[HISTORY: Adopted by the Common Council of the City of Watertown
by Ord. No. 05-12 (Ch. 33 of the former City Code); amended by Ord. No. 09-36. Subsequent amendments noted
where applicable.]
This article shall apply to the City of Watertown Stormwater Management Utility, as hereinafter defined in § 453-4, and all appurtenances thereof.
A.
The management of stormwater and other surface water discharges within
and beyond its border is a matter that affects the public health,
safety and welfare of the City of Watertown, its citizens and businesses
and others in the surrounding area.
B.
Failure to effectively manage stormwater and other surface water
discharge from already developed and vacant property may create, among
other things, erosion of lands, threaten businesses and residences
with water damage and create sedimentation and other environmental
damage.
C.
The City's Stormwater Management System, which provides for the regulation,
collection and disposal of stormwater and surface water discharge,
is of benefit and provides services to all real property within the
incorporated City limits.
D.
The costs of operating and maintaining the City's Stormwater Management
System, ensuring regulatory compliance and financing necessary plans,
studies, repairs, replacement, improvements, and extension thereof
should, to the extent practicable, be allocated among properties in
proportion to the contribution to the system from each property.
E.
The final report entitled "Report of the Stormwater Management Committee
on the Feasibility of a Stormwater Utility," prepared by Ruekert &
Mielke, Inc. and dated February 2005, is hereby declared to constitute
the study and description of the analytical determinations that demonstrate
a rational basis for the enactment of this article.
In order to protect the health, safety and welfare of the public,
there is hereby established the City of Watertown Stormwater Management
Utility.
As used in this article, the following terms shall have the
meanings indicated:
The costs of general management and administration of the
Utility, development plan and erosion control plan review, and compliance
with the requirements of Wisconsin Administrative Code Chapter NR
216 include, but are not limited to, the following:
Wages, salaries and related employee expenses for management
and administration of the Utility together with fringe benefits and
premiums paid on such wages and salaries for the state workers' compensation
coverage.
Utility billing and accounting expenses.
Office supplies.
Permit fees.
Consultant and legal fees.
The City of Watertown.
The cost of acquiring, purchasing, leasing, planning, designing,
constructing, extending and improving all or any part of the stormwater
management system and any principal, interest or premiums on any indebtedness
incurred for these purposes.
The Common Council of the City of Watertown.
All annual principal and interest requirements and obligations
of the City, including debt service reserves and coverage requirements,
that relate to Stormwater Management System improvements.
An amount of impervious surface area on a lot or parcel that
is equivalent to the amount of impervious surface on a typical developed
single-family residential lot. The square feet of impervious surface
area per ERU shall be as established by the Council from time to time
by resolution and set forth in a Stormwater Service Charge Rate Table.
A horizontal surface that has been compacted or covered with
a layer of material so that it is highly resistant to infiltration
by rainwater. It includes but is not limited to asphalt, concrete,
streets, roofs, sidewalks, parking lots, and other similar surfaces.
All direct and indirect costs, excluding capital costs, necessary
to ensure adequate drainage and control of stormwater and surface
waters on a continuing basis and assure optimal long-term function
of Stormwater Management System facilities. O&M costs may include
expenses for, but not limited to, the following purposes:
Wages and salaries and related employee expenses for operating
and maintenance of the stormwater management system and supervisory
personnel, together with fringe benefits and premiums paid on such
wages and salaries for the state workers' compensation coverage.
Fuel and other operating supplies.
Repairs to and maintenance of the equipment associated therewith.
Premiums for hazard insurance.
Premiums for insurance providing coverage against liability
for injury to persons and/or property.
Rents and leasing costs.
Operation, licensing and maintenance costs for trucks and heavy
equipment.
Consultant and legal fees.
Replacement costs.
Expenditures for obtaining and installing equipment, accessories
and appurtenances which are necessary during the useful life of the
stormwater management system to maintain the performance for which
such system was designed and constructed.
A sewer that carries storm and surface drainage but excludes
domestic wastewater and industrial wastes.
A fund established by the City for the deposit of Utility
revenues and the payment of Utility expenses.
Any activities undertaken by the City of Watertown for the
collection, transportation, storage, treatment, and disposal of stormwater
and surface water and for the reduction or elimination of pollutants
in stormwater and surface water, including, but not limited to administration,
operation and maintenance of the stormwater management system and
Utility, constructing stormwater sewerage facilities, and complying
with the requirements of the Wisconsin Statutes and Administrative
Code.
Any plant, facilities, fixtures or equipment owned or leased
by the City for the collection, transportation, storage, treatment,
and disposal of stormwater and surface water. Such facilities may
include, without limitation by enumeration, surface and underground
drainage conduits of any type, storm sewers, watercourses, retaining
walls and ponds, and such other facilities as will support a stormwater
management system.
