[Adopted as Ch. 54 of the Village Code]
The purpose of this article is to provide for the health, safety,
environment and general welfare of the citizens of the Village of
Allouez through the regulation of nonstormwater discharges into the
municipal separate storm sewer system (MS4) or waters of the state
to the maximum extent practicable as required by federal and state
law. This article establishes methods for controlling the introduction
of pollutants into the MS4 or waters of the state in order to comply
with requirements of the Village of Allouez's Wisconsin Pollutant
Discharge Elimination System (WPDES) permit. The objectives of this
article are:
A.
To regulate the contribution of pollutants into the MS4 or waters
of the state by stormwater discharges by any user.
B.
To prohibit illicit connections and discharges into the MS4 or waters
of the state.
C.
To establish legal authority to carry out all inspection, surveillance,
monitoring, and enforcement procedures necessary to ensure compliance
with this article.
The Public Works Director shall administer, implement, and enforce
the provisions of this article. Any powers granted or duties imposed
upon the Public Works Director may be delegated by the Public Works
Director to persons or entities acting in the beneficial interest
of or in the employ of the authorized enforcement agency. 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.
The Village Board finds that illicit discharges can contribute
high levels of pollutants, oil, grease, solvents, nutrients, viruses,
and bacteria to receiving water bodies. Pollutant levels from illicit
discharges are concentrated and may be high enough to significantly
degrade receiving water quality and threaten aquatic, wildlife, and
human health.
As used in this article, the following terms shall have the
meanings indicated:
Employees or designees of the Public Works Director of the
Village of Allouez are designated to administer and enforce this article.
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.
Activities subject to construction permits per Chapter 200, Construction Site Erosion Control, of this Code or WPDES construction permits per Ch. NR 216, Wis. Adm. Code, and Ch. 283, Wis. Stats.
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, Wis. Adm. Code.
The Wisconsin Department of Natural Resources.
As defined in Ch. 283, Wis. Stats., when used without qualification
includes a discharge of any pollutant.
As defined in Ch. 283, Wis. Stats., any addition of any pollutant
to the waters of this state from any point source.
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.
Either of the following:
Any drain or conveyance, whether on the surface or subsurface,
that allows an illicit discharge to enter the MS4 or waters of the
state, including but not limited to any conveyances that allow any
nonstormwater discharge, including sewage, process wastewater, and
wash water, to enter the MS4 or waters of the state and any connections
to the MS4 or waters of the state from indoor drains and sinks, regardless
of whether said drain or connection had been previously allowed, permitted,
or approved by an authorized enforcement agency; or
Any drain or conveyance connected from a commercial or industrial
land use to the MS4 or waters of the state which has not been documented
in plans, maps, or equivalent records and approved by an authorized
enforcement agency.
Any discharge into waters of the state or a municipal separate
storm sewer system that is not composed entirely of stormwater. Discharges
that are not considered illicit discharges include water line flushing,
landscape irrigation, diverted stream flows, 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 Director as a significant source of
pollutants to waters of the state.
Activities subject to WPDES industrial permits per Ch. NR
216, Wis. Adm. Code, and Ch. 283, Wis. Stats.
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.
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.
As defined in Ch. NR 216, Wis. Adm. Code, 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:
Any discharge to the MS4 that is not composed entirely of
stormwater.
The point at which stormwater is discharged to waters of
the state or to a storm sewer.
Any person holding fee title, an easement or other interest
in property.
An individual, owner, operator, corporation, partnership,
association, municipality, interstate agency, state agency or federal
agency.
As defined in Ch. 283, Wis. Stats., 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.
As defined in Ch. 283, Wis. Stats., any man-made or man-induced
alteration of the chemical, physical, biological or radiological integrity
of water.
Taking measures to eliminate or reduce pollution.
Any building, lot, parcel of land, or portion of land, whether
improved or unimproved, including adjacent sidewalks and parking strips.
Runoff from precipitation, including rain, snow, ice melt
or similar water, that moves on the land surface via sheet or channelized
flow.
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 the MS4 or waters of the
state to the maximum extent practicable.
The person as defined herein that causes a violation of this
article.
Any water or other liquid, other than uncontaminated stormwater,
discharged from a facility.
A natural or artificial channel through which water flows.
These channels include all blue and dashed blue lines on the United
States Geological Survey (USGS) quadrangle maps, all channels shown
on the soils maps in the Natural Resources Conservation Service (NRCS)
soils book for Brown 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.
As defined in Ch. 283, Wis. Stats., those portions of Lake
Michigan and Lake Superior within the boundaries of Wisconsin and
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.
