[Added 12-13-2010]
The Village Board of the Village of Rothschild finds that these
requirements provide for the health, safety, and general welfare of
the citizens of the Village of Rothschild through the regulation of
nonstormwater discharges to the storm drainage system to the maximum
extent practicable as required by federal and state law. These requirements
establish methods for controlling the introduction of pollutants into
the municipal separate storm sewer system (MS4) in order to comply
with requirements of the Wisconsin Pollutant Discharge Elimination
System (WPDES) permit process. The objectives of these requirements
are to:
A.
Regulate the contribution of pollutants to the municipal separate
storm sewer system (MS4) by stormwater discharges by any user;
B.
Prohibit illicit connections and discharges to the municipal separate
storm sewer system; and
C.
Establish legal authority to carry out all inspection, surveillance,
and monitoring procedures necessary to ensure compliance with these
requirements.
The intent of this article is to reduce the amount of pollutants
entering into the municipal separate storm sewer system (MS4) reaching
waters of the state in order to comply with requirements of the Wisconsin
Pollutant Discharge Elimination System (WPDES) municipal criteria.
A.
Applicability. These requirements shall apply to all water entering
the storm drain system generated on any developed and undeveloped
lands unless explicitly exempted by an authorized enforcement agency.
B.
Jurisdiction. This article applies to sites within the boundaries
and jurisdiction of the Village of Rothschild and to all lands within
the extraterritorial plat approval jurisdiction of the Village of
Rothschild.
C.
Exclusions. This article is not applicable to activities conducted
by a state agency, as defined under § 227.01(1), Wis. Stats.
For the purposes of these requirements, the following terms
shall have the meanings indicated:
The Administrator of Public Works, or the designee, for the
Village or Rothschild Board empowered under § 61.354, Wis.
Stats., that is designated by the Village of Rothschild Board to administer
this article.
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 WPDES construction permits. Currently,
these include 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.
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 drain system, except as exempted in § 590-63 of these requirements.
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, process wastewater, and wash water, to
enter the storm drain system and any connections to the system, regardless
of whether said drain or connection had been previously allowed, permitted,
or approved by the Village Board; or
Any drain or conveyance connected from a commercial or industrial
land use to the storm drain system which has not been documented in
plans, maps, or equivalent records and approved by an authorized enforcement
agency.
Activities subject to WPDES industrial permits.
Any discharge to the storm drain 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.
Anything which causes or contributes to pollution. 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, and accumulations, so that same
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 building or structure;
and noxious or offensive matter of any kind.
Any building, lot, parcel of land, or portion of land, whether
improved or unimproved, including adjacent sidewalks and parking strips.
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.
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 BMPs 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 permit issued by the Wisconsin Department of Natural Resources
(WDNR) that authorizes discharges to the waters of the state, whether
the permit is applicable on an individual, group, or general area-wide
basis.
A.
Administration of illicit discharge detection and elimination requirements.
The Administrator of Public Works, or the designee, shall administer,
implement, and enforce the provisions of these requirements. Any powers
granted or duties imposed upon the Village Board may be delegated
in writing by the Administrator of Public Works, on behalf of the
Village Board, to persons or entities acting in the beneficial interest
of or in the employ of the agency.
B.
Ultimate responsibility for illicit discharge detection and elimination.
The standards set forth herein and promulgated pursuant to these requirements
are minimum standards; therefore, these requirements do not intend
nor imply that compliance by any person will ensure that there will
be no contamination, pollution, or unauthorized discharge of pollutants.
A.
Prohibition of illegal discharges.
(1)
No person shall discharge or cause to be discharged into the municipal
storm drain system 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,
other than stormwater. The commencement, conduct or continuance of
any illegal discharge to the storm drain system is prohibited except
as described as follows.
(2)
The following discharges are exempt from discharge prohibitions established
by these requirements:
(a)
Waterline flushing or other potable water sources;
(b)
Landscape irrigation or lawn watering;
(c)
Diverted stream flows;
(d)
Rising groundwater;
(e)
Groundwater infiltration to storm drains;
(f)
Uncontaminated pumped groundwater;
(g)
Foundation or footing drains (not including active groundwater
dewatering systems);
(h)
Crawl space pumps;
(i)
Air-conditioning condensation;
(j)
Springs;
(k)
Noncommercial washing of vehicles;
(l)
Natural riparian habitat or wetland flows;
(m)
Swimming pools (if dechlorinated, typically less than one part
per million chlorine);
(n)
Fire-fighting activities; and
(o)
Any other water source not containing pollutants.
(4)
Dye testing is an allowable discharge but requires a verbal notification
to the Administrator of Public Works prior to the time of the test.