Charges imposed on properties in the City to recover the
administrative costs, operations & maintenance costs, and capital
costs relating to a stormwater management program benefiting properties
in the City. Stormwater service charges may include user charges or
any other special fees and charges that may be required to provide
for an equitable sharing of Utility costs by properties in the City.
The Stormwater Management Utility of the City of Watertown.
This article, its rules, regulations and rates shall apply to
all real property within the incorporated limits of the City of Watertown.
A.
Facilities. The City through the Utility may acquire, construct,
lease, own, operate, maintain, extend, expand, replace, clean, dredge,
repair, conduct, manage and finance such facilities as are deemed
by the City to be proper and reasonably necessary for a system of
stormwater and surface water management. These facilities may include,
without limitation by enumeration, surface and underground drainage
facilities, storm sewers, watercourses, retaining walls and ponds,
and such other facilities that will support a stormwater management
system.
B.
Rates and charges. Rates and charges for the City of Watertown Stormwater
Management Utility are as follows:
[Amended by Ord. No. 12-01; 12-1-2015 by Ord. No.
15-44]
(1)
ERU definition. One volume equivalent runoff unit (ERU) shall be
equal to 2,900 square feet of impervious surface area. The number
of ERUs assigned to each parcel shall be rounded to the nearest 0.50
ERU.
[Amended 7-21-2020 by Ord. No. 20-18]
|
Service Charge Rates
| ||||
|---|---|---|---|---|
|
Customer Class
|
Monthly Administrative Charge per Customer
|
Monthly Volume Charge per ERU
|
Monthly Pollutant Charge per ERU
| |
|
Single-family and duplex residential
|
$2.13
|
$5.61
|
$4.78
| |
|
Public authority
|
$2.13
|
$5.61
|
$2.64
| |
|
Multifamily residential
|
$2.13
|
$5.61
|
$3.63
| |
|
Commercial
|
$2.13
|
$5.61
|
$5.14
| |
|
Industrial
|
$2.13
|
$5.61
|
$4.24
| |
|
Institutional
|
$2.13
|
$5.61
|
$2.64
| |
C.
Budgeting. The City through the Utility shall prepare an annual budget,
which is to include all administrative, regulatory compliance, operation
and maintenance costs, debt service, and other costs related to the
operation of the Utility. All costs shall be allocated amongst users
of the stormwater management system as recommended by the Finance
Committee and determined by the Council.
D.
Authority. The City may utilize the full authority provided in § 66.0821,
Wis. Stats., with respect to financing methods, stormwater service
charges, and other matters therein dealt with, and shall have all
legal authority permitted for municipal utilities to impose reasonable
charges for services.
A.
Oversight by Common Council. The oversight of the Utility is hereby
vested in the Common Council. The Council shall direct and delegate
the management and operation of the Utility to City staff and shall
prescribe the functions thereof as may be necessary to operate and
manage the Utility.
B.
C.
Finance Committee. The Finance Committee of the Council, in consultation
with the Public Works Commission, shall make recommendations to the
Council concerning the Utility budget, service charge rates and expenditures.
D.
Public Works Director/City Engineer. The Public Works Director/City
Engineer shall be responsible for the day-to-day management of the
Stormwater Management Utility. These day-to-day responsibilities include,
but are not limited to, budget preparation, recommending utility rates,
coordinating compliance with all relevant permitting requirements,
approval of expenditures, directing daily activities of personnel
and making reports to the Public Works Commission, Finance Committee,
Mayor and Common Council.
[Amended by Ord. No. 10-01; 7-5-2022 by Ord. No. 22-63]
E.
Stormwater Management Fund. The City shall establish a Stormwater
Management Fund, which shall be used for collection of revenues and
payment of expenses relating to the Utility. Any excess of revenues
over expenditures in a year shall be retained by the fund for subsequent
years' needs.
F.
Utility receipts. All Utility receipts shall be collected and accounted
for by the City Treasurer.
[Amended 7-5-2022 by Ord. No. 22-63]
G.
Annual audit. The Council shall cause an annual audit of the books
of the Utility to be made and shall make the books and records relating
to the Utility available for inspection during regular business hours.
A.
General.
(1)
Charges established. There is hereby established a uniform system
of stormwater service charges that shall apply to each and every lot
or parcel with impervious surface area within the City. It shall be
the policy to establish stormwater service charges in such amount
in order to pay for all or a part of the following costs relating
to the Utility: operations and maintenance costs; administrative costs;
contributions to a replacement fund; capital costs and debt service.
The Council may establish and modify stormwater service charges as
necessary so as to assure that the charges generate adequate revenues
to pay the costs of the stormwater management program and that costs
are allocated fairly and proportionately to all parcels in the City.
