Town of Greenville, WI Stormwater Management

Editor’s Note: This ordinance also repealed former Ch. 225, Stormwater Management, Art. I, Post-Construction Stormwater Management, adopted 5-12-2008. The Stormwater Reference Guide adopted by this ordinance is on file at the Town Hall and available at townofgreenville.com.

§ 255-1 Authority.

This article is adopted by the Town of Greenville Board under the authority granted by § 60.627, Wis. Stats. This article supersedes all provisions of an ordinance previously enacted under § 60.62, Wis. Stats., that relate to post-construction stormwater management regulations. Except as otherwise specified in § 60.627, Wis. Stats., § 60.62, Wis. Stats., applies to this article and to any amendments to this article.

The provisions of this article are deemed not to limit any other lawful regulatory powers of the same governing body.

The Town Board hereby designates the Public Works Department to administer and enforce the provisions of this article.

The requirements of this article do not preempt more stringent stormwater management requirements that may be imposed by any of the following:

(1)

Wisconsin Department of Natural Resources administrative rules, permits or approvals, including those authorized under §§ 281.16 and 283.33, Wis. Stats.

(2)

Targeted performance standards promulgated in rules by the Wisconsin Department of Natural Resources under § NR 151.004, Wis. Adm. Code.

§ 255-2 Findings of fact.

The Town Board finds that uncontrolled, post-construction runoff has a significant impact upon water resources and the health, safety and general welfare of the community and diminishes the public enjoyment and use of natural resources. Specifically, uncontrolled post-construction runoff can:

Degrade physical stream habitat by increasing stream bank erosion, increasing streambed scour, diminishing groundwater recharge, diminishing stream base flows and increasing stream temperature.

Diminish the capacity of lakes and streams to support fish, aquatic life and recreational and water supply uses by increasing pollutant loading of sediment, suspended solids, nutrients, heavy metals, bacteria, pathogens and other urban pollutants.

Alter wetland communities by changing wetland hydrology and by increasing pollutant loads.

Reduce the quality of groundwater by increasing pollutant loading.

Threaten public health, safety, property and general welfare by overtaxing storm sewers, drainageways, and other minor drainage facilities.

Threaten public health, safety, property and general welfare by increasing major flood peaks and volumes.

Undermine floodplain management efforts by increasing the incidence and levels of flooding.

§ 255-3 Purpose and intent.

Purpose. The general purpose of this article is to establish long-term, post-construction runoff management requirements that will diminish the threats to public health, safety, welfare and the aquatic environment. Specific purposes are to:

(1)

Further the maintenance of safe and healthful conditions.

(2)

Prevent and control the adverse effects of stormwater; prevent and control soil erosion; prevent and control water pollution; protect spawning grounds, fish and aquatic life; control building sites, placement of structures and land uses; preserve ground cover and scenic beauty; and promote sound economic growth.

(3)

Control exceedance of the safe capacity of existing drainage facilities and receiving water bodies; prevent undue channel erosion; control increases in the scouring and transportation of particulate matter; and prevent conditions that endanger downstream property.

Intent. It is the intent of the Town Board that this article regulates post-construction stormwater discharges to waters of the state. This article may be applied on a site-by-site basis. The Town Board recognizes, however, that the preferred method of achieving the stormwater performance standards set forth in this article is through the preparation and implementation of comprehensive, systems-level stormwater management plans that cover hydrologic units, such as watersheds, on a municipal and regional scale. Such plans may prescribe regional stormwater devices, practices or systems, any of which may be designed to treat runoff from more than one site prior to discharge to waters of the state. Where such plans are in conformance with the performance standards developed under § 281.16, Wis. Stats., for regional stormwater management measures and have been approved by the Town Board, it is the intent of this article that the approved plan be used to identify post-construction management measures acceptable for the community.

§ 255-4 Applicability and jurisdiction.

Applicability.

(1)

Where not otherwise limited by law, this article applies to all post-construction sites, unless the site is otherwise exempt under Subsection A(2).

(2)

A post-construction site that meets any of the following criteria is exempt from the requirements of this article.

(a)

One- and two-family residential dwellings that are not part of a larger common plan of development or sale and that result in less than one acre of disturbance.

(b)

Nonpoint discharges from agricultural activity areas.

(c)

Nonpoint discharges from silviculture activities.

(d)

Mill and crush operations.

(3)

Notwithstanding the applicability requirements in Subsection A(1), this article applies to post-construction sites of any size that, in the opinion of the administering authority, are likely to result in runoff that exceeds the safe capacity of the existing drainage facilities or receiving body of water, that cause undue channel erosion, that increase water pollution by scouring or the transportation of particulate matter or that endanger property or public safety.

Jurisdiction. This article applies to post-construction sites within the boundaries and jurisdiction of the Town of Greenville.

Exclusions. This article is not applicable to activities conducted by a state agency, as defined under § 227.01(1), Wis. Stats., but also including the office of District Attorney, which is subject to the state plan promulgated or a memorandum of understanding entered into under § 281.33(2), Wis. Stats.

§ 255-5 Definitions.

As used in this article, the following terms shall have the meanings indicated:

ADEQUATE SOD or SELF-SUSTAINING VEGETATIVE COVER: Maintenance of sufficient vegetation types and densities such that the physical integrity of the stream bank or lakeshore is preserved. Self-sustaining vegetative cover includes grasses, forbs, sedges and duff layers of fallen leaves and woody debris.

ADMINISTERING AUTHORITY: A governmental employee or their designees empowered under § 60.627, Wis. Stats., to administer this article. For the purpose of this article, it is the Town of Greenville Public Works Department under guidance from the Town Board.

AGRICULTURAL ACTIVITY AREA: The part of the farm where there is planting, growing, cultivating and harvesting of crops for human or livestock consumption and pasturing or outside yarding of livestock, including sod farms and silviculture. Practices in this area may include waterways, drainage ditches, diversions, terraces, farm lanes, excavation, filling and similar practices. The agricultural activity area does not include the agricultural production area.

AGRICULTURAL PRODUCTION AREA: The part of the farm where there is concentrated production activity or impervious surfaces. Agricultural production areas include buildings, driveways, parking areas, feed storage structures, manure storage structures, and other impervious surfaces. The agricultural production area does not include the agricultural activity area.

ATLAS 14: The National Oceanic and Atmospheric Administration (NOAA) Atlas 14 Precipitation-Frequency Atlas of the United States, Volume 8 (Midwestern States), published in 2013.

AVERAGE ANNUAL RAINFALL: A typical calendar year of precipitation as determined by the Wisconsin DNR for users of models such as SLAMM, P8, or equivalent methodology. The average annual rainfall is chosen from a Wisconsin DNR publication for the location closest to the municipality.

BEST MANAGEMENT PRACTICES or BMP: 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.

BUSINESS DAY: A day the office of the administering authority is routinely and customarily open for business.

CEASE-AND-DESIST ORDER: A court-issued order to halt land-disturbing construction activity that is being conducted without the required permit.

COMBINED SEWER SYSTEM: A system for conveying both sanitary sewage and stormwater runoff.

COMMON PLAN OF DEVELOPMENT OR SALE: A development or sale where multiple separate and distinct land-disturbing construction activities may be taking place at different times on different schedules but under one plan. A common plan of development or sale includes, but is not limited to, subdivision plats, certified survey maps, and other developments.

CONNECTED IMPERVIOUS: An impervious surface connected to the waters of the state via a separate storm sewer, an impervious flow path, or a minimally pervious flow path.

CONSTRUCTION SITE: An area upon which one or more land-disturbing construction activities occur, including areas that are part of a larger common plan of development or sale.

DESIGN STORM: A hypothetical discrete rainstorm characterized by a specific duration, temporal distribution, rainfall intensity, return frequency, and total depth of rainfall. The TP-40, Type II, twenty-four-hour design storms for Town of Greenville are: one-year, 2.2 inches; two-year, 2.5 inches; five-year, 3.3 inches; ten-year, 3.8 inches; twenty-five-year, 4.4 inches; fifty-year, 4.9 inches; and one-hundred-year, 5.3 inches. The Atlas 14, MSE4, twenty-four-hour design storms for the Town of Greenville are: one-year, 2.14 inches; two-year, 2.45 inches; five-year, 3.01 inches; ten-year, 3.51 inches; twenty-five-year, 4.24 inches; fifty-year, 4.85 inches; and one-hundred-year, 5.50 inches.

DEVELOPMENT: Residential, commercial, industrial, institutional, or other land uses and associated roads.

DIRECT CONDUITS TO GROUNDWATER: Wells, sinkholes, swallets, fractured bedrock at the surface, mine shafts, nonmetallic mines, tile inlets discharging to groundwater, quarries, or depressional groundwater recharge areas over shallow fractured bedrock.

DIVISION OF LAND: The creation from one or more parcels or building sites of additional parcels or building sites where such creation occurs at one time or through the successive partition within a five-year period.

EFFECTIVE INFILTRATION AREA: The area of the infiltration system that is used to infiltrate runoff and does not include the area used for site access, berms or pretreatment.

EROSION: The process by which the land's surface is worn away by the action of wind, water, ice or gravity.

EXCEPTIONAL RESOURCE WATERS: Waters listed in § NR 102.11, Wis. Adm. Code.

EXISTING DEVELOPMENT: Development in existence on October 1, 2004, or development for which a stormwater permit in accordance with Subch. III of Ch. NR 216, Wis. Adm. Code, was received on or before October 1, 2004.