(5)
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 WDNR, 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, 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 these requirements if
the person connects a line conveying sewage to the MS4 or allows such
a connection to continue.
A.
Suspension due to illicit discharges in emergency situations. The
Administrator of Public Works, or the designee, 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 Board 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.
B.
Suspension due to the detection of illicit discharge.
(1)
Any person discharging to the MS4 in violation of these requirements
may have its MS4 access terminated if such termination would abate
or reduce an illicit discharge. The Administrator of Public Works
will notify a violator of the proposed termination of its MS4 access.
The violator may petition the Village Board 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 approval
of the authorized enforcement agency.
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 Administrator of Public Works, or the
designee, 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 construction
activity.
B.
Access to facilities.
(1)
The Administrator of Public Works, or the designee, shall be permitted
to enter and inspect facilities subject to regulation under these
requirements as often as may be necessary to determine compliance
with these requirements. 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 Village Board.
(2)
Facility operators shall allow the Administrator of Public Works,
or the designee, 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 an WPDES permit to discharge
stormwater and the performance of any additional duties as defined
by state and federal law.
(3)
The Administrator of Public Works, or the designee, shall have the
right to set up on any permitted facility such devices as are necessary
in the opinion of the Administrator of Public Works to conduct monitoring
and/or sampling of the facility's stormwater discharge.
(4)
The Administrator of Public Works, or the designee, 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.
(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 Administrator
of Public Works, or the designee, and shall not be replaced. The costs
of clearing such access shall be borne by the operator.
(6)
Unreasonable delay in allowing the Administrator of Public Works,
or the designee, access to a permitted facility is a violation of
a stormwater discharge permit and of these requirements. 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 Administrator of Public Works, or the designee,
reasonable access to the permitted facility for the purpose of conducting
any activity authorized or required by these requirements.
(7)
If the Administrator of Public Works, or the designee, 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 these requirements, 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 these requirements or any
order issued hereunder, or to protect the overall public health, safety,
and welfare of the community, then the Village Board may seek issuance
of a search warrant from any court of competent jurisdiction.
The Administrator of Public Works, or the designee, will adopt
requirements identifying BMPs 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. 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 in compliance with the provisions of this section.
These BMPs shall be part of a stormwater pollution prevention plan
(SWPPP) as necessary for compliance with requirements of the WPDES
permit.
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.
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 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 Administrator
of Public Works, or the designee, 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 Administrator of Public Works, or the designee, 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.
Whenever the Administrator of Public Works, or the designee,
finds that a person has violated a prohibition or failed to meet a
requirement of these requirements, the Village Board may order compliance
by written notice of violation to the responsible person. 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.
F.
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 Department of Public
Works or a designated contractor, including other governmental agencies,
and the expense thereof shall be charged to the violator.
Any person receiving a notice of violation may appeal the determination
of the Administrator of Public Works. 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 shall take place within
30 days from the date of receipt of the notice of appeal. The decision
of the municipal authority or its designee shall be final.
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 municipal authority upholding
the decision of the authorized enforcement agency, then representatives
of the Village Board shall 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.
A.
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 amount of the assessment within 10 days. If the amount due is
not paid within a timely manner as determined by the decision of the
municipal authority or by the expiration of the time in which to file
an 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.
B.
Any person
violating any of the provisions of this article shall become liable
to the Village by reason of such violation. Interest at the rate of
6% per annum shall be assessed on the balance beginning on the 31st
day following discovery of the violation.
It shall be unlawful for any person to violate any provision
or fail to comply with any of the requirements of these requirements.
If a person has violated or continues to violate the provisions of
these requirements, the Village Board may petition for a preliminary
or permanent injunction restraining the person from activities which
would create further violations or compelling the person to perform
abatement or remediation of the violation.
In lieu of enforcement proceedings, penalties, and remedies
authorized by these requirements, the Village Board may impose upon
a violator alternative compensatory action, such as storm drain stenciling,
attendance at compliance workshops, creek cleanup, etc.
In addition to the enforcement processes and penalties provided,
any condition caused or permitted to exist in violation of any of
the provisions of these requirements is a threat to public health,
safety, and welfare and is declared and deemed a 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 nuisance may be taken.
Any person that has violated or continues to violate these requirements
shall be subject to a forfeiture of not less than $100 nor more than
$5,000 per violation; each day such violation exists shall be deemed
a separate violation. The Village Board may recover all attorney fees,
court costs, and other expenses associated with enforcement of these
requirements, including sampling and monitoring expenses.
The remedies listed in these requirements 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 Board
to seek cumulative remedies.