A Wisconsin Pollutant Discharge Elimination System permit
issued pursuant to Ch. 283, Wis. Stats.
This article shall apply to all water and discharges entering
the MS4 or waters of the state generated on any lands unless explicitly
exempted by the Public Works Director.
A.
Prohibition of illicit discharges. No person shall throw, dump, spill,
drain, or otherwise discharge or cause or allow others under its control
to throw, dump, spill, drain, or otherwise discharge into the MS4
or waters of the state any pollutants or waters containing any pollutants,
other than stormwater.
B.
Allowed discharges:
(1)
Waterline flushing, landscape irrigation, diverted stream flows,
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 Director 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 Director 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 Director 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 Director
prior to allowing discharges to the MS4 or waters of the state.
C.
Prohibition of illicit connections.
(1)
The construction, use, maintenance or continued existence of illicit
connections to the MS4 or waters of the state 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 the MS4 or waters of the
state or allows such a connection to continue.
(4)
Improper connections in violation of this article must be disconnected
and redirected, if necessary, to the sanitary sewer system upon approval
of the Public Works Director.
(5)
Any drain or conveyance that has not been documented in plans, maps
or equivalent, and which may be connected to the MS4 or waters of
the state, shall be located by the owner or occupant of that property
upon receipt of written notice of violation from the Public Works
Director 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 Director.
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.
A.
Right of entry; inspecting and sampling. The Public Works Director
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 Director.
(2)
Facility owners and operators shall allow the Public Works Director
ready access to all parts of the premises for the purposes of inspection,
sampling, examination and copying of records.
(3)
The Public Works Director shall have the right to set up on any property
or facility such devices as are necessary in the opinion of the Public
Works Director to conduct monitoring and/or sampling of the facility's
stormwater discharge.
(4)
The Public Works Director 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 Director. 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 Director and shall not be replaced. The costs of
clearing such access shall be borne by the owner or operator.
(6)
Unreasonable delay in allowing the Public Works Director 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
Director reasonable access to the facility for the purpose of conducting
any activity authorized or required by this article.
B.
Special inspection warrant. If the Public Works Director has been
refused access to any part of the premises from which stormwater is
discharged, and the Public Works Director 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 Director may seek issuance of a special inspection
warrant per § 66.0119, Wis. Stats.
The owner or operator of any activity, operation, or facility
which may cause or contribute to pollution or contamination of stormwater
shall provide, at his or its own expense, reasonable protection from
accidental discharge of prohibited materials or other wastes into
the MS4 or waters of the state 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 the MS4 or waters of the state. 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.
A.
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.
B.
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
Director. In the event of a release of nonhazardous materials, said
person shall notify the Public Works Director 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 Director within three business days
of the phone notice. If the discharge of prohibited materials emanates
from a commercial or industrial establishment, the owner or operator
of such establishment shall also retain an on-site written record
of the discharge and the actions taken to prevent its recurrence.
Such records shall be retained for at least five years.
C.
Failure to provide notification of a release as provided above is
a violation of this article.
A.
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 the violation may otherwise
be abated in a manner provided by law.[1]
(2)
In the event the violation constitutes an immediate danger to public health or public safety, the Public Works Director 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 Director is authorized to seek costs of the abatement as outlined in § 385-33.
B.
Warning notice. When the Public Works Director finds that any person
has violated, or continues to violate, any provision of this article,
or any order issued hereunder, the Public Works Director shall serve
upon that person a written warning notice via United States certified
mail, return receipt, 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 Director to take action, including emergency action or
any other enforcement action, without first issuing a warning notice.
C.
Notice of violation. Whenever the Public Works Director finds that
a person has violated a prohibition or failed to meet a requirement
of this article, the Public Works Director shall order compliance
by written notice of violation via United States certified mail, return
receipt, to the responsible person. The written notice of violation
shall contain:
(1)
The name and address of the alleged violator;
(2)
The address when available or a description of the building, structure
or land upon which the violation is occurring or has occurred;
(3)
A statement specifying the nature of the violation;
(4)
A description of the remedial measures necessary to restore compliance
with this article and a time schedule for the completion of such remedial
action;
(5)
A statement of the penalty or penalties that shall or may be assessed
against the person to whom the notice of violation is directed;
(6)
A statement that the determination of violation may be appealed to
the Public Works Director by filing a written notice of appeal within
three business days of service of notice of violation; and
(7)
A statement specifying that, should the violator fail to restore compliance within the established time schedule, representatives of the Public Works Director may issue a notice of intent to the responsible party of his intent to perform work necessary to comply with this article. The Public Works Director may go on the land and commence the work after issuing the notice of intent. The Public Works Director is authorized to seek costs of the abatement as outlined in § 385-33.