EXTRATERRITORIAL: The unincorporated area within three-miles of the corporate limits of a first-, second-, or third-class city or within 1.5 miles of a fourth-class city or village.

FILTERING LAYER: Soil that has at least a three-foot-deep layer with at least twenty-percent fines; or at least a five-foot-deep layer with at least ten-percent fines; or an engineered soil with an equivalent level of protection as determined by the administering authority for the site.

FINAL STABILIZATION: That all land-disturbing construction activities at the construction site have been completed and that a uniform, perennial, vegetative cover has been established, with a density of at least 70% of the cover, for the unpaved areas and areas not covered by permanent structures, or that employ equivalent permanent stabilization measures.

FINANCIAL GUARANTEE: A performance bond, maintenance bond, surety bond, irrevocable letter of credit, or similar guarantees submitted to the administering authority by the responsible party to assure that requirements of the article are carried out in compliance with the stormwater management plan.

GOVERNING BODY: Town Board of Supervisors, County Board of Supervisors, City Council, Village Board of Trustees or Village Council.

GROUNDWATER: Waters of the state, as defined in § 281.01(18), Wis. Stats., occurring in a saturated subsurface geological formation of rock or soil.

HIGH GROUNDWATER LEVEL OR SUBSURFACE SATURATION: Higher of either the elevation to which the soil is saturated as observed as a free water surface in an unlined hole, or the elevation to which the soil has been seasonally or periodically saturated as indicated by soil color patterns throughout the soil profile, as defined in Technical Standard 1002, Site Evaluation for Stormwater Infiltration.

HIGHWAY: Has the meaning given in § 340.01(22), Wis. Stats.

HIGHWAY RECONDITIONING: Has the meaning given in § 84.013(1)(b), Wis. Stats.

HIGHWAY RECONSTRUCTION: Has the meaning given in § 84.013(1)(c), Wis. Stats.

HIGHWAY RESURFACING: Has the meaning given in § 84.013(1)(d), Wis. Stats.

IMPERVIOUS SURFACE: An area that releases as runoff all or a large portion of the precipitation that falls on it, except for frozen soil. Rooftops, sidewalks, driveways, parking lots and streets are examples of surfaces that typically are impervious. Gravel surfaces are considered impervious, unless specifically designed to encourage infiltration.

IMPERVIOUS SURFACE DISTURBANCE: Any land-disturbing construction activity in which any new impervious surfaces are created or existing impervious surfaces are redeveloped.

INFILL: An undeveloped area of land or new development area located within an existing urban sewer service area, surrounded by development or development and natural or man-made features where development cannot occur. "Infill" does not include any undeveloped area that was part of a larger new development for which a stormwater permit in accordance with Subch. III of Ch. NR 216, Wis. Adm. Code, was required to be submitted after October 1, 2004, to the Wisconsin Department of Natural Resources or Wisconsin Department of Safety and Professional Services (formerly the Department of Commerce).

INFILTRATION: The entry and movement of precipitation or runoff into or through soil.

INFILTRATION SYSTEM: A device or practice such as a basin, trench, rain garden or swale designed specifically to encourage infiltration, but does not include natural infiltration in pervious surfaces such as lawns, the redirecting of rooftop downspouts onto lawns or minimal infiltration from practices, such as swales or roadside channels designed for conveyance and pollutant removal only.

LAND-DISTURBING CONSTRUCTION ACTIVITY (OR DISTURBANCE): Any man-made alteration of the land surface resulting in a change in the topography or existing vegetative or nonvegetative soil cover, that may result in runoff and lead to an increase in soil erosion and movement of pollutants into the municipal separate storm sewer or waters of the state. Land-disturbing construction activity includes clearing and grubbing, demolition, excavating, pit trench dewatering, filling and grading activities, and soil stockpiling.

MAINTENANCE AGREEMENT: A legal document that provides for long-term maintenance of stormwater management and best management practices.

MEP OR MAXIMUM EXTENT PRACTICABLE: The highest level of performance that is achievable but is not equivalent to a performance standard identified within this article. Maximum extent practicable applies when the permit applicant demonstrates to the administering authority's satisfaction that a performance standard is not achievable and that a lower level of performance is appropriate. In making the assertion that a performance standard is not achievable and that a level of performance different from the performance standard is the maximum extent practicable, the permit applicant shall take into account the best available technology, cost effectiveness, geographic features, and other competing interests such as protection of public safety and welfare, protection of endangered and threatened resources, and preservation of historic properties.

MINOR RECONSTRUCTION OF A HIGHWAY: Reconstruction of a highway that is limited to 1.5 miles in continuous or aggregate total length of realignment and that does not exceed 100 feet in width of roadbed widening and that does not include replacement of a vegetated drainage system with a nonvegetated drainage system except where necessary to convey runoff under a highway or private road or driveway.

MSE4 DISTRIBUTION: A specific precipitation distribution developed by the USDA, NRCS, using precipitation data from Atlas 14.

NAVIGABLE WATERS AND NAVIGABLE WATERWAY: Has the meaning given in § 30.01 (4m), Wis. Stats.

NEW DEVELOPMENT: That portion of a post-construction site where impervious surfaces are being created or expanded. Any disturbance where the amount of impervious area for the post-development condition is greater than the pre-development condition is classified as new development. For purposes of this article, a post-construction site is classified as new development, redevelopment, routine maintenance, or some combination of these three classifications as appropriate.

OFF-SITE: Located outside the property boundary described in the permit application.

ON-SITE: Located within the property boundary described in the permit application.

ORDINARY HIGH-WATER MARK: Has the meaning given in § NR 115.03(6), Wis. Adm. Code.

OUTSTANDING RESOURCE WATERS: Waters listed in § NR 102.10, Wis. Adm. Code.

PERCENT FINES: The percentage of a given sample of soil, which passes through a No. 200 sieve.

PERFORMANCE STANDARD: A narrative or measurable number specifying the minimum acceptable outcome for a facility or practice.

PERMIT: A written authorization made by the administering authority to the applicant to conduct land-disturbing construction activity or to discharge post-construction runoff to waters of the state.

PERMIT ADMINISTRATION FEE: A sum of money paid to the administering authority by the permit applicant for the purpose of recouping the expenses incurred by the authority in administering the permit.

PERVIOUS SURFACE: An area that releases as runoff a small portion of the precipitation that falls on it. Lawns, gardens, parks, forests or other similar vegetated areas are examples of surfaces that typically are pervious.

POLLUTANT: Has the meaning given in § 283.01(13), Wis. Stats.

POLLUTION: Has the meaning given in § 281.01(10), Wis. Stats.

POST-CONSTRUCTION SITE: A construction site following the completion of land-disturbing construction activity and final site stabilization.

POST-DEVELOPMENT: The extent and distribution of land cover types present after the completion of land-disturbing construction activity and final site stabilization.

PRE-DEVELOPMENT: The extent and distribution of land cover types present before the initiation of land-disturbing construction activity, assuming that all land uses prior to development activity are managed in an environmentally sound manner.

PREVENTIVE ACTION LIMIT: The meaning given in § NR 140.05(17), Wis. Adm. Code.

REDEVELOPMENT: That portion of a post-construction site where impervious surfaces are being reconstructed, replaced, or reconfigured. Any disturbance where the amount of impervious area for the post-development condition is equal to or less than the pre-development condition is classified as redevelopment. For purposes of this article, a post-construction site is classified as new development, redevelopment, routine maintenance, or some combination of these three classifications as appropriate.

RESPONSIBLE PARTY: Any entity holding fee title to the property or other person contracted or obligated by other agreement to implement and maintain post-construction stormwater BMPs.

ROUTINE MAINTENANCE: That portion of a post-construction site where pre-development impervious surfaces are being maintained to preserve the original line and grade, hydraulic capacity, drainage pattern, configuration, or purpose of the facility. Remodeling of buildings and resurfacing of parking lots, streets, driveways, and sidewalks are examples of routine maintenance, provided the lower 1/2 of the impervious surface's granular base is not disturbed. The disturbance shall be classified as redevelopment if the lower 1/2 of the granular base associated with the pre-development impervious surface is disturbed or if the soil located beneath the impervious surface is exposed. For purposes of this article, a post-construction site is classified as new development, redevelopment, routine maintenance, or some combination of these three classifications as appropriate.

RUNOFF: Stormwater or precipitation including rain, snow- or icemelt or similar water that moves on the land surface via sheet or channelized flow.

SEDIMENT: Settleable solid material that is transported by runoff, suspended within runoff or deposited by runoff away from its original location.

SEPARATE STORM SEWER: A conveyance or system of conveyances, including roads with drainage systems, streets, catch basins, curbs, gutters, ditches, constructed channels or storm drains, which meets all of the following criteria:

SILVICULTURE ACTIVITIES: Activities including tree nursery operations, tree harvesting operations, reforestation, tree thinning, prescribed burning, and pest and fire control. Clearing and grubbing of an area of a construction site is not a silviculture activity.

SITE: The entire area included in the legal description of the land on which the land-disturbing construction activity occurred.

STOP-WORK ORDER: An order issued by the administering authority which requires that all construction activity on the site be stopped.

STORMWATER MANAGEMENT PLAN: A comprehensive plan designed to reduce the discharge of pollutants from stormwater after the site has undergone final stabilization following completion of the construction activity.

STORMWATER MANAGEMENT SYSTEM PLAN: A comprehensive plan designed to reduce the discharge of runoff and pollutants from hydrologic units on a regional or municipal scale.

