[HISTORY: Adopted by the Village Board of the Village of
Pleasant Prairie as indicated in article histories. Amendments noted
where applicable.]
[1]
Editor's Note: This ordinance was originally adopted as Chapter
299 but was renumbered to maintain the organizational structure of
the Code.
A.
ILLICIT CONNECTION
ILLICIT DISCHARGE
PERSON
STORM DRAINAGE SYSTEM
STORMWATER POLLUTION PREVENTION PLAN (SWPPP)
WPDES PERMIT
Definitions. The following definitions shall be applicable to this
article:
Any drain or conveyance, whether on the surface or subsurface,
which allows an illicit discharge to enter the storm drain system,
including but not limited to any conveyances which allow any nonstormwater
discharge, including sewage, process wastewater, and wash water, to
enter the storm drain system and any connections to the storm drain
system from indoor drains and sinks, regardless of whether said drain
or connection had been allowed, permitted, or approved by a governmental
agency, prior to adoption of this article.
Any discharge to a municipal separate storm sewer system
that is not composed entirely of stormwater, except discharges authorized
by a WPDES permit or other discharge not requiring a WPDES permit,
such as landscape irrigation, individual residential car washing,
firefighting, diverted stream flows, uncontaminated groundwater infiltration,
uncontaminated pumped groundwater, discharges from potable water sources,
foundation drains, air-conditioning condensation, irrigation water,
lawn watering, flows from riparian habitats and wetlands, and similar
discharges.
Any individual, association, organization, partnership, firm,
corporation or other entity recognized by law and acting as either
the owner or as the owner's agent.
Publicly owned facilities by which stormwater is collected
and/or conveyed, including but not limited to any roads with drainage
systems, municipal streets, gutters, curbs, inlets, piped storm drains,
pumping facilities, retention and detention basins, natural and human-made
or altered drainage channels, reservoirs, and other drainage structures.
A document which describes the best management practices
and activities to be implemented by a person to identify sources of
pollution or contamination at a site and the actions to eliminate
or reduce pollutant discharges to storm drainage systems and/or receiving
waters to the maximum extent practicable.
A permit issued under Ch. 283, Wis. Stats.
B.
Prohibitions.
(1)
Prohibition of illicit connections. The construction, use, maintenance
or continued existence of illicit connections to the storm drainage
system is prohibited.
(2)
Prohibition of illicit discharges.
(a)
The commencement, conduct or continuance of any illicit discharge
to the storm drainage system is prohibited.
(b)
No person shall discharge or cause to be discharged into the
storm drainage system or watercourses any nonstormwater materials,
including but not limited to pollutants or waters containing any pollutants
that cause or contribute to a violation of applicable water quality
standards.
(3)
Exemptions. The following activities are exempt from the prohibition
provisions of this article unless otherwise found to have an adverse
impact on the stormwater:
(a)
Discharges authorized by a permit issued by the Wisconsin Department
of Natural Resources (DNR).
(b)
Discharges resulting from firefighting or controlled burn activities.
(c)
Discharges in compliance with the Village's construction site
erosion controls or stormwater management regulations.
(d)
Facility maintenance activities undertaken by any federal, state,
county, or municipal agency, such activities, however, being subject
to construction site erosion control and/or adopted facility stormwater
pollution prevention plan(s).
(e)
Dye testing if it has been authorized by the Village or DNR.
A.
The Village shall be permitted to enter and inspect facilities subject
to regulation under this article as often as may be necessary to determine
compliance with this article.
B.
Facility operators shall allow the Village ready access to all parts
of the premises for the purposes of inspection, sampling, examination
and copying of records that must be kept under the conditions of a
WPDES permit to discharge stormwater and the performance of any duties
defined by state and federal law.
C.
The Village has the right to set up on any permitted facility such
devices as are necessary to conduct monitoring and/or sampling of
the facility's stormwater discharge or to require the discharger to
install monitoring equipment as necessary.
A.
Notwithstanding any other requirements of law, as soon as any person
responsible for a facility or operation has information of any known
or suspected release of materials which are resulting or may result
in an illicit discharge or pollutants discharging into stormwater
or the storm drainage system or water of the state, such person shall
immediately report the release to the Village. In the event of a release
of hazardous substances, such person shall also notify the DNR in
accordance with § 292.11, Wis. Stats.
A.
Whenever the Village finds a person has violated a prohibition or
failed to meet the requirements of this article, the Village may order
compliance by written notice of violation to the responsible person.
Such notice may require, without limitation:
B.
In the event the person fails to eliminate the illicit connections or illicit discharge, fails to cease and desist discharges, practices or operations in violation of this article or fails to abate or remediate the stormwater pollution or contamination hazards, the person may be subject to a penalty as provided by Chapter 1, § 1-4, of this Code. Each day that the violation exists shall constitute a separate offense.
C.
In the event that an illicit discharge is identified and emergency
cleanup action is undertaken by the Village, DNR, or other authority
having jurisdiction, the person may be subject to all associated cleanup
costs incurred.
D.
If the person responsible fails to cease, desist, and abate the illicit
discharge, the Village may take such action itself and seek reimbursement
in Village Municipal Court or Kenosha County Circuit Court or via
special assessment or special charges under § 66.0627, Wis.
Stats., as may be amended from time to time.
E.
Compliance with the provisions of this article may also be enforced
by injunction in any court with jurisdiction. It shall not be necessary
to prosecute for forfeiture or a cease and desist order before resorting
to injunction proceedings, as authorized pursuant to § 61.35,
Wis. Stats.