(2)
Service charge categories.
(a)
Volumetric service charge. A volumetric service charge shall
be imposed on all property that has impervious surface area. This
charge shall be related to the costs of managing stormwater runoff
volume. The charge for each parcel shall be equal to the product of
the service charge rate in terms of dollars per ERU and the number
of volume ERUs assigned to the parcel. The number of volume ERUs assigned
to each lot or parcel shall be determined based on the amount of impervious
surface area.
(b)
Pollutant loading service charge. A pollutant loading service
charge shall be imposed on all property that has impervious surface
area. This charge shall be related to the costs of managing pollutants
in stormwater runoff. The charge for each parcel shall be equal to
the product of the service charge rate in terms of dollars per ERU
and the number of pollutant ERUs assigned to the parcel. The number
of pollutant ERUs assigned to each lot or parcel shall be determined
based on the amount of impervious surface area and the land use.
(c)
Special charge. A special charge may be imposed on property
that is in an area specially benefited by a particular stormwater
management facility. This charge will be developed to reflect the
benefits in a particular area that may not be appropriate to allocate
to property throughout the City.
(d)
Administrative charge. An administrative charge shall be imposed
upon each property that has impervious surface area. The administrative
charge shall recover a portion of costs related to stormwater flow
not directly attributable to users (i.e., stormwater runoff from streets
and roads) and customer costs (including accounting and billing).
The administrative charge shall be imposed on each user subject to
stormwater service charges and will consist of a flat fee per customer
account.
[Added by Ord. No. 11-28]
(3)
Billing and payment.
(a)
Billing. The City shall compute the amounts due the City for
stormwater service charges and shall render a statement thereof, at
periodic intervals, to the owner or occupant of any premises subject
to such charge.
(b)
Payment. Property owner is held responsible for all stormwater
service charges on real property owned. All stormwater bills and notices
of any nature relative to the stormwater management program will be
addressed to the owner and delivered to the addressee by first class
mail. All amounts due hereunder shall be payable at the office of
the City Treasurer. Failure to receive a bill does not relieve a party
of his/her obligation, nor relieve him/her of payment of the penalty
if not paid before the due date. Claims or complaints must be made
within five days from due date of bill.
[Amended by Ord. No. 10-28; 7-5-2022 by Ord. No. 22-63]
(c)
Late charges. If stormwater service charges are not paid in
full on the due date, a charge shall be made on the balance as set
forth in the fee schedule set by Common Council.
[Amended 4-6-2020 by Ord. No. 20-12]
(d)
Failure to receive bills. Reasonable care will be taken in the
delivery of stormwater service charge bills. Failure of any person
to receive bills for stormwater service charges shall not be considered
an excuse for nonpayment nor shall such failure result in an extension
of the period of time during which the net bill should have been paid.
(e)
Lien on property. Unpaid stormwater service charges shall be
a lien upon the property served and shall be enforced as provided
in § 66.0809(3), Wis. Stats.
(4)
Rates set by resolution. All stormwater service charge rates shall
be established from time to time by written resolution of the Common
Council. The rates shall be reviewed by the Common Council on an annual
basis and adjusted as necessary.
B.
Determination of ERUs.
(1)
For purposes of imposing the service charges, all lots and parcels
in the City shall be classified into the following seven customer
classifications:
(2)
Volume ERUs shall be calculated for each classification as follows:
(a)
Single-family residential: one ERU per dwelling unit.
(b)
Condominium residential. The Public Works Director/City Engineer shall be responsible for determining the total impervious area of each condominium parcel based on the best available information, including but not limited to data supplied by the City Assessor, Building Inspector or Zoning Administrator; aerial photography; the property owner, tenant or developer; or actual on-site measurement. The total impervious area of the parcel shall be divided equally among the condominium units to determine the square feet of impervious area per unit. This amount shall be divided by the number of square feet per ERU as established by the Common Council and set forth in the Stormwater Service Charge Rate Table in § 453-6B(1) to determine the number of ERUs to assign to each unit, except that in no case shall a condominium unit be assigned less than 0.5 ERU. The number of ERUs per unit shall be rounded to the nearest 0.5 ERU.
[Amended 10-4-2016 by Ord. No. 16-18; 7-5-2022 by Ord. No. 22-63]
(c)
Duplex and multifamily residential: 0.50 ERU per dwelling unit.
(d)
Industrial, commercial and institutional property. The Public Works Director/City Engineer shall be responsible for determining the impervious area of each nonresidential parcel based on the best available information, including but not limited to data supplied by the City Assessor, Building Inspector or Zoning Administrator; aerial photography; the property owner, tenant or developer; or actual on-site measurement. The total impervious area of the parcel shall be divided by the number of square feet per ERU as established by the Common Council and set forth in a Stormwater Service Charge Rate Table in § 453-6B(1) to determine the number of ERUs to assign to the parcel. The number of ERUs per parcel shall be rounded to the nearest 0.5 ERU.