TARGETED PERFORMANCE STANDARD: A performance standard that will apply in a specific area, where additional practices beyond those contained in this article, are necessary to meet water quality standards. A total maximum daily load is an example of a targeted performance standard.

TECHNICAL STANDARD: A document that specifies design, predicted performance and operation and maintenance specifications for a material, device or method.

TOP OF CHANNEL: An edge, or point on the landscape, landward from the ordinary high-water mark of a surface water of the state, where the slope of the land begins to be less than 12% continually for at least 50 feet. If the slope of the land is 12% or less continually for the initial 50 feet, landward from the ordinary high-water mark, the top of the channel is the ordinary high-water mark.

TOTAL MAXIMUM DAILY LOAD or TMDL: The amount of pollutants specified as a function of one or more water quality parameters, that can be discharged per day into a water quality limited segment and still ensure attainment of the applicable water quality standard.

TP-40: Technical Paper No. 40, Rainfall Frequency Atlas of the United States, published in 1961.

TR-55: The United States Department of Agriculture, Natural Resources Conservation Service (previously Soil Conservation Service), Urban Hydrology for Small Watersheds, Second Edition, Technical Release 55, June 1986, which is incorporated by reference for this article.

TRANSPORTATION FACILITY: A public street, a public road, a public highway, a railroad, a public mass transit facility, a public-use airport, a public trail, or any other public work for transportation purposes such as harbor improvements under § 85.095(1)(b), Wis. Stats. "Transportation facility" does not include building sites for the construction of public buildings and buildings that are places of employment that are regulated by the Wisconsin Department of Natural Resources pursuant to § 281.33, Wis. Stats.

TYPE II DISTRIBUTION: A rainfall type curve as established in the United States Department of Agriculture, Soil Conservation Service, Technical Paper 149, published 1973, which is incorporated by reference for this article. The Type II curve is applicable to all of Wisconsin and represents the most intense storm pattern.

WATERS OF THE STATE: Has the meaning given in § 283.01(20), Wis. Stats.

§ 255-6 Technical standards.

The following methods shall be used in designing and maintaining the water quality, peak discharge, infiltration, protective area, fueling/vehicle maintenance, and swale treatment components of stormwater practices needed to meet the water quality standards of this article:

Technical standards identified, developed or disseminated by the Wisconsin Department of Natural Resources under Subch. V of Ch. NR 151, Wis. Adm. Code.

Technical standards and guidance identified within the Town of Greenville Stormwater Reference Guide.[1]

[1]

Editor's Note: Said reference guide is on file at the Town Hall and available at townofgreenville.com.

Where technical standards have not been identified or developed by the Wisconsin Department of Natural Resources, other technical standards may be used, provided that the methods have been approved by the administering authority.

In this article, the following year and location has been selected as average annual rainfall(s): Green Bay, 1969 (Mar. 29-Nov. 25).

Stormwater facilities located within an airport zoning district shall be designed, operated, and maintained in conformance with Chapter 10 of the Outagamie County Code of Ordinances.

§ 255-7 Performance standards.

Responsible party. The responsible party shall develop and implement a post-construction stormwater management plan that incorporates the requirements of this section.

Plan. A written stormwater management plan shall be developed and implemented by the responsible party in accordance with § 255-9. The stormwater management plan shall meet all of the applicable requirements contained in this article.

Requirements. The stormwater management plan shall meet the following minimum requirements to the maximum extent practicable:

(1)

Water quality. Best management practices shall be designed, installed and maintained to control pollutants carried in runoff from the post-construction site. The design shall be based on the average annual rainfall, as compared to no runoff management controls.

(a)

The following is required for post-construction sites with one or more of the following: 5,000 square feet or more of impervious surface disturbance, or one acre or more of land disturbance:

[1]

Except as provided in § 255-7C(1)(a)[2], a pollutant reduction is required as follows:

	Total Suspended Solids (TSS) and Total Phosphorus (TP) Reduction
	New Development		Redevelopment		Routine Maintenance
Watershed	TSS	TP	TSS	TP	TSS	TP
Bear Creek	80%	—	40%	—	40%	—
Fox River	80%	41%	72%	41%	72%	41%
Mud Creek	80%	48%	43%	48%	43%	48%
Rat River	80%	—	40%	—	40%	—
Wolf River	80%	—	40%	—	40%	—

[2]

A pollutant reduction is not required for routine maintenance areas that are part of a post-construction site with less than five acres of disturbance.

(b)

For post-construction sites with less than one acre of land disturbance, reduce the pollutant load using BMPs from the Town of Greenville Stormwater Reference Guide[1] or other practices approved by the administering authority.

[1]

Editor's Note: Said reference guide is on file at the Town Hall and available at townofgreenville.com.

(c)

Sites, including common plan of development sites, with a cumulative addition of 5,000 square feet or greater of impervious surfaces after October 1, 2004, are required to satisfy the performance standards within § 255-7C(1)(a)[1] and [2].

(d)

The amount of pollutant control previously required for the site shall not be reduced as a result of the proposed development or disturbance.

(e)

When designing BMPs, runoff draining to the BMP from off-site areas shall be taken into account in determining the treatment efficiency of the practice. Any impact on the BMP efficiency shall be compensated for by increasing the size of the BMP accordingly. The pollutant load reduction provided by the BMP for an off-site area shall not be used to satisfy the required on-site pollutant load reduction, unless otherwise approved by the administering authority in accordance with § 255-7E.

(f)

If the design cannot meet the water quality performance standards of § 255-7C(1)(a) through (e), the stormwater management plan shall include a written, site-specific explanation of why the water quality performance standard cannot be met and why the pollutant load will be reduced only to the maximum extent practicable. Except as provided in § 255-7F, the administering authority may not require any person to exceed the applicable water quality performance standard to meet the requirements of maximum extent practicable.

(2)

Peak discharge. BMPs shall be designed, installed and maintained to control peak discharges from the post-construction site.

(a)

The following is required for post-construction sites with one or more of the following: 5,000 square feet or more of impervious surface disturbance, or one acre or more of land disturbance:

[1]

The peak post-development discharge rate shall not exceed the peak pre-development discharge rate for the one-year, two-year, ten-year, and one-hundred-year, twenty-four-hour design storms. These peak discharge requirements apply to new development and redevelopment areas. No peak discharge control is required for routine maintenance areas, unless runoff from the routine maintenance area discharges into a proposed peak flow control facility.

[2]

Peak discharge calculations shall use TR-55 methodology. Atlas 14 rainfall depths and the MSE4 rainfall distribution shall be used unless the site is to be served by a previously constructed peak discharge facility. At the permittee's discretion, the TP-40 rainfall depths and the Type II rainfall distribution can be used for sites that are to be served by a previously constructed peak discharge facility. The meaning of "hydrologic soil group" and "runoff curve number" are as determined in TR-55. Unless the site is currently woodland, peak pre-development discharge rates shall be determined using the following runoff curve numbers for a "meadow" vegetative cover:

Maximum Pre-Development Runoff Curve Numbers
	Hydrologic Soil Group
Vegetative Cover	A	B	C	D
Meadow	30	58	71	78
Woodland	30	55	70	77

(b)

For post-construction sites with less than 5,000 square feet of impervious surface disturbance, prepare a plan that shows how the peak post-development discharge rates are reduced using BMPs from the Town of Greenville Stormwater Reference Guide or other practices approved by the administering authority.[2] If 90% of the proposed impervious surfaces discharge to BMPs, these sites are not required to satisfy a numeric performance standard.

[2]

Editor's Note: Said reference guide is on file at the Town Hall and available at townofgreenville.com.

(c)

Sites with a cumulative addition of 5,000 square feet or greater of impervious surfaces after October 1, 2004, are required to satisfy the performance standards within § 255-7C(2)(a)[1] and [2].

(d)

The amount of peak discharge control previously required for the site shall not be reduced as a result of the proposed development or disturbance.

(e)

When designing BMPs, runoff draining to the BMP from off-site areas shall be taken into account in determining the performance of the practice. Any impact on the BMP performance shall be compensated for by increasing the size of the BMP accordingly. The peak discharge reduction provided by the BMP for an off-site area shall not be used to satisfy the required on-site peak discharge reduction, unless otherwise approved by the administering authority in accordance with § 255-7E.

(f)

An adequate outfall shall be provided for each point of concentrated discharge from the post-construction site and shall:

[1]

Consist of nonerosive discharge velocities and reasonable downstream conveyance.

[2]

Discharge to the municipal separate storm sewer system, waters of the state, or an appropriate drainage easement. If a site is not able to meet this requirement, the adequate outfall may be permitted if it diffuses the outfall within the site boundary in accordance with the Town of Greenville Stormwater Reference Guide.

(g)

New buildings with basements shall be designed to provide a minimum one foot of vertical separation between the lowest floor surface and the estimated high groundwater level. If less than one foot of vertical separation is provided, groundwater flow shall be estimated for each basement during site or subdivision design. In addition, the on-site stormwater systems shall be designed to accommodate the additional water flow and volume from groundwater.

(h)

New development sites that discharge to direct conduits to groundwater shall be designed in conformance with Chapter 38 of the Outagamie County Code of Ordinances.

