[Adopted 12-12-2017 by Ord. No. 17-03]
The intent of this article is to develop an effective program
to determine the presence of illicit discharges from storm sewer outfalls.
This article is adopted under the authority granted by § 61.354,
Wis. Stats.
This article shall apply to all water entering the stormwater
conveyance system or waters of the state generated on any developed
or undeveloped lands unless explicitly exempted by an authorized enforcement
agency.
As used in this article, the following terms shall have the
meanings indicated:
Any connection that is either:
Any drain or conveyance, whether on the surface or subsurface,
which allows an illegal discharge to enter the stormwater conveyance
system or waters of the state. This Includes but is not limited to
any conveyances which allow any nonstormwater discharge including
sewage, process wastewater and wash water to enter the stormwater
conveyance system or waters of the state. It also includes any connections
to the stormwater conveyance system 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 storm drain system which has not been documented in
plans, maps, or equivalent records and approved by an authorized enforcement
agency.
Any discharge to a stormwater conveyance system that is not
composed entirely of stormwater except discharges authorized by a
WPDES permit or other discharge not requiring a WPDES permit limited
to 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.
A.
Prohibition of illicit discharges. No person shall discharge or cause
to be discharged into the municipal stormwater conveyance system or
waters of the state or watercourses any illicit discharge.
B.
Prohibition of illicit connections.
(1)
The construction, use, maintenance or continued existence of illicit
connections to the stormwater conveyance system 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.
A.
Whenever necessary to enforce any provision of this article or whenever
the Village has cause to believe that there exists, or potentially
exists, in or upon any premises any condition which constitutes a
violation of this article, the Village may request to enter such premises
at all reasonable times to inspect the same and to inspect and copy
records related to stormwater compliance. In the event the owner or
occupant refuses entry after a request to enter and inspect has been
made, the Village is hereby empowered to seek assistance from any
court of competent jurisdiction in obtaining such entry.
B.
During any inspection as provided herein, the Village may take any
samples and perform any testing deemed necessary to aid in the pursuit
of the inquiry or to record site activities.
The owner or operator of a commercial or industrial establishment
subject to a WPDES permit shall comply with their permit, including
the development and implementation of a stormwater pollution prevention
plan (SWPPP).
A.
Notwithstanding other requirements of law, including compliance with
the Wisconsin Spill Statute, Ch. 292, Wis. Stats., 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 waters of the United States, said person
shall take all necessary steps to ensure the discovery, containment,
and cleanup of such release.
B.
In the event of a release of nonhazardous materials, said person
shall notify the authorized enforcement agency in person or by phone
no later than the next business day. Notifications in person or by
phone shall be confirmed by written notice addressed and mailed to
the Village of Osceola's designee 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 seven years. Failure to
provide notification of a release as provided above is a violation
of this article.
A.
The Village is authorized to refer any violation of this article
to the Village Attorney for the commencement of further legal proceedings
in any court with jurisdiction.
B.
Any person, firm, association, or corporation who does not comply
with the provisions of this article shall be subject to a forfeiture
of not less than $50 or more than $1,000 per offense, together with
the costs of prosecution. Each day that the violation exists shall
constitute a separate offense.
C.
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.
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.
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 Village Board of the Village of Osceola on the 12th
day of December 2017.