[Amended 7-5-2022 by Ord. No. 22-63]
(e)
Undeveloped property. For any lot or parcel that has no impervious
surface area, no volume ERUs shall be assigned for purposes of imposing
service charges under this article.
(3)
Pollutant ERUs shall be calculated for each classification as follows:
(a)
Single-family and duplex residential: one ERU per dwelling unit.
(b)
Condominium residential. The number of volume ERUs shall be
multiplied by a factor of 1.0 to determine the number of pollutant
ERUs.
(c)
Multifamily residential. The number of volume ERUs shall be
multiplied by a factor of 0.80 to determine the number of pollutant
ERUs.
(d)
Industrial. The number of volume ERUs shall be multiplied by
a factor of 0.90 to determine the number of pollutant ERUs.
(e)
Commercial. The number of volume ERUs shall be multiplied by
a factor of 1.10 to determine the number of pollutant ERUs.
(f)
Institutional. The number of volume ERUs shall be multiplied
by a factor of 0.50 to determine the number of pollutant ERUs.
(g)
Undeveloped property. For any lot or parcel that has no impervious
surface area, no pollutant ERUs shall be assigned for purposes of
imposing service charges under this article.
(4)
New construction. For all classifications other than single-family,
duplex and multifamily residential, the construction of new or expanded
buildings, driveways or other structures or improvements that add
impervious surface area to the lot or parcel shall be subject to an
increase in the number of ERUs assigned to a lot or parcel. The City
shall recalculate the number of ERUs upon completion of new construction.
C.
Appeals and credits.
[Amended by Ord. No. 10-01; Ord. No. 11-28]
(1)
Nonresidential credits for the provision of stormwater mitigation
facilities and/or activities. Owners of nonresidential properties
that have facilities for on-site detention and runoff control or pollutant
loading reduction, that undertake activities designed to reduce the
quantity of or pollutant loadings in stormwater runoff from the lot
or parcel, or that conduct a public education and information program
designed to increase public awareness regarding the water quality
impacts of stormwater runoff may be eligible for a reduction in the
volumetric and/or pollutant loading service charges for their lot
or parcel. In order to be eligible for a credit, the facilities or
practices must exceed the City stormwater discharge standards that
were in effect at the time that the lot or parcel was developed for
its current use. Such property owners may apply for a review of the
service charges for the lot or parcel. The amount of the credit or
adjustment will be determined based on the amount of reduction in
the peak rate or total annual volume of stormwater runoff or the percentage
reduction in pollutant loadings that the facilities or activities
are designed to achieve. No credits will be provided for the administrative
charges.
(a)
Application for credit. Any property owner desiring to apply
for a reduction in the stormwater service charge shall submit an application
to the Public Works Director/City Engineer on forms supplied by the
City. By submitting an application, the applicant is authorizing the
Public Works Director/City Engineer to enter the property to obtain
information required for the review of the credit request. The application
shall be accompanied by the following:
[Amended 7-5-2022 by Ord. No. 22-63]
[1]
Plans and studies. The applicant shall provide, as applicable,
a written description of the proposed practices or public education
program, hydrologic and/or hydraulic studies, plans, computations,
etc., that demonstrate, to the satisfaction of the City, that the
practices, programs or facilities meet the requirements for the credit
requested.
[2]
Maintenance agreement. The applicant shall provide a plan for
maintenance of the facilities or practices.
[3]
Ongoing documentation. For as long as the credit is in effect,
the property owner or occupant shall supply to the City copies of
any documentation required to demonstrate that the proposed practices
or public education program is being carried out in accordance with
the plans submitted to the City or that the facilities are being properly
maintained in accordance with the maintenance agreement.
(b)
Determination of credit. Within 30 days of receipt of a complete
application and supporting documentation, the Public Works Director/City
Engineer shall review the application and supporting documentation
and shall make a recommendation to the Public Works Commission regarding
the credit request. The Public Works Commission shall review said
application along with the Public Works Director/City Engineer's recommendation
and shall determine whether a reduction in the stormwater service
charge is due the applicant. The applicant shall be provided five
business days' prior written notice of the time and place of the Commission's
consideration of the credit at the address listed in the application.
The Commission shall base its decision on the record submitted to
it at its meeting. The Public Works Director/City Engineer shall notify
the applicant in writing of the Commission's determination by first
class mail addressed to the applicant using the address listed in
the application. The credit shall be applied to the next practicable
billing for stormwater service charges and all subsequent billings
for as long as the facilities or practices are operated or carried
out in accordance with the plans submitted with the application for
the credit.