(i)

New development sites located near a closed depression and/or flood-prone area shall be designed to provide a minimum one foot of vertical separation between the lowest ground surface elevation at the building's perimeter and the overland relief elevation for the flood-prone area. The Town of Greenville maintains a Flood-Prone Area Map to assist with identifying higher risk areas. If less than one foot of vertical separation is provided, a detailed stormwater analysis shall be performed to identify and reasonably manage one-hundred-year flooding risks for buildings or structures located within the flood-prone area. Overland flow paths for the one-hundred-year, twenty-four-hour design rainfall event shall be identified for existing and proposed depressions. The minimum finished ground elevation at a building's perimeter shall be a minimum one foot above the depression's one-hundred-year, twenty-four-hour water surface elevation. The minimum finished ground elevation at a building's perimeter shall be depicted on the site's grading or drainage plan.

(j)

Agricultural production areas shall meet the intent of this article by following the BMPs listed in the Town of Greenville Stormwater Reference Guide.[3]

[3]

Editor's Note: Said reference guide is on file at the Town Hall and available at townofgreenville.com.

(k)

Exemptions. The peak discharge performance standards do not apply to the following:

[1]

A transportation facility where the discharge is directly into a lake over 5,000 acres or a stream or river segment draining more than 500 square miles.

[2]

Except as provided under § 255-7C(2)(d) to (f), a highway reconstruction site.

[3]

Except as provided under § 255-7C(2)(d) to (f), a transportation facility that is part of a redevelopment project.

(3)

Infiltration. Best management practices shall be designed, installed, and maintained to infiltrate runoff from the post-construction site, except as provided in § 255-7C(3)(i) through (m).

(a)

The following is required for post-construction sites with one or more of the following: 20,000 square feet or more of impervious surface disturbance or one acre or more of land disturbance:

[1]

Low imperviousness. For development up to forty-percent connected imperviousness, such as parks, cemeteries, and low-density residential development, infiltrate sufficient runoff volume so that the post-development infiltration volume shall be at least 90% of the pre-development infiltration volume, based on an average annual rainfall. However, when designing appropriate infiltration systems to meet this requirement, no more than 1% of the post-construction site is required as an effective infiltration area.

[2]

Moderate imperviousness. For development with more than forty-percent and up to eighty-percent connected imperviousness, such as medium- and high-density residential, multifamily development, industrial and institutional development, and office parks, infiltrate sufficient runoff volume so that the post-development infiltration volume shall be at least 75% of the pre-development infiltration volume, based on an average annual rainfall. However, when designing appropriate infiltration systems to meet this requirement, no more than 2% of the post-construction site is required as an effective infiltration area.

[3]

High imperviousness. For development with more than eighty-percent connected imperviousness, such as commercial strip malls, shopping centers, and commercial downtowns, infiltrate sufficient runoff volume so that the post-development infiltration volume shall be at least 60% of the pre-development infiltration volume, based on an average annual rainfall. However, when designing appropriate infiltration systems to meet this requirement, no more than 2% of the post-construction site is required as an effective infiltration area.

(b)

The pre-development condition shall assume "good hydrologic conditions" for appropriate land covers as identified in TR-55 or an equivalent methodology approved by the administering authority. The meaning of "hydrologic soil group" and "runoff curve number" are as determined in TR-55. The actual pre-development vegetative cover and the following pre-development runoff curve numbers shall be used:

Maximum Pre-Development Runoff Curve Numbers
	Hydrologic Soil Group
Vegetative Cover	A	B	C	D
Woodland	30	55	70	77
Grassland	39	61	71	78
Cropland	55	69	78	83

(c)

For post-construction sites with less than 20,000 square feet of new impervious surfaces, infiltrate runoff volume using BMPs from the Town of Greenville Stormwater Reference Guide or other practices approved by the administering authority. These sites are not required to satisfy a numeric performance standard.

(d)

Sites with a cumulative addition of 20,000 square feet or greater of impervious surfaces after October 1, 2004, are required to satisfy the performance standards within § 255-7C(3)(a) and (b).

(e)

The amount of infiltration previously required for the site shall not be reduced as a result of the proposed development or disturbance.

(f)

Agricultural production areas shall infiltrate runoff volume using BMPs from the Town of Greenville Stormwater Reference Guide.[4]

[4]

Editor's Note: Said reference guide is on file at the Town Hall and available at townofgreenville.com.

(g)

When designing BMPs, runoff draining to the BMP from off-site areas shall be taken into account in determining the performance of the practice. Any impact on the BMP performance shall be compensated for by increasing the size of the BMP accordingly. The runoff volume reduction provided by the BMP for an off-site area shall not be used to satisfy the required on-site runoff volume reduction, unless otherwise approved by the administering authority in accordance with § 255-7E.

(h)

Pretreatment. Before infiltrating runoff, pretreatment shall be required for parking lot runoff and for runoff from road construction in commercial, industrial and institutional areas that will enter an infiltration system. The pretreatment shall be designed to protect the infiltration system from clogging prior to scheduled maintenance and to protect groundwater quality in accordance with § 255-7C(3)(o). Pretreatment options may include, but are not limited to, oil/grease separation, sedimentation, biofiltration, filtration, swales or filter strips.

(i)

Source area prohibitions. Runoff from the following areas may not be infiltrated and may not qualify as contributing to meeting the requirements of § 255-7C(3) unless demonstrated to meet the conditions of § 255-7C(3)(o):

[1]

Areas associated with a Tier 1 industrial facility identified in § NR 216.21(2)(a), Wis. Adm. Code, including storage, loading, and parking. Rooftops may be infiltrated with the concurrence of the administering authority.

[2]

Storage and loading areas of a Tier 2 industrial facility identified in § NR 216.21(2)(b), Wis. Adm. Code.

[3]

Fueling and vehicle maintenance areas. Rooftops of fueling and vehicle maintenance areas may be infiltrated with the concurrence of the administering authority.

[4]

Agricultural production areas that contain livestock, animal waste, or feed storage.

(j)

Source area exemptions. Runoff from the following areas may be credited toward meeting the requirement when infiltrated, but the decision to infiltrate runoff from these sources is optional:

[1]

Parking areas and access roads less than 5,000 square feet for commercial development.

[2]

Parking areas and access roads less than 5,000 square feet for industrial development not subject to the prohibitions under § 255-7C(3)(i).

[3]

Except as provided under § 255-7C(3)(e), redevelopment and routine maintenance areas.

[4]

Infill development areas less than five acres.

[5]

Roads in commercial, industrial and institutional land uses, and arterial residential roads.

[6]

Except as provided under § 255-7C(3)(e), transportation facility highway reconstruction and new highways.

(k)

Prohibitions. Infiltration practices may not be located in the following areas:

[1]

Areas within 1,000 feet upgradient or within 100 feet downgradient of direct conduits to groundwater.

[2]

Areas within 400 feet of a community water system well as specified in § NR 811.16(4), Wis. Adm. Code, or within the separation distances listed in § NR 812.08, Wis. Adm. Code, for any private well or noncommunity well for runoff infiltrated from commercial, including multifamily residential, industrial, and institutional land uses or regional devices for one- and two-family residential development.

[3]

Areas where contaminants of concern, as defined in § NR 720.03(2), Wis. Adm. Code, are present in the soil through which infiltration will occur.

(l)

Separation distances.

[1]

Infiltration practices shall be located so that the characteristics of the soil and the separation distance between the bottom of the infiltration system and the elevation of seasonal high groundwater or the top of bedrock are in accordance with the following:

Separation Distances and Soil Characteristics
Source Area	Separation Distance (feet)	Soil Characteristics
Industrial, commercial, institutional parking lots and roads	5 or more	Filtering layer
Residential arterial roads	5 or more	Filtering layer
Roofs draining to subsurface infiltration practices	1 or more	Native or engineered soil with particles finer than coarse sand
Roofs draining to surface infiltration practices	Not applicable
All other impervious source areas	3 or more	Filtering layer

[2]

Notwithstanding § 255-7C(3)(l)[1], applicable requirements for injection wells classified under Ch. NR 815, Wis. Adm. Code, shall be followed.

(m)

Infiltration rate exemptions. Infiltration practices located in the following areas may be credited toward meeting the requirement under the following conditions, but the decision to infiltrate under these conditions is optional:

[1]

Where the infiltration rate of the soil measured at the proposed bottom of the infiltration system is less than 0.6 inch per hour using a scientifically credible field test method.

[2]

Where the least permeable soil horizon to five feet below the proposed bottom of the infiltration system using the U.S. Department of Agriculture method of soils analysis is one of the following: sandy clay loam, clay loam, silty clay loam, sandy clay, silty clay, or clay.

(n)

Alternate uses. Where alternate uses of runoff are employed, such as for toilet flushing, laundry or irrigation or storage on green roofs where an equivalent portion of the runoff is captured permanently by rooftop vegetation, such alternate use shall be given equal credit toward the infiltration volume required by § 255-7C(3).

(o)

Groundwater standards.

[1]

Infiltration systems designed in accordance with this § 255-7C(3) shall, to the extent technically and economically feasible, minimize the level of pollutants infiltrating to groundwater and shall maintain compliance with the preventive action limit at a point of standards application in accordance with Ch. NR 140, Wis. Adm. Code. However, if site-specific information indicates that compliance with a preventive action limit is not achievable, the infiltration BMP may not be installed or shall be modified to prevent infiltration to the maximum extent practicable.

[2]

Notwithstanding § 255-7C(3)(o)[1], the discharge from BMPs shall remain below the enforcement standard at the point of standards application.

(p)

Where the conditions of § 255-7C(3)(i) through (m) limit or restrict the use of infiltration practices, the performance standard of § 255-7C(3) shall be met to the maximum extent practicable.

