[HISTORY: Adopted by the Town Board of the Town of Vinland
as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-7-2009 (Title
15, Ch. 2, of the 2004 Code)]
A.
Surface water drainage matters in the Town of Vinland shall be administered
by the Winnebago County Land and Water Conservation Department (herein
referred to as "LWCD"). The LWCD reviews and comments on said drainage
plans.
B.
The LWCD or an agent thereof will in writing certify that each drainage
plan is in compliance before the Town of Vinland Building Inspector
will issue an occupancy permit.
C.
This section applies to residential and agricultural development
in the Town of Vinland.
D.
Commercial and industrial applies to Winnebago County Planning and
Zoning Department.
A.
Purpose. The purpose of this article is to provide for health, safety
and general welfare of the citizens of the Town of Vinland and protect
waters of the state through the regulation of illicit discharges to
the municipal separate storm sewer system as required by federal and
state law. This article establishes methods of controlling the discharge
of pollutants into the municipal separate storm sewer system owned
or operated by the Town of Vinland in order to comply with the requirements
of the Clean Water Act, § 281.33, Wis. Stats., and Wisconsin
Pollutant Discharge Elimination System Municipal Stormwater Discharge
Permit Program under Ch. NR 216, Wis. Adm. Code. The objectives of
this article are:
(1)
To regulate the contribution of pollutants to the municipal separate
storm sewer system associated with discharges from any user of the
municipal separate storm sewer system.
(2)
To prohibit illicit connections and discharges to the municipal separate
storm sewer system.
(3)
To establish legal authority to carry out all inspection, surveillance
and monitoring procedures necessary to ensure compliance with this
article.
B.
AUTHORIZED AGENCY
ILLICIT CONNECTION
ILLICIT DISCHARGE
MUNICIPAL SEPARATE STORM SEWER SYSTEM or MS4
(1)
(2)
(3)
(4)
NONSTORMWATER DISCHARGE
STORMWATER
WATERS OF THE STATE
Definitions. For the purpose of this article, the following definitions
are applicable:
Employees or designees of the director or directors of the
municipal agency or agencies of the Town of Vinland designated to
administer or enforce this article.
Any drain or conveyance, whether on the surface or subsurface,
which allows the discharge of sanitary waste to the municipal separate
storm sewer system and any connections to the municipal separate storm
sewer system from indoor drains and sinks.
Any discharge to a municipal separate storm sewer that is
not composed entirely of stormwater, except discharges authorized
by a WPDES permit or other discharges not requiring a WPDES permit.
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 the following
criteria:
Owned or operated by the Town of Vinland.
Designed or used for collecting or conveying stormwater.
Which is not a combined sewer conveying both sanitary wastewater
and stormwater.
Which is not part of publicly owned wastewater treatment works
that provides secondary or more stringent treatment.
Any discharge to the municipal separate stormwater system
that is not composed entirely of stormwater.
Surface runoff and drainage of rainfall and snow or ice melt.
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.
This article shall apply to all discharges to the MS4 and to
all activities that can reasonably be expected to result in a discharge
to the MS4.
The Town of Vinland shall administer, implement and enforce
the provisions of this article. Any powers granted or duties imposed
by this article upon the authorized agency may be delegated by the
Town Board to persons or entities acting in the beneficial interest
of or in the employ of the Town.
The standards set forth herein and promulgated 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 discharges.
A.
Prohibition of illicit discharges. No person shall discharge or cause
to be discharged into the MS4 or waters of the state 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 illicit discharge to the MS4 is prohibited. The following nonstormwater
discharges or flows are generally not considered illicit discharges
if done so in a nonpolluting manner: waterline 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, dechlorinated swimming pool water, and firefighting.
[Amended 1-10-2022 by Ord. No. 2022-001]
B.
Prohibition of illicit connections.
(1)
The construction, use maintenance or continued existence of illicit
connections to 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 sanitary waste to the MS4 or allows
such a connection to continue.
The authorized agency 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 authorized agency.
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 a water of the state, said person shall take all necessary
steps to ensure the discovery, containment and cleanup of such release.
In the event of such a release of hazardous materials, said person
shall immediately notify emergency response agencies of the occurrence
via emergency dispatch services. In the event of a release of nonhazardous
materials, said person shall notify the authorized agency 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 authorized agency within three business days of
the phone notice.
A.
Violations. It shall be unlawful for any person to violate any provision
of this article. Each and every day during which the violation continues
shall constitute a separate offense. The Town may institute appropriate
action or proceedings to enjoin violations of this article.
B.
Penalties. Any person who fails to comply with the provisions of this article shall, upon conviction thereof, be punishable as set forth in § 1-4, General penalty, of the Code, including payment of the Town's reasonable and actual attorney's fees and disbursements incurred in the prosecution of such violations.[1]