[Amended 7-5-2022 by Ord. No. 22-63]
(c)
Amount of credit. Any credit to the stormwater service charge
shall be in the form of a reduction in the volume ERUs, a reduction
in the pollutant ERUs, or both. The percentage reduction in the number
of ERUs shall be equal to the percentage reduction in the peak rate
or total annual volume of stormwater runoff or pollutant loadings
beyond what is required by the City's stormwater discharge standards,
up to a maximum reduction of 75% in the number of volume and/or pollutant
ERUs assigned to the parcel.
[1]
Parcels developed under current stormwater discharge standards.
Parcels developed under the stormwater discharge standards in effect
at the time of a credit application shall not be eligible for a reduction
in stormwater service charges unless the facilities or practices exceed
the City's stormwater discharge standards.
[2]
Parcels developed prior to current stormwater discharge standards.
Parcels that were developed prior to the stormwater discharge standards
in effect at the time of a credit application may be eligible for
a reduction in stormwater service charges if the facilities or practices
exceed the City's stormwater discharge standards that were in effect
when the parcel was developed. The credit shall be a percentage reduction
in the number of volume and/or pollutant ERUs assigned to the parcel
equal to the percentage reduction in the peak rate or total annual
volume of stormwater runoff or pollutant loadings beyond what was
required by the City's stormwater discharge standards in effect at
the time the parcel was developed, up to a maximum reduction of 75%
in the number of volume and/or pollutant ERUs assigned to the parcel.
(d)
Appeals. The stormwater service charge, a determination of ERUs
or ERU credits may be appealed by filing a written appeal with the
Public Works Director/City Engineer prior to the due date, if not
paid, or within 30 days of payment. The appeal shall specify all bases
for the challenge and the amount of the stormwater service charge
the appellant asserts is appropriate. Failure to timely file an appeal
waives all right to contest such charge.
[Amended 7-5-2022 by Ord. No. 22-63]
[1]
The administrative review board shall review said written appeal
and shall determine whether the stormwater service charge, the ERU
determination or the ERU credit is fair and reasonable or whether
an adjustment or refund is due the appellant. The applicant shall
be provided five business days' prior written notice of the time and
place of the administrative review board's consideration of the appeal
to the owner at the address listed in the appeal. The administrative
review board shall base its decision on the record submitted to it
at its meeting. The Public Works Director/City Engineer shall notify
the appellant in writing of the administrative review board's determination
by first class mail addressed to the owner using the address listed
in the appeal.
[2]
If as a result of any appeal a refund is due the owner, such
refund shall be applied as a credit on the owner's next practicable
stormwater charge bill.
(2)
Rebates to residential properties for the provision of stormwater
mitigation facilities. Residential properties that provide a rain
barrel or construct a rain garden to mitigate the volume of stormwater
and/or pollutant loadings discharged from the property shall be eligible
for a one-time rebate of $15. Property owners may apply for the rebate
by completing an application supplied by the Public Works Director/City
Engineer and supplying a receipt or other appropriate documentation
of the purchase or installation of the rain barrel or rain garden.
[Amended 7-5-2022 by Ord. No. 22-63]
The City reserves the right to amend this article in part or
in whole whenever it may deem necessary, but only after due notice
and hearing, as provided by law.
The purpose of this article is to provide for the health, safety
and general welfare of the citizens of the City of Watertown through
the regulation of nonstormwater discharges to the storm drainage system
to the maximum extent practicable, as required by federal and state
law. This article establishes methods for controlling the introduction
of pollutants into the municipal separate storm sewer system (MS4)
in order to comply with requirements of the Wisconsin Pollutant Discharge
Elimination System (WPDES) permit process. The objectives of this
article are:
A.
To regulate the contribution of pollutants to the municipal separate
storm sewer system (MS4) by stormwater discharges by any user.
B.
To prohibit illicit connections and discharges to the municipal separate
storm sewer system.
C.
To establish legal authority to carry out all inspection, surveillance
and monitoring procedures necessary to ensure compliance with this
article.
For the purposes of this article, the following terms shall
have the meanings indicated:
The Public Works Director/City Engineer is designated by
the City of Watertown to administer this article.
[Amended by Ord. No. 10-01; 7-5-2022 by Ord. No. 22-63]
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.
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.), and any subsequent amendments thereto.
Activities subject to City of Watertown or WPDES construction
permits. Such activities include but are not limited to clearing and
grubbing, grading, excavating and demolition.
Any material, including any substance, waste, or combination
thereof, which because of its quantity, concentration or physical,
chemical or infectious characteristics may cause or significantly
contribute to a substantial present or potential hazard to human health,
safety, property or the environment when improperly treated, stored,
transported, disposed of, or otherwise managed.