(4)

Protective areas.

(a)

"Protective area" means an area of land that commences at the top of the channel of lakes, streams and rivers, or at the delineated boundary of wetlands, and that is the greatest of the following widths, as measured horizontally from the top of the channel or delineated wetland boundary to the closest impervious surface. However, in § 255-7C(4), "protective area" does not include any area of land adjacent to any stream enclosed within a pipe or culvert, such that runoff cannot enter the enclosure at this location.

[1]

For outstanding resource waters and exceptional resource waters, 75 feet.

[2]

For perennial and intermittent streams identified on a United States geological survey 7.5-minute series topographic map or a county soil survey map, whichever is more current, 50 feet.

[3]

For lakes, 50 feet.

[4]

For wetlands not subject to § 255-7C(4)(a)[5] or [6], 50 feet.

[5]

For highly susceptible wetlands, 75 feet. Highly susceptible wetlands include the following types: calcareous fens, sedge meadows, open and coniferous bogs, low prairies, coniferous swamps, lowland hardwood swamps, and ephemeral ponds.

[6]

For less susceptible wetlands, 10% of the average wetland width, but no less than 10 feet nor more than 30 feet. Less susceptible wetlands include degraded wetlands dominated by invasive species such as reed canary grass; cultivated hydric soils; and any gravel pits, or dredged material or fill material disposal sites that take on the attributes of a wetland.

[7]

In § 255-7C(4)(a)[4] to [6], determinations of the extent of the protective area adjacent to wetlands shall be made on the basis of the sensitivity and runoff susceptibility of the wetland in accordance with the standards and criteria in § NR 103.03, Wis. Adm. Code.

[8]

Wetlands shall be delineated. Wetland boundary delineations shall be made in accordance with § NR 103.08(1m), Wis. Adm. Code. Section 255-7C(4) does not apply to wetlands that have been completely filled in compliance with all applicable state and federal regulations. The protective area for wetlands that have been partially filled in compliance with all applicable state and federal regulations shall be measured from the wetland boundary delineation after fill has been placed. Where there is a legally authorized wetland fill, the protective area standard need not be met in that location.

[9]

For concentrated flow channels with drainage areas greater than 130 acres, 10 feet.

[10]

Notwithstanding § 255-7C(4)(a)[1] to [9], the greatest protective area width shall apply where rivers, streams, lakes, and wetlands are contiguous.

(b)

Section 255-7C(4) applies to all post-construction sites located within a protective area, except those areas exempted pursuant to § 255-7C(4)(e).

(c)

The following requirements shall be met:

[1]

Impervious surfaces shall be kept out of the protective area entirely or to the maximum extent practicable. If there is no practical alternative to locating an impervious surface in the protective area, the stormwater management plan shall contain a written, site-specific explanation.

[2]

Where land-disturbing construction activity occurs within a protective area, adequate sod or self-sustaining vegetative cover of 70% or greater shall be established and maintained where no impervious surface is present. The adequate sod or self-sustaining vegetative cover shall be sufficient to provide for bank stability, maintenance of fish habitat, and filtering of pollutants from upslope overland flow areas under sheet flow conditions. Nonvegetative materials, such as rock riprap, may be employed on the bank as necessary to prevent erosion, such as on steep slopes or where high-velocity flows occur.

[3]

Best management practices, such as filter strips, swales, or wet detention ponds, that are designed to control pollutants from nonpoint sources, may be located in the protective area.

(d)

A protective area established or created after October 1, 2004, shall not be eliminated or reduced, except as allowed in § 255-7C(4)(e)[2], [3], or [4].

(e)

Exemptions. The following areas are not required to meet the protective area requirements of § 255-7C(4):

[1]

Redevelopment and routine maintenance areas, provided that the minimum requirements within § 255-7C(4)(d) are satisfied.

[2]

Structures that cross or access surface waters such as boat landings, bridges and culverts.

[3]

Structures constructed in accordance with § 59.692(1v), Wis. Stats.

[4]

Areas of post-construction sites from which the runoff does not enter the surface water, including wetlands, without first being treated by a BMP to meet the requirements of § 255-7C(1) and (2), except to the extent that vegetative ground cover is necessary to maintain bank stability.

(5)

Fueling and vehicle maintenance areas. Fueling and vehicle maintenance areas shall have BMPs designed, installed and maintained to reduce petroleum within runoff, so that the runoff that enters waters of the state contains no visible petroleum sheen, or to the maximum extent practicable.

(6)

Swale treatment for transportation facilities. This § 255-7C(6) is not applicable to transportation facilities that are part of a larger common plan of development or sale.

(a)

Requirement. Except as provided in § 255-7C(6)(b), transportation facilities that use swales for runoff conveyance and pollutant removal are exempt from the requirements of § 255-7C(1), (2), and (3), if the swales are designed to do all of the following or to the maximum extent practicable:

[1]

Swales shall be vegetated. However, where appropriate, nonvegetative measures may be employed to prevent erosion or provide for runoff treatment, such as rock riprap stabilization or check dams.

[2]

Swales shall comply with the Wisconsin Department of Natural Resources Technical Standard 1005, "Vegetated Infiltration Swale," except as otherwise authorized in writing by the Wisconsin Department of Natural Resources.

(b)

Other requirements. Notwithstanding § 255-7C(6)(a), the administering authority may, consistent with water quality standards, require that other requirements, in addition to swale treatment, be met on a transportation facility with an average daily traffic rate greater than 2,500 and where the initial surface water of the state that the runoff directly enters is any of the following:

[1]

An outstanding resource water.

[2]

An exceptional resource water.

[3]

Waters listed in Section 303(d) of the federal Clean Water Act that are identified as impaired in whole or in part, due to nonpoint source impacts.[5]

[5]

Editor's Note: See 33 U.S.C. § 1313(d).

[4]

Waters where targeted performance standards are developed pursuant to § NR 151.004, Wis. Adm. Code.

(7)

Exemptions. The following areas are not required to meet the performance standards within § 255-7C:

(a)

Underground utility construction such as water, sewer, gas, electric, telephone, cable television, and fiber optic lines. This exemption does not apply to the construction of any aboveground structures associated with utility construction.

(b)

The following transportation facilities are exempt, provided that the transportation facility is not part of a larger common plan of development or sale.

[1]

A transportation facility post-construction site with less than ten-percent connected imperviousness, based on the area of land disturbance, provided that the cumulative area of all impervious surfaces is less than one acre. Notwithstanding this exemption, the protective area requirements of § 255-7C(4) still apply.

[2]

Reconditioning or resurfacing of a highway.

[3]

Minor reconstruction of a highway. Notwithstanding this exemption, the protective area requirements of § 255-7C(4) apply to minor reconstruction of a highway.

[4]

Routine maintenance for transportation facilities that have less than five acres of land disturbance if performed to maintain the original line and grade, hydraulic capacity or original purpose of the facility.

[5]

Routine maintenance if performed for stormwater conveyance system cleaning.

General considerations for on-site and off-site stormwater management measures. The following considerations shall be observed in managing runoff:

(1)

Natural topography and land cover features, such as natural swales, natural depressions, native soil infiltrating capacity, and natural groundwater recharge areas, shall be preserved and used, to the extent possible, to meet the requirements of this section.

(2)

Emergency overland flow for all stormwater facilities shall be provided to prevent exceeding the safe capacity of downstream drainage facilities and prevent endangerment of downstream property or public safety.

Best management practice location and credit.

(1)

General. To comply with § 255-7C performance standards, the BMPs may be located on site or off site as part of a regional stormwater device, practice or system.

(2)

Off-site or regional BMP.

(a)

The amount of credit that the administering authority may give an off-site or regional BMP for purposes of determining compliance with the performance standards of § 255-7C is limited to the treatment capability or performance of the BMP.

(b)

The administering authority may authorize credit for an off-site or regional BMP, provided that all of the following conditions are satisfied:

[1]

The BMP received all applicable permits.

[2]

The BMP shall be installed and operational before the construction site has undergone final stabilization.

[3]

The BMP shall be designed and adequately sized to provide a level of stormwater control equal to or greater than that which would be afforded by on-site BMPs meeting the § 255-7C performance standards.

[4]

The owner of the BMP has entered into a § 255-10 maintenance agreement with the Town of Greenville, or another municipal entity, such that the BMP has a legally obligated entity responsible for its long-term operation and maintenance. Legal authority exists if a municipality owns, operates and maintains the BMP.

[5]

The owner of the BMP has provided written authorization which indicates the permit applicant may use the BMP for § 255-7C performance standard compliance.

[6]

Where an off-site or regional BMP option exists such that the administering authority exempts the applicant from all or part of the minimum on-site stormwater management requirements, the applicant shall be required to pay a fee in an amount determined in negotiation with the administering authority. In determining the fee for post-construction runoff, the administering authority shall consider an equitable distribution of the cost for land, engineering design, construction, and maintenance of the off-site or regional BMP.

(3)

Best management practice in nonnavigable waters. For purposes of determining compliance with the performance standards of § 255-7C, the administering authority may give credit for BMPs that function to provide treatment for runoff from existing development and post-construction runoff from new development, redevelopment, and routine maintenance areas and that are located within nonnavigable waters.

(4)

Best management practice in navigable waters.

(a)

New development runoff. Except as allowed under § 255-7E(4)(b), BMPs designed to treat post-construction runoff from new development areas may not be located in navigable waters, and for purposes of determining compliance with the performance standards of § 255-7C, the administering authority may not give credit for such BMPs.

