormwater associated with industrial
activity commits an offense if the person denies the Elm Grove Public
Works Director or his designee reasonable access to the permitted
facility for the purpose of conducting any activity authorized or
required by this article.
(7)
If the Public Works Director or his designee has been refused access
to any part of the premises from which stormwater is discharged, and
he 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, and welfare
of the community, then the Elm Grove Public Works Director or his
designee may seek issuance of a special inspection warrant pursuant
to § 66.0119, Wis. Stats., from any court of competent jurisdiction.
The Public Works Director may provide requirements identifying
best management practices (BMP) for any activity, operation, or facility
which may cause or contribute to pollution or contamination of stormwater,
the storm drain system, or waters of the State of Wisconsin. The owner
or operator of a commercial or industrial establishment shall provide,
at its 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 these structural and nonstructural
BMPs. Further, any person responsible for a property or premises which
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 municipal separate storm sewer 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 pollution prevention plan (SWPP)
as necessary for compliance with requirements of the WPDES permit.
Every person owning or occupying property through which waters
of the State of Wisconsin passes shall keep and maintain that part
of the waters of the State of Wisconsin within the property free of
pollution.
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 illegal discharges or pollutants discharging into stormwater, the
storm drain system, or water of the State of Wisconsin, 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 the Elm Grove Police
Department of the occurrence via emergency dispatch services. In the
event of a release of nonhazardous materials, said person shall notify
the Village of Elm Grove in person or by phone or facsimile within
24 hours of becoming aware of the release. Notifications in person
or by phone shall be confirmed by written notice addressed and mailed
to the Public Works Director 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 three years.
A.
Notice of violation. Whenever the Public Works Director finds that
a person has violated a prohibition or failed to meet a requirement
of this article, he may order compliance by written notice of violation
to the responsible person. Such notice may require, without limitation:
(1)
The performance of monitoring, analyses, and reporting;
(2)
The elimination of illicit connections or discharges;
(3)
That violating discharges, practices, or operations shall cease and
desist;
(4)
The abatement or remediation of stormwater pollution or contamination
hazards and the restoration of any affected property;
(5)
Payment of administrative and remediation costs; and
(6)
The implementation of source control or treatment BMPs. If abatement of a violation and/or restoration of affected property is required, the notice shall set forth a deadline within which such remediation or restoration must be completed. Said notice shall further advise that should the violator fail to remediate or restore within the established deadline, the work will be done by a subcontractor and the expense thereof shall be imposed as a special charge under § 66.0627, Wis. Stats., and § 325-61 hereafter.
Any person receiving a notice of violation may appeal the determination
of the Elm Grove Public Works Director. The notice of appeal must
be received within 90 days from the date of the notice of violation.
Hearing on the appeal before the Elm Grove Board of Appeals shall
take place within a reasonable time 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,
within 30 days following the decision of the Elm Grove Board of Appeals
upholding the decision of the Elm Grove Public Works Director, then
representatives of the Elm Grove Public Works Director may, upon prior
notice, enter upon the subject property, unless the property owner
presents a compliance plan with specific and prompt implementation
dates, 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 representatives of the Village of Elm Grove
or its designated contractor to enter upon the premises for the purposes
set forth above.
Cost recovery. Upon notification from the Director of Public
Works that a violation of this article has been identified, the Village
Clerk shall charge the property owner found to be in violation of
this article the costs associated with abatement and correction, including
administrative in full. The Village of Elm Grove may recover all attorney's
fees, court costs and other expenses associated with enforcement of
this article, including sampling and monitoring expenses. Such costs
shall be imposed as a special charge pursuant to § 66.0627,
Wis. Stats. Such costs shall be due in full within 35 days upon mailing
of invoice. Pursuant to § 66.0627, Wis. Stats., all costs
so charged and not paid when due shall constitute a lien upon such
property and may be assessed and collected as a special charge on
the next property tax bill if not paid within the thirty-day period
upon invoicing. Interest at 1% per month shall be assessed on any
unpaid balance. The Village shall establish a reasonable charge for
the costs of administration and enforcement imposed hereunder.
It shall be unlawful for any person to violate any provision
or fail to comply with any of the requirements of this article. If
a person has violated or continues to violate the provisions of this
article, the Village Attorney, upon the concurrence of the Director
of Public Works and the Village Manager, may petition for a preliminary
or permanent injunction from the Circuit Court of Waukesha County
restraining the person from activities which would create further
violations or compelling the person to perform abatement or remediation
of the violation. The seeking of injunctive relief shall not preclude
the seeking of any other enforcement or cause of action allowable
by law.
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,
and welfare and is declared and deemed a public nuisance and may be
summarily abated or restored at the violator's expense and/or
a civil action to abate, enjoin, or otherwise compel the cessation
of such public nuisance may be taken. The bringing of a public nuisance
action shall not preclude the seeking of any other enforcement or
cause of action allowable by law.
The remedies listed in this article are not exclusive of any
other remedies available under any applicable federal, state or local
law, and it is within the discretion of the Director of Public Works
to seek cumulative remedies.