Any direct or indirect nonstormwater discharge to the storm drain system, except as exempted in § 453-15 of this article.
Either of the following: Any drain or conveyance, whether
on the surface or subsurface, which allows an illegal discharge to
enter the storm drain system, including but not limited to any conveyances
which allow any nonstormwater discharge, including sewage, process
wastewater, and wash water, to enter the storm drain system and any
connections to the storm drain system from indoor drains and sinks,
regardless of whether said drain or connection had been previously
allowed, permitted or approved by the administering authority, or
any drain or conveyance connected from a commercial or industrial
land use to the storm drain system which has not been documented in
plans, maps or equivalent records and approved by the administering
authority.
Activities subject to WPDES industrial permits as defined
in 40 CFR 122.26(b)(14).
Any discharge to the storm drain system that is not composed
entirely of stormwater.
Any individual, association, organization, partnership, firm,
corporation or other entity recognized by law and acting as either
the owner or as the owner's agent.
Has the meaning given in § 283.01(13), Wis. Stats.
Any building, lot, parcel of land, or portion of land, whether
improved or unimproved, including adjacent sidewalks and parking strips.
Publicly owned facilities by which stormwater is collected
and/or conveyed, including but not limited to any roads with drainage
systems, municipal streets, gutters, curbs, inlets, piped storm drains,
pumping facilities, retention and detention basins, natural and human-made
or altered drainage channels, reservoirs and other drainage structures
for which a municipal separate stormwater permit (also known as a
"MS4 Permit") has been issued by the WDNR to the City of Watertown
under Ch. NR 216, Wis. Adm. Code.
Any surface flow, runoff and drainage consisting entirely
of water from any form of natural precipitation, and resulting from
such precipitation.
A document which describes the best management practices
and activities to be implemented by a person or business to identify
sources of pollution or contamination at a site and the actions to
eliminate or reduce pollutant discharges to stormwater, stormwater
conveyance systems, and/or receiving waters to the maximum extent
practicable.
Any water or other liquid, other than uncontaminated stormwater,
discharged from a facility.
A permit issued by WDNR that authorizes the discharge of
pollutants to waters of the United States, whether the permit is applicable
on an individual, group or general area-wide basis.
This article shall apply to all water entering the storm drain
system generated on any developed and undeveloped lands, unless explicitly
exempted by the administering authority.
[Amended by Ord. No. 10-01; 10-4-2016 by Ord. No.
16-18; 7-5-2022 by Ord. No. 22-63]
The Public Works Director/City Engineer, the Water Systems Manager,
and their designees, shall administer, implement, and enforce the
provisions of this article. Any powers granted or duties imposed upon
the administering authority may be delegated in writing by the City
of Watertown to persons or entities acting in the beneficial interest
of or in the employ of the City of Watertown.
The standards set forth herein and promulgated pursuant to this
article are minimum standards; therefore, this article does not intend
nor imply that compliance by any person will ensure that there will
be no contamination, pollution, nor unauthorized discharge of pollutants.
A.
Prohibition of illegal discharges. No person shall discharge or cause
to be discharged into the municipal storm drain system or watercourses
any materials, including but not limited to pollutants or waters containing
any pollutants, that cause or contribute to a violation of applicable
water quality standards, other than stormwater. The commencement,
conduct or continuance of any illegal discharge to the storm drain
system is prohibited except as described as follows:
(1)
The following discharges are exempt from discharge prohibitions established
by this article: waterline flushing or other potable water sources,
landscape irrigation or lawn watering, diverted stream flows, rising
groundwater, groundwater infiltration to storm drains, uncontaminated
pumped groundwater, foundation or footing drains (not including active
groundwater dewatering systems), crawl space pumps, air-conditioning
condensation, springs, individual residential washing of vehicles,
natural riparian habitat or wetland flows, swimming pools (if dechlorinated,
typically less than 1 ppm chlorine), firefighting activities, and
any other water source not containing pollutants.
(2)
Discharges specified in writing by the administering authority as
being necessary to protect public health and safety.
(3)
Dye testing is an allowable discharge, but requires a verbal notification
to the administering authority prior to the time of the test.
(4)
The prohibition shall not apply to any nonstormwater discharge permitted
under an WPDES permit, waiver or waste discharge order issued to the
discharger and administered under the authority of the Wisconsin Department
of Natural Resources, provided that the discharger is in full compliance
with all requirements of the permit, waiver or order and other applicable
laws and regulations, and provided that written approval has been
granted for any discharge to the storm drain system.
B.
Prohibition of illicit connections. The construction, use, maintenance
or continued existence of illicit connections to the storm drain system
is prohibited.