(b)

New development runoff exemption. Best management practices to treat post-construction runoff from new development areas may be located within navigable waters and may be creditable by the administering authority under § 255-7C, if all the following are met:

[1]

The BMP was constructed prior to October 1, 2002, and received all applicable permits.

[2]

The BMP functions or will function to provide runoff treatment for the new development area.

(c)

Existing development and post-construction runoff from redevelopment, routine maintenance, and infill development areas. Except as provided in § 255-7E(4)(d), BMPs designed to treat post-construction runoff for existing development and post-construction runoff from redevelopment, routine maintenance and infill development areas may not be located in navigable waters, and for purposes of determining compliance with the performance standards of § 255-7C, the administering authority may not give credit for such BMPs.

(d)

Existing development and post-construction runoff from redevelopment, routine maintenance, and infill development areas exemption. Best management practices that function to provide treatment of runoff from existing development and post-construction runoff from redevelopment, routine maintenance and infill development areas may be located within navigable waters, and for purposes of determining compliance with the performance standards of § 255-7C, the administering authority may give credit for such BMPs, if any of the following are met:

[1]

The BMP was constructed, contracts were signed or bids advertised and all applicable permits were received prior to January 1, 2011.

[2]

The BMP is on an intermittent waterway and all applicable permits are received.

(5)

Water quality trading. To comply with § 255-7C(1) performance standards, the administering authority may authorize credit for water quality trading, provided that all of the following conditions are satisfied:

(a)

The treatment practices associated with a water quality trade shall be in place, effective and operational before credit can be authorized.

(b)

The water quality trade shall comply with applicable trading ratios established by the Wisconsin Department of Natural Resources or the Town of Greenville.

(c)

The water quality trade shall comply with applicable regulations, standards, and guidance developed by the Wisconsin Department of Natural Resources or the Town of Greenville.

(d)

The responsible party shall furnish a copy of executed water quality trading agreements or other related information deemed necessary by the administering authority in order to authorize credit.

Targeted performance standards. The administering authority may establish numeric water quality requirements that are more stringent than those set forth in § 255-7C in order to meet targeted performance standards, total maximum daily loads, and/or water quality standards for a specific water body or area. The numeric water quality requirements may be applicable to any permitted site, regardless of the size of land-disturbing construction activity.

Alternate requirements. The administering authority may establish stormwater management requirements more stringent than those set forth in this section if the administering authority determines that an added level of protection is needed to protect sensitive resources. Also, the administering authority may establish stormwater management requirements less stringent than those set forth in this section if the administering authority determines that less protection is needed to protect sensitive resources and provide reasonable flood protection. However, the alternative requirements shall not be less stringent than those requirements promulgated in rules by Wisconsin Department of Natural Resources under Ch. NR 151, Wis. Adm. Code. The established additional requirements shall be provided to the applicant in writing.

§ 255-8 Permitting requirements, procedures and fees.

Permit required. No responsible party may undertake a land-disturbing construction activity without receiving a post-construction runoff permit from the administering authority prior to commencing the proposed activity.

Permit application and fees. Unless specifically excluded by this article, any responsible party desiring a permit shall submit to the administering authority a permit application made on a form provided by the administering authority for that purpose.

(1)

Unless otherwise excepted by this article, a permit application must be accompanied by a stormwater management plan, a maintenance agreement and a nonrefundable permit administration fee.

(2)

The stormwater management plan shall be prepared to meet the requirements of § 255-7 and § 255-9, the maintenance agreement shall be prepared to meet the requirements of § 255-10, the financial guarantee shall meet the requirements of § 255-11, and fees shall be those established by the Town Board as set forth in § 255-12.

Review and approval of permit application. The administering authority shall review any permit application that is submitted with a stormwater management plan, maintenance agreement, and the required fee. The following approval procedure shall be used:

(1)

Within 20 business days of the receipt of a complete permit application, including all items as required by § 255-8B, the administering authority shall inform the applicant whether the application, plan and maintenance agreement are approved or disapproved based on the requirements of this article.

(2)

If the stormwater permit application, plan and maintenance agreement are approved or if an agreed upon payment of fees in lieu of stormwater management practices is made pursuant to § 255-7E, the administering authority shall issue the permit.

(3)

If the stormwater permit application, plan or maintenance agreement is disapproved, the administering authority shall detail in writing the reasons for disapproval.

(4)

The administering authority may request additional information from the applicant. If additional information is submitted, the administering authority shall have 20 business days from the date the additional information is received to inform the applicant that the plan and maintenance agreement are either approved or disapproved.

(5)

Failure by the administering authority to inform the permit applicant of a decision within 20 business days of a required submittal shall be deemed to mean approval of the submittal, and the applicant may proceed as if a permit had been issued.

Permit requirements. All permits issued under this article shall be subject to the following conditions, and holders of permits issued under this article shall be deemed to have accepted these conditions. The administering authority may suspend or revoke a permit for violation of a permit condition, following written notification of the responsible party. An action by the administering authority to suspend or revoke this permit may be appealed in accordance with § 255-14.

(1)

Compliance with this permit does not relieve the responsible party of the responsibility to comply with other applicable federal, state, and local laws and regulations.

(2)

The responsible party shall design and install all structural and nonstructural stormwater management measures in accordance with the approved stormwater management plan and this permit.

(3)

The responsible party shall notify the administering authority at least 10 business days before commencing any work in conjunction with the stormwater management plan and within 10 business days upon completion of the stormwater management practices. If required as a special condition under § 255-8E, the responsible party shall make additional notification according to a schedule set forth by the administering authority so that practice installations can be inspected during construction.

(4)

Practice installations required as part of this article shall be certified "as built" by a licensed professional engineer. Completed stormwater management practices must pass a final inspection by the administering authority or its designee to determine if they are in accordance with the approved stormwater management plan and article. The administering authority or its designee shall notify the responsible party in writing of any changes required in such practices to bring them into compliance with the conditions of this permit.

(5)

The responsible party shall notify the administering authority of any significant modifications it intends to make to an approved stormwater management plan. The administering authority may require that the proposed modifications be submitted to it for approval prior to incorporation into the stormwater management plan and execution by the responsible party.

(6)

The responsible party shall inspect BMPs annually and after runoff events in accordance with the stormwater management plan and maintenance agreement. The responsible party shall have a licensed professional submit a stamped written inspection report to the administering authority for review and approval every five years. All written inspection reports prepared by the responsible party shall accompany the stamped report prepared by the licensed professional.

(7)

The responsible party shall maintain all stormwater management practices in accordance with the stormwater management plan until the practices either become the responsibility of the Town of Greenville or are transferred to subsequent private owners as specified in the approved maintenance agreement.

(8)

The responsible party authorizes the administering authority to perform any work or operations necessary to bring stormwater management measures into conformance with the approved stormwater management plan and consents to a special assessment or charge against the property as authorized under Subch. VII of Ch. 66, Wis. Stats., or to charging such costs against the financial guarantee posted under § 255-11.

(9)

If so directed by the administering authority, the responsible party shall repair at the responsible party's own expense all damage to adjoining municipal facilities and drainageways caused by runoff, where such damage is caused by activities that are not in compliance with the approved stormwater management plan.

(10)

The responsible party shall permit property access to the administering authority or its designee for the purpose of inspecting the property for compliance with the approved stormwater management plan and this permit.

(11)

Where site development or redevelopment involves changes in direction, increases in peak rate and/or total volume of runoff from a site, the administering authority may require the responsible party to make appropriate legal arrangements with affected property owners concerning the prevention of endangerment to property or public safety.

(12)

The responsible party is subject to the enforcement actions and penalties detailed in § 255-13, if the responsible party fails to comply with the terms of this permit.

(13)

The permit applicant shall post the "certificate of permit coverage" in a conspicuous location at the construction site.

Permit conditions. Permits issued under this subsection may include conditions established by administering authority in addition to the requirements needed to meet the performance standards in § 255-7 or a financial guarantee as provided for in § 255-11.

Permit duration. Permits issued under this section shall be valid from the date of issuance through the date the administering authority notifies the responsible party that all stormwater management practices have passed the final inspection required under § 255-8D(4).

Alternate requirements. The administering authority may prescribe alternative requirements for applicants seeking an exemption to on-site stormwater management performance standards under § 255-7E or for applicants seeking a permit for a post-construction site with less than 20,000 square feet of impervious surface disturbance.

§ 255-9 Stormwater management plan.

Plan requirements. The stormwater management plan required under § 255-7B and § 255-8B shall comply with the Town of Greenville Stormwater Reference Guide[1] and contain at a minimum the following information:

(1)

Name, address, and telephone number of the landowner and responsible parties.

(2)

A legal description of the property proposed to be developed.

(3)

Pre-development site map with property lines, disturbed limits, and drainage patterns.

(4)

Post-development site map with property lines, disturbed limits, and drainage patterns.

(a)

Total area of disturbed impervious surfaces within the site.

(b)

Total area of new impervious surfaces within the site.

(c)

Performance standards applicable to site.

(d)

Proposed best management practices.

(e)

Groundwater, bedrock, and soil limitations.

(f)

Separation distances. Stormwater management practices shall be adequately separated from wells to prevent contamination of drinking water.

(5)

Inspection and maintenance schedules for stormwater BMPs.

[1]

Editor's Note: Said reference guide is on file at the Town Hall and available at townofgreenville.com.

