[HISTORY: Adopted by the Town Board of the Town of Mount Pleasant 2-28-2006
by L.L. No. 2-2006. Amendments noted where applicable.]
General References
Building construction administration — See Ch. 68.
Excavations and topsoil removal — See Ch. 96.
Flood damage prevention — See Ch. 108.
Freshwater wetlands — See Ch. 111.
Sewers — See Ch. 172.
Stormwater management and erosion and sediment control — See Ch. 183.
Water — See Ch. 211.
Zoning — See Ch. 218.
The purpose of this chapter is to provide for the health, safety, and
general welfare of the citizens of the Town of Mount Pleasant through the
regulation of nonstormwater discharges to the storm drainage system to the
maximum extent practicable as required by federal and state law. This chapter
establishes methods for controlling the introduction of pollutants into the
municipal separate storm sewer system (MS4) in order to comply with requirements
of the National Pollutant Discharge Elimination System (NPDES) process. The
objectives of this chapter are:
A.
To regulate the contribution of pollutants to the MS4
by stormwater discharges by any user.
B.
To prohibit illicit connections and discharges to the
MS4.
C.
To establish legal authority to carry out all inspection,
surveillance, monitoring, and enforcement procedures necessary to ensure compliance
with this chapter.
For the purposes of this chapter, the following terms shall have the
meanings indicated:
Employees or designees of the director of the municipal agency designated
to enforce this chapter.
Schedules of activities, prohibitions of practices, general good
housekeeping practices, pollution prevention and educational practices, maintenance
procedures, and other management practices to prevent or reduce the discharge
of pollutants directly or indirectly to stormwater, receiving waters, or stormwater
conveyance systems. BMPs also include treatment practices, operating procedures,
and practices to control site runoff, spillage or leaks, sludge or water disposal,
or drainage from raw materials storage.
The federal Water Pollution Control Act [33 U.S.C. § 1251
et seq.] and any subsequent amendments thereto.
Activities subject to NPDES construction permits. These include construction
projects resulting in land disturbance of one acre or more. 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 § 124-8 of this chapter.
Either of the following:
Any drain or conveyance, whether on the surface or subsurface, that
allows an illegal discharge to enter the storm drain system, including but
not limited to any conveyances that 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 an authorized enforcement agency; or
Any drain or conveyance connected from a commercial or industrial land
use to the storm drain system that has not been documented in plans, maps,
or equivalent records and approved by an authorized enforcement agency.
Activities subject to NPDES industrial stormwater permits as defined
in 40 CFR 122.26(b)(14).
The system of conveyances (including sidewalks, roads with drainage
systems, municipal streets, catch basins, curbs, gutters, ditches, man-made
channels, or storm drains) owned and operated by the Town of Mount Pleasant
and designed or used for collecting or conveying stormwater and that is not
used for collecting or conveying sewage.
A permit issued by the EPA [or by a state under authority delegated
pursuant to 33 U.S.C. § 1342(b)] that authorizes the discharge of
a pollutant to waters of the United States, whether the permit is applicable
on an individual, group, or general area-wide basis.
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.
Anything that causes or contributes to pollution. Pollutants may
include but are not limited to paints, varnishes, and solvents; oil and other
automotive fluids; nonhazardous liquid and solid wastes and yard wastes; refuse,
rubbish, garbage, litter, or other discarded or abandoned objects, ordinances,
and accumulations, so that same may cause or contribute to pollution; floatables;
pesticides, herbicides, and fertilizers; hazardous substances and wastes;
sewage, fecal coliform and pathogens; dissolved and particulate metals; animal
wastes; wastes and residues that result from constructing a building or structure;
and noxious or offensive matter of any kind.
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.
Any surface flow, runoff, and drainage consisting entirely of water
from any form of natural precipitation and resulting from such precipitation.
A document that 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.
All references herein to "Superintendent" shall mean the Town of
Mount Pleasant Superintendent of Highways.
Any water or other liquid, other than uncontaminated stormwater,
discharged from a facility.
This chapter shall apply to all water entering the storm drain system
generated on any developed and undeveloped lands unless explicitly exempted
by the Superintendent.
The Superintendent shall administer, implement, and enforce the provisions
of this chapter. Any powers granted or duties imposed upon the Superintendent
may be delegated by the Superintendent to persons employed by the Town of
Mount Pleasant Highway Department.