(1)
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.
(2)
A person is considered to be in violation of this article if the
person connects a line conveying sewage to the MS4 or allows such
a connection to continue.
The administering authority may suspend, prohibit and disconnect
a person from access to the storm drain system under the following
conditions:
A.
Suspension due to illicit discharges in emergency situations. The
administering authority 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 United States. If the violator
fails to comply with a suspension order issued in an emergency, the
administering authority may take such steps as deemed necessary to
prevent or minimize damage to the MS4 or waters of the United States,
or to minimize danger to persons.
B.
Suspension due to the detection of illicit discharge. Any person
discharging to the MS4 in violation of this article may have its MS4
access terminated if such termination would abate or reduce an illicit
discharge. The administering authority will notify a violator of the
proposed termination of its MS4 access. The violator may petition
the administering authority for a reconsideration and hearing.
C.
Suspension due to unauthorized connection to MS4. A person commits
a violation of this article if the person reinstates MS4 access to
premises terminated pursuant to this section without the prior approval
of the administering authority.
Any person subject to an industrial or construction activity
WPDES stormwater discharge permit shall comply with all provisions
of such permit. Proof of compliance with said permit may be required
in a form acceptable to the administering authority prior to the allowing
of discharges to the MS4.
A.
Applicability. This section applies to all facilities that have stormwater
discharges associated with industrial activity, including construction
activity.
B.
Access to facilities.
(1)
The administering authority 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. If a discharger
has security measures in force which require proper identification
and clearance before entry into its premises, the discharger shall
make the necessary arrangements to allow access to representatives
of the administering authority.
(2)
Facility operators shall allow the administering authority 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 additional duties as defined by state and federal law.
(3)
The administering authority shall have the right to set up on any
permitted facility such devices as are necessary in the opinion of
the administering authority to conduct monitoring and/or sampling
of the facility's stormwater discharge.
(4)
The administering authority has the right to require the discharger
to install monitoring equipment as necessary. The facility's sampling
and monitoring equipment shall be maintained at all times in a safe
and proper operating condition by the discharger at its own expense.
All devices used to measure stormwater flow and quality shall be calibrated
to ensure their accuracy.
(5)
Any temporary or permanent obstruction to safe and easy access to
the facility to be inspected and/or sampled shall be promptly removed
by the operator at the written or oral request of the Public Works
Director/City Engineer and shall not be replaced. The costs of clearing
such access shall be borne by the operator.
[Amended by Ord. No. 10-01; 7-5-2022 by Ord. No. 22-63]
(6)
Unreasonable delays in allowing the administering authority access
to a permitted facility is a violation of a stormwater discharge permit
and of this article. A person who is the operator of a facility with
a WPDES permit to discharge stormwater associated with industrial
activity commits an offense if the person denies the administering
authority reasonable access to the permitted facility for the purpose
of conducting any activity authorized or required by this article.
(7)
If the administering authority has been refused access to any part
of the premises from which stormwater is discharged, and he/she is
able to demonstrate probable cause to believe that there may be a
violation of this article, or that there is a need to inspect and/or
sample as part of a routine inspection and sampling program designed
to verify compliance with this article or any order issued hereunder,
or to protect the overall public health, safety and welfare of the
community, then the administering authority may seek issuance of a
special inspection warrant or a search warrant from any court of competent
jurisdiction.
The administering authority may provide requirements identifying
best management practices for any activity, operation or facility
which may cause or contribute to pollution or contamination of stormwater,
the storm drain system, or waters of the United States. The owner
or operator of a commercial or industrial establishment shall provide,
at its own expense, reasonable protection from accidental discharge
of prohibited materials or other wastes into the municipal storm drain
system or watercourses through the use of these structural and nonstructural
BMPs. Further, any person responsible for a property or premises which
is, or may be, the source of an illicit discharge may be required
to implement, at said person's expense, additional structural and
nonstructural BMPs to prevent the further discharge of pollutants
to the municipal separate storm sewer system. Compliance with all
terms and conditions of a valid WPDES permit authorizing the discharge
of stormwater associated with industrial activity, to the extent practicable,
shall be deemed compliance with the provisions of this section. These
BMPs shall be part of a stormwater pollution prevention plan (SWPP)
as necessary for compliance with requirements of the WPDES permit.
Every person owning property through which a watercourse passes,
or such person's lessee, shall keep and maintain that part of the
watercourse within the property free of trash, debris, excessive vegetation,
and other obstacles that would pollute, contaminate or significantly
retard the flow of water through the watercourse. In addition, the
owner or lessee shall maintain existing privately owned structures
within or adjacent to a watercourse, so that such structures will
not become a hazard to the use, function or physical integrity of
the watercourse.