Alternate requirements. The administering authority may prescribe alternative submittal requirements for applicants seeking an exemption to on-site stormwater management performance standards under § 255-7E or for applicants seeking a permit for a post-construction site with less than 20,000 square feet of impervious surface disturbance.

§ 255-10 Maintenance agreement.

Maintenance agreement required. The maintenance agreement required under § 255-8B for stormwater management practices shall be an agreement between the Town of Greenville and the responsible party to provide for maintenance of stormwater practices beyond the duration period of this permit. The maintenance agreement shall be filed with the County Register of Deeds as a property deed restriction so that it is binding upon all subsequent owners of the land served by the stormwater management practices.

Agreement provisions. The maintenance agreement shall contain the following information and provisions and be consistent with the plan required by § 255-8B:

(1)

Identification of the stormwater facilities and designation of the drainage area served by the facilities.

(2)

A schedule for regular maintenance of each aspect of the stormwater management system consistent with the stormwater management plan required under § 255-8B.

(3)

Identification of the responsible party(s), organization or city, county, town or village responsible for long-term maintenance of the stormwater management practices identified in the stormwater management plan required under § 255-8B.

(4)

Requirement that the responsible party(s), organization, or city, county, town or village shall maintain stormwater management practices in accordance with the schedule included in § 255-10B(2).

(5)

Authorization for the administering authority to access the property to conduct inspections of stormwater management practices as necessary to ascertain that the practices are being maintained and operated in accordance with the agreement.

(6)

A requirement on the administering authority to maintain public records of the results of the site inspections, to inform the responsible party responsible for maintenance of the inspection results, and to specifically indicate any corrective actions required to bring the stormwater management practice into proper working condition.

(7)

Agreement that the party designated under § 255-10B(3), as responsible for long-term maintenance of the stormwater management practices, shall be notified by the administering authority of maintenance problems which require correction. The specified corrective actions shall be undertaken within a reasonable time frame as set by the administering authority.

(8)

Authorization of the administering authority to perform the corrected actions identified in the inspection report if the responsible party designated under § 255-10B(3) does not make the required corrections in the specified time period. The administering authority shall enter the amount due on the tax rolls and collect the money as a special charge against the property pursuant to Subch. VII of Ch. 66, Wis. Stats.

§ 255-11 Financial guarantee.

Establishment of the guarantee. The administering authority may require the submittal of a financial guarantee, the form and type of which shall be acceptable to the administering authority. The financial guarantee shall be in an amount determined by the administering authority to be the estimated cost of construction and the estimated cost of maintenance of the stormwater management practices during the period which the designated party in the maintenance agreement has maintenance responsibility. The financial guarantee shall give the administering authority the authorization to use the funds to complete the stormwater management practices if the responsible party defaults or does not properly implement the approved stormwater management plan, upon written notice to the responsible party by the administering authority that the requirements of this article have not been met.

Conditions for release. Conditions for the release of the financial guarantee are as follows:

(1)

The administering authority shall release the portion of the financial guarantee established under this section, less any costs incurred by the administering authority to complete installation of practices, upon submission of "as built plans" by a licensed professional engineer. The administering authority may make provisions for a partial pro rata release of the financial guarantee based on the completion of various development stages.

(2)

The administering authority shall release the portion of the financial guarantee established under this section to assure maintenance of stormwater practices, less any costs incurred by the administering authority, at such time that the responsibility for practice maintenance is passed on to another entity via an approved maintenance agreement.

§ 255-12 Fee schedule.

The fees referred to in other sections of this article shall be established by the Town Board and may from time to time be modified by resolution. A schedule of the fees established by the Town Board shall be available for review in the Town Hall.

§ 255-13 Enforcement; violations and penalties.

Any land-disturbing construction activity or post-construction runoff initiated after the effective date of this article by any person, firm, association, or corporation subject to the article provisions shall be deemed a violation unless conducted in accordance with the requirements of this article.

The administering authority shall notify the responsible party by certified mail of any noncomplying land-disturbing construction activity or post-construction runoff. The notice shall describe the nature of the violation, remedial actions needed, a schedule for remedial action, and additional enforcement action which may be taken.

Upon receipt of written notification from the administering authority under Subsection B, the responsible party shall correct work that does not comply with the stormwater management plan or other provisions of this permit. The responsible party shall make corrections as necessary to meet the specifications and schedule set forth by the administering authority in the notice.

If the violations to a permit issued pursuant to this article are likely to result in damage to properties, public facilities, or waters of the state, the administering authority may enter the land and take emergency actions necessary to prevent such damage. The costs incurred by the administering authority plus interest and legal costs shall be billed to the responsible party.

The administering authority is authorized to post a stop-work order on all land-disturbing construction activity that is in violation of this article or to request the Town Attorney to obtain a cease-and-desist order in any court with jurisdiction.

The administering authority may revoke a permit issued under this article for noncompliance with article provisions.

Any permit revocation, stop-work order, or cease-and-desist order shall remain in effect unless retracted by the administering authority or by a court with jurisdiction.

The administering authority is authorized to refer any violation of this article, or of a stop-work order or cease-and-desist order issued pursuant to this article, to the Town Attorney for the commencement of further legal proceedings in any court with jurisdiction.

Any person, firm, association, or corporation which does not comply with the provisions of this article shall be subject to a forfeiture amount set from time to time by ordinance in the Fine and Forfeiture Schedule of the Town of Greenville. Each calendar day the violation exists shall be deemed a separate offense.

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 injunctional proceedings.

When the administering authority determines that the holder of a permit issued pursuant to this article has failed to follow practices set forth in the stormwater management plan or has failed to comply with schedules set forth in said stormwater management plan, the administering authority or a party designated by the administering authority may enter upon the land and perform the work or other operations necessary to bring the condition of said lands into conformance with requirements of the approved plan. The administering authority shall keep a detailed accounting of the costs and expenses of performing this work. These costs and expenses shall be deducted from any financial security posted pursuant to § 255-11 of this article. Where such a security has not been established or where such a security is insufficient to cover these costs, the costs and expenses shall be entered on the tax roll as a special charge against the property and collected with any other taxes levied thereon.

§ 255-14 Appeals.

Board of Appeals. The Board of Appeals, created pursuant to Article XXXIII of Chapter 320 and pursuant to § 60.65, Wis. Stats, shall hear and decide appeals where it is alleged that there is error in any order, decision or determination made by the administering authority in administering this article. The Board shall also use the rules, procedures, duties, and powers authorized by statute in hearing and deciding appeals. Upon appeal, the Board may authorize variances from the provisions of this article that are not contrary to the public interest and where owing to special conditions a literal enforcement of the article will result in unnecessary hardship.

Who may appeal. Appeals to the Board of Appeals may be taken by any aggrieved person or by an officer, department, board, or bureau of the Town of Greenville affected by any decision of the administering authority.

§ 255-14.1 Variances.

In any particular case where the landowner can show that, by reason of exceptional topography or other physical condition, strict compliance with any requirement of this article would cause unnecessary hardship, the Board of Appeals may grant a variance, provided that such relief may be granted without detriment to the public good and without impairing the intent and purpose of this article or the desirable general development of the Town. No variance shall be granted by the Board which is contrary to provisions of the Wisconsin Administrative Code or the Wisconsin Statutes.

§ 255-14.2 Severability.

If any section, clause, provision or portion of this article is judged unconstitutional or invalid by a court of competent jurisdiction, the remainder of the article shall remain in force and not be affected by such judgment.

§ 255-14.3 Limitations on municipal responsibility.

Nothing in this article creates or imposes, nor shall be construed to create or impose, any greater obligation or responsibility on the municipality which has adopted this article than those minimum requirements specifically required by State of Wisconsin Statutes and Department of Natural Resources regulations.

§ 255-14.4 Effective date.

This article shall be in force and effect from and after its adoption and publication. The above and foregoing article was duly adopted by the Town Board of the Town of Greenville on the 27th day of March 2017.

Article II: Illicit Discharge and Connection

[Adopted 5-12-2008]

§ 255-15 Purpose and intent.

The purpose of this article is to provide for the health, safety, environment and general welfare of the citizens of Town of Greenville through the regulation of nonstormwater discharges into waters of the state or the municipal separate storm sewer system (MS4) to the maximum extent practicable as required by federal and state law. This article 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 article are:

To regulate the contribution of pollutants into waters of the state or the MS4 by stormwater discharges by any user.

To prohibit illicit connections and discharges into waters of the state or the MS4.

To establish legal authority to carry out all inspection, surveillance, monitoring, and enforcement procedures necessary to ensure compliance with this article.

§ 255-16 Definitions.

For the purposes of this article, the following shall mean:

AUTHORIZED ENFORCEMENT AGENCY: Employees or designees of the Public Works Department of the Town of Greenville are designated to administer and enforce this article.

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.

CONSTRUCTION ACTIVITY: Activities subject to Town of Greenville construction permits per Chapter 117, Erosion and Sediment Control, or WPDES construction permits per Ch. NR 216 and Ch. 283, Wis. Stats.

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.

DEPARTMENT (DNR): The Wisconsin Department of Natural Resources.

DISCHARGE: As defined in Ch. 283, Wis. Stats., when used without qualification, includes a discharge of any pollutant.

DISCHARGE OF POLLUTANT or DISCHARGE OF POLLUTANTS: As defined in Ch. 283, Wis. Stats., means 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 CONNECTIONS: An illicit connection is defined as either of the following:

ILLICIT DISCHARGE: 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 water line 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 Public Works Department as a significant source of pollutants to waters of the state.