D.
Notice of violation requirements. 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 BMPs.
A.
Emergency cease-and-desist orders.
(1)
When the Public Works Director 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 Director shall issue an order
to the violator directing it immediately to cease and desist all such
violations and directing the violator to:
(2)
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 Director
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 Director may allow the person to recommence its discharge
when it has demonstrated to the satisfaction of the Public Works Director
that the period of endangerment has passed, unless further termination
proceedings are initiated against the discharger under this article.
The 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 Director within
30 days of receipt of the order.[1]
B.
Suspension due to illicit discharges in emergency situations. The
Public Works Director may, without prior notice, suspend MS4 discharge
access to a person when such suspension is necessary to stop an actual
or threatened discharge which presents or may present imminent and
substantial danger to the environment, or to the health or welfare
of persons, or to the MS4 or waters of the state. If the violator
fails to comply with a suspension order issued in an emergency, the
Public Works Director 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.
C.
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 Public Works Director shall notify a violator of the
proposed termination of its MS4 access. A person commits an offense
if the person reinstates MS4 access to premises terminated pursuant
to this section without the prior written approval of the Public Works
Director.
A.
Any person violating any provision of this article shall be subject
to a forfeiture of not less than $100 nor more than $500 and the costs
of prosecution for each violation. Each day a violation exists shall
constitute a separate offense.
B.
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.
C.
Specific forfeitures.[1]
(1)
Forfeitures
for the illicit discharge detection and elimination program vary from
a minimum of $100 to a maximum of $500 for each day of noncompliance
and each occurrence. Issuance of a forfeiture will depend on if the
violator is nonresponsive or if the violation is blatant, intentional,
repetitive or severe. The forfeitures are as follows:
|
Notice of Violation
|
Homeowner
|
Other
| |
|---|---|---|---|
|
Failure to properly dispose of a pollutant or illicit discharge
|
$100
|
$500
| |
|
Failure to take reasonable actions to eliminate an illicit discharge
|
$100
|
$500
| |
|
Failure to take reasonable actions to locate an undocumented
drain
|
$100
|
$500
| |
|
Failure to implement WPDES industrial discharge permit
|
N/A
|
$500
| |
|
Failure to allow reasonable access for inspecting or sampling
|
$100
|
$500
| |
|
Failure to install, maintain or calibrate monitoring equipment
|
N/A
|
$500
| |
|
Failure to install or maintain nonstructural and structural
BMPs
|
N/A
|
$500
| |
|
Failure to notify Village of a spill or release of hazardous
substance
|
$100
|
$500
| |
|
Failure to take reasonable actions to prevent or contain a spill
or release of a hazardous substance
|
$100
|
$500
|
(2)
Mandatory
training workshops and/or community service projects (e.g., stream
cleanup, highway cleanup, etc.) could also be used to encourage behavior
change if a violation is blatant, intentional, nonresponsive, repetitive,
or severe.
A.
Method of appeal. Pursuant to § 385-15 of Article II of this chapter and pursuant to § 61.354(4)(b), Wis. Stats., the Village Board:
(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 Director in administering this article, except for cease-and-desist orders obtained under § 385-29;
(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 this
article 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.
B.
Who may appeal. Appeals to the Village Board may be taken by any
aggrieved person or by any office, department, board, or bureau of
the Village of Allouez affected by any decision of the Public Works
Director.
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 Director, then representatives of the Public Works Director may issue a notice of intent to the responsible party of his intent to perform work necessary to comply with this article. The Public Works Director may go on the land and commence the work after issuing the notice of intent. The Public Works Director is authorized to seek costs of abatement as outlined in § 385-33. 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.
The costs of the work performed by the Public Works Director
pursuant to this article, plus interest at the rate authorized by
the Village Board, shall be billed to the responsible party. In the
event a responsible party fails to pay the amount due, the Clerk-Treasurer
shall enter the amount due on the tax roll and collect it as a special
assessment against the property pursuant to Subchapter VII of Ch.
66, Wis. Stats.
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.
A.
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 Director to seek
cumulative remedies.
B.
The Public Works Director may recover all attorney fees, court costs
and other expenses associated with enforcement of this article, including
sampling and monitoring expenses.
The Illicit Discharge and Connection Technical Reference Guide
is hereby incorporated into this article. The Technical Reference
Guide is intended to assist in interpretation and implementation of
this article.