Notwithstanding other requirements of law, as soon as any person
responsible for a facility or operation or responsible for emergency
response for a facility or operation has information of any known
or suspected release of materials which are resulting or may result
in illegal discharges or pollutants discharging into stormwater, the
storm drain system, or water of the United States, said person shall
take all necessary steps to ensure the discovery, containment and
cleanup of such release. In the event of such a release of hazardous
materials, said person shall immediately notify emergency response
agencies of the occurrence via emergency dispatch services. In the
event of a release of nonhazardous materials, said person shall notify
the administering authority in person or by phone or facsimile within
24 hours of becoming aware of the release. Notifications in person
or by phone shall be confirmed by written notice addressed and mailed
to the administering authority within three business days of the phone
notice. If the discharge of prohibited materials emanates from a commercial
or industrial establishment, the owner or operator of such establishment
shall also retain an on-site written record of the discharge and the
actions taken to prevent its recurrence. Such records shall be retained
for at least three years.
A.
Notice of violation. Whenever the administering authority finds that
a person has violated a prohibition or failed to meet a requirement
of this article, the administering authority may order compliance
by written notice of violation to the responsible person. Such notice
may require without limitation:
(1)
The performance of monitoring, analyses and reporting;
(2)
The elimination of illicit connections or discharges;
(3)
That violating discharges, practices, or operations shall cease and
desist;
(4)
The abatement or remediation of stormwater pollution or contamination
hazards and the restoration of any affected property;
(5)
Payment of a fine to cover administrative and remediation costs;
and
(6)
The implementation of source control or treatment BMPs.
B.
Notice of abatement. If abatement of a violation and/or restoration
of affected property is required, the notice shall set forth a deadline
within which such remediation or restoration must be completed. Said
notice shall further advise that, should the violator fail to remediate
or restore within the established deadline, the work will be done
by a designated governmental agency or a contractor, and the expense
thereof shall be charged to the violator.
Any person receiving a notice of violation may appeal the determination
of the administering authority. The notice of appeal must be received
within five days from the date of the notice of violation. Hearing
on the appeal before the City of Watertown Public Works Commission,
which is designated as the appropriate authority to hear and determine
such appeal, shall take place within 30 days from the date of receipt
of the notice of appeal. The decision of the City of Watertown Public
Works Commission shall be final, subject to appeal to a court of competent
jurisdiction under law.
If the violation has not been corrected pursuant to the requirements
set forth in the notice of violation or, in the event of an appeal,
within 10 days of the decision of the City of Watertown Public Works
Commission upholding the decision of the administering authority,
then representatives of the administering authority shall enter upon
the subject private property and are authorized to take any and all
measures necessary to abate the violation and/or restore the property.
It shall be unlawful for any person, owner, agent or person in possession
of any premises to refuse to allow the government agency or designated
contractor to enter upon the premises for the purposes set forth above.
Within 15 days after abatement of the violation, the owner of
the property will be notified of the cost of abatement, including
administrative costs. If the amount due is not paid within 60 days
after receipt of the final bill, the charges shall become a special
assessment against the property and shall constitute a lien on the
property for the amount of the assessment. Any person violating any
of the provisions of this article shall become liable to the administering
authority by reason of such violation. Interest may be assessed on
the balance beginning on the 31st day following notice to the property
owner of the cost of the abatement.
It shall be unlawful for any person to violate any provision
or fail to comply with any of the requirements of this article. If
a person has violated or continues to violate the provisions of this
article, the administering authority may petition for a preliminary
or permanent injunction restraining the person from activities which
would create further violations or compelling the person to perform
abatement or remediation of the violation.
In lieu of enforcement proceedings, penalties and remedies authorized
by this article, the administering authority may impose upon a violator
alternative compensatory actions, such as storm drain stenciling,
attendance at compliance workshops, creek cleanup, etc.
In addition to the enforcement processes and penalties provided,
any condition caused or permitted to exist in violation of any of
the provisions of this article is a threat to public health, safety
and welfare and is declared and deemed a nuisance and may be summarily
abated or restored at the violator's expense, and/or a civil action
to abate, enjoin or otherwise compel the cessation of such nuisance
may be taken.
[Amended 7-5-2022 by Ord. No. 22-63]
Any person that has violated or continues to violate this article
shall be liable to criminal prosecution to the fullest extent of the
law and shall be subject to a criminal penalty adopted by the Wisconsin
Legislature and imposed by the Wisconsin Department of Natural Resources
at its discretion. This criminal penalty shall be on file in the offices
of the Police Chief and the City Clerk.
The administering authority may recover any and all attorney's
fees, court costs and other expenses associated with enforcement of
this article, including sampling and monitoring expenses.
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 administering authority
to seek cumulative remedies.