INDUSTRIAL ACTIVITY: Activities subject to WPDES industrial permits per Ch. NR 216 and Ch. 283, Wis. Stats.

MAXIMUM EXTENT PRACTICABLE (MEP): 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.

MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4): As defined in Wisconsin Administrative Code Ch. NR 216, 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:

MUNICIPALITY: 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.

NONSTORMWATER DISCHARGE: Any discharge to the MS4 that is not composed entirely of stormwater.

OUTFALL: The point at which stormwater is discharged to waters of the state or to a storm sewer.

OWNER: Any person holding fee title, an easement or other interest in property.

PERSON: An individual, owner, operator, corporation, partnership, association, municipality, interstate agency, state agency or federal agency.

POLLUTANT: 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.

POLLUTION: 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.

POLLUTION PREVENTION: Taking measures to eliminate or reduce pollution.

PREMISES: Any building, lot, parcel of land, or portion of land, whether improved or unimproved, including adjacent sidewalks and parking strips.

STORMWATER: 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 waters of the state or the MS4 to the maximum extent practicable.

WASTEWATER: Any water or other liquid, other than uncontaminated stormwater, discharged from a facility.

WATERCOURSE: 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 Outagamie 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., 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.

WISCONSIN POLLUTANT DISCHARGE ELIMINATION SYSTEM (WPDES) STORMWATER DISCHARGE PERMIT: A Wisconsin pollutant discharge elimination system permit issued pursuant to Wisconsin Statute 283.

§ 255-17 Applicability.

This article shall apply to all water and discharges entering waters of the state or the MS4 generated on any lands unless explicitly exempted by the Public Works Department.

§ 255-18 Responsibility for administration.

The Public Works Department shall administer, implement, and enforce the provisions of this article. Any powers granted or duties imposed upon the Public Works Department may be delegated in writing by the Director of the Public Works Department to persons or entities acting in the beneficial interest of or in the employ of the authorized enforcement agency.

§ 255-19 Compatibility with other regulations.

This article is not intended to modify or repeal any other ordinance, rule, regulation, or other provision of law. The requirements of this article are in addition to the requirements of any other ordinance, rule, regulation, or other provision of law, and where any provision of this article 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.

§ 255-20 Ultimate responsibility.

The standards set forth herein and promulgated pursuant to this article are minimum standards; therefore, this article does not intend or imply that compliance by any person will ensure that there will be no contamination, pollution, or unauthorized discharge of pollutants.

§ 255-21 Discharge prohibitions.

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.

Allowed discharges.

(1)

Water line 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 Public Works Department as a significant source of pollutants to waters of the state.

(2)

Discharges or flow from firefighting, and other discharges specified in writing by the Public Works Department as being necessary to protect public health and safety.

(3)

Discharges associated with dye testing; however, this activity requires a verbal notification to the Public Works Department and the Department of Natural Resources a minimum of one business day prior to the time of the test.

(4)

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 Public Works Department prior to allowing discharges to waters of the state or the MS4.

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 article 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 article must be disconnected and redirected, if necessary, to an approved on-site wastewater management system or the sanitary sewer system upon approval of the Public Works Department.

(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 Public Works Department 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 Public Works Department.

§ 255-22 Watercourse protection.

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.

§ 255-23 Compliance monitoring.

Right of entry; inspecting and sampling. The Public Works Department shall be permitted to enter and inspect properties and facilities subject to regulation under this article as often as may be necessary to determine compliance with this article.

(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 Public Works Department.

(2)

Facility owners and operators shall allow the Public Works Department ready access to all parts of the premises for the purposes of inspection, sampling, examination and copying of records.

(3)

The Public Works Department shall have the right to set up on any property or facility such devices as are necessary in the opinion of the Public Works Department to conduct monitoring and/or sampling of the facility's stormwater discharge.

(4)

The Public Works Department has the right to require the owner or operator to install monitoring equipment as necessary, and make the monitoring data available to the Public Works Department. 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 Public Works Department 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 Public Works Department access to a facility is a violation of this article. A person who is the operator of a facility commits an offense if the person denies the Public Works Department reasonable access to the facility for the purpose of conducting any activity authorized or required by this article.

Special inspection warrant. If the Public Works Department has been refused access to any part of the premises from which stormwater is discharged, and the Public Works Department 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, environment and welfare of the community, then the Public Works Department may seek issuance of a special inspection warrant per § 66.0119, Wis. Stats.[1]

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 255-24 Prevention, control, and reduction of stormwater pollutants by using best management practices.

The owner or operator of any activity, operation, or facility which may cause or contribute to pollution or contamination of stormwater shall provide, at their 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.

§ 255-25 Notification of spills.

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.

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 Public Works Department. In the event of a release of nonhazardous materials, said person shall notify the Public Works Department 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 Public Works Department 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.

Failure to provide notification of a release as provided above is a violation of this article.

§ 255-26 Violations, enforcement, and penalties.

Violations.

(1)

It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this article. Any person who has violated or continues to violate the provisions of this article 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.

(2)

In the event the violation constitutes an immediate danger to public health or public safety, the Public Works Department 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 Public Works Department is authorized to seek costs of the abatement as outlined in § 255-39.

Warning notice. When the Public Works Department finds that any person has violated, or continues to violate, any provision of this article, or any order issued hereunder, the Public Works Department 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 the subsection shall limit the authority of the Public Works Department to take action, including emergency action or any other enforcement action without first issuing a warning notice.

Notice of violation. Whenever the Public Works Department finds that a person has violated a prohibition or failed to meet a requirement of this article, the Public Works Department may order compliance by written notice of violation to the responsible person.

(1)

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 article 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 Public Works Department 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 Public Works Department may issue a notice of intent to the responsible party of its intent to perform work necessary to comply with this article. The Public Works Department may go on the land and commence the work after issuing the notice of intent. The Public Works Department is authorized to seek costs of the abatement as outlined in § 255-39.

(2)

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.

Suspension of MS4 access.

(1)

Emergency cease-and-desist orders.

(a)

When the Public Works Department finds that any person has violated, or continues to violate, any provision of this article, 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 Public Works Department may issue an order to the violator directing it immediately to cease and desist all such violations and directing the violator to:

[1]

Immediately comply with all ordinance requirements; and

[2]

Take such appropriate preventive action as may be needed to properly address a continuing or threatened violation, including immediately halting operations and/or terminating the discharge.

(b)

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 Public Works Department 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 Public Works Department may allow the person to recommence its discharge when it has demonstrated to the satisfaction of the Public Works Department that the period of endangerment has passed, unless further termination proceedings are initiated against the discharger under this article. 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 Public Works Department within 30 days of receipt of the prerequisite for taking any other action against the violator.

(2)

Suspension due to illicit discharges in emergency situations. The Public Works Department 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 Public Works Department 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.

(3)

Suspension due to the detection of illicit discharge.

(a)

Any person discharging to the MS4 in violation of this article may have their MS4 access terminated if such termination would abate or reduce an illicit discharge. The Public Works Department will notify a violator of the proposed termination of its MS4 access.

(b)

A person commits an offense if the person reinstates MS4 access to premises terminated pursuant to this section, without the prior approval of the Public Works Department.

(4)

Prosecution and penalties.

(a)

Any person violating any provision of this article shall be subject to a forfeiture of not less than $25 nor more than $500 and the costs of prosecution for each violation. Each day a violation exists shall constitute a separate offense.

(b)

§ 255-27 Appeals.

Board of Appeals. The Board of Appeals created pursuant to Article XXXII of Chapter 320, Zoning, and pursuant to § 60.65, Wis. Stats.:

(1)

Shall hear and decide appeals where it is alleged that there is error in any order, decision or determination made by the Public Works Department in administering this article except for cease-and-desist orders obtained under § 255-36D(1);

(2)

Upon appeal, may authorize variances from the provisions of this article which are not contrary to the public interest and where owing to special conditions a literal enforcement of the provisions of the ordinance will result in unnecessary hardship; and

(3)

Shall use rules, procedures, duties and powers authorized by statute in hearing and deciding appeals and authorizing variances.

Who may appeal. Appeals to the Board of Appeals may be taken by any aggrieved person or by any office, department, board, or bureau of the Town of Greenville affected by any decision of the Public Works Department.

§ 255-28 Enforcement measures after 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 appropriate authority upheld the decision of the Public Works Department, then representatives of the Public Works Department may issue a notice of intent to the responsible party of its intent to perform work necessary to comply with this article. The Public Works Department may go on the land and commence the work after issuing the notice of intent. The Public Works Department is authorized to seek costs of abatement as outlined in § 255-39. 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.

§ 255-29 Cost of abatement of violation.

The costs of the work performed by the Public Works Department pursuant to this article, plus interest at the rate authorized by the Public Works Department, shall be billed to the responsible party. In the event a responsible party fails to pay the amount due, the Clerk shall enter the amount due on the tax rolls and collect as a special assessment against the property pursuant to Subch. VII of Ch. 66, Wis. Stats.

§ 255-30 Violations deemed a public nuisance.

Any condition in violation of any of the provisions of this article and declared and deemed a nuisance may be summarily abated or restored at the violator's expense.

§ 255-31 Remedies not exclusive.

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 Public Works Department to seek cumulative remedies.

The Public Works Department may recover all attorney's fees court costs and other expenses associated with enforcement of this article, including sampling and monitoring expenses.