This chapter is not intended to modify or repeal any other ordinance,
rule, regulation, or other provision of law. The requirements of this chapter
are in addition to the requirements of any other ordinance, rule, regulation,
or other provision of law, and where any provision of this chapter 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 provisions of this chapter are hereby declared to be severable.
If any provision, clause, sentence or paragraph of this chapter or the application
thereof to any person, establishment, or circumstances shall be held invalid,
such invalidity shall not affect the other provisions or application of this
chapter.
The standards set forth herein and promulgated pursuant to this chapter
are minimum standards; therefore, this chapter does not intend or imply that
compliance by any person will ensure that there will be no contamination,
pollution, or unauthorized discharge of pollutants.
A.
Prohibition of illegal discharges; exemptions.
(1)
No person shall throw, drain, or otherwise discharge
or cause or allow others under its control to throw, drain, or otherwise discharge
into the MS4 any pollutants or waters containing any pollutants, other than
stormwater.
(2)
The commencement, conduct or continuance of any illegal
discharge to the storm drain system is prohibited, except as described as
follows:
(a)
The following discharges are exempt from discharge prohibitions
established by this chapter: waterline flushing, landscape irrigation, diverted
stream flows, rising groundwaters, uncontaminated groundwater infiltration,
uncontaminated pumped groundwater, discharges from potable water sources,
foundation drains, air-conditioning condensation, irrigation water, springs,
water from crawl space pumps, footing drains, lawn watering, individual residential
car washing, flows from riparian habitats and wetlands, dechlorinated swimming
pool discharges, and street wash water.
(b)
Discharges or flow from fire fighting, and other discharges
specified in writing by the Superintendent as being necessary to protect public
health and safety.
(c)
Discharges associated with dye testing; however, this
activity requires a verbal notification to the Superintendent prior to the
time of the test.
(d)
The prohibition shall not apply to any nonstormwater
discharge permitted under an NPDES permit, waiver, or waste discharge order
issued to the discharger and administered under the authority of the United
States Environmental Protection Agency (EPA), 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; redirection of improper
connection; documentation of drain or conveyance.
(1)
The construction, use, maintenance or continued existence
of illicit connections to the storm drain system is prohibited.
(2)
This prohibition expressly includes, without limitation,
illicit connections made in the past, regardless of whether the connection
was permissible under the law or practices applicable or prevailing at the
time of connection.
(3)
A person is considered to be in violation of this chapter
if the person connects a line conveying sewage to the MS4 or allows such a
connection to continue.
(4)
Improper connections in violation of this chapter must
be disconnected and redirected, if necessary, to an approved on-site wastewater
management system or the sanitary sewer system upon approval of the appropriate
authority.
(5)
Any drain or conveyance that has not been documented
in plans, maps or equivalent and which may be connected to the storm sewer
system shall be located by the owner or occupant of that property upon receipt
of written notice of violation from the Superintendent 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 Superintendent.
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.
A.
Compliance with NPDES permit. Any person subject to an
industrial or construction activity NPDES 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 Superintendent prior to the allowing
of discharges to the MS4.
B.
Submission of NOI.
(1)
The operator of a facility, including construction sites,
required to have an NPDES permit to discharge stormwater associated with industrial
activity shall submit a copy of the notice of intent (NOI) to the Superintendent
at the same time the operator submits the original notice of intent to the
EPA as applicable.
(2)
A person commits an offense if the person operates a
facility that is discharging stormwater associated with industrial activity
without having submitted a copy of the notice of intent to do so to the Superintendent.
A.
Right of entry for inspection and sampling. The Superintendent
shall be permitted to enter and inspect facilities subject to regulation under
this chapter as often as may be necessary to determine compliance with this
chapter.
(1)
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 Superintendent.
(2)
Facility operators shall allow the Superintendent 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 an NPDES permit to discharge stormwater and the performance of any additional
duties as defined by state and federal law.
(3)
The Superintendent shall have the right to set up on
any permitted facility such devices as necessary in the opinion of the Superintendent
to conduct monitoring and/or sampling of the facility's stormwater discharge.
(4)
The Superintendent 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 Superintendent and shall
not be replaced. The costs of clearing such access shall be borne by the operator.
(6)
Unreasonable delays in allowing the Superintendent access
to a permitted facility is a violation of a stormwater discharge permit and
of this chapter. A person who is the operator of a facility with an NPDES
permit to discharge stormwater associated with industrial activity commits
an offense if the person denies the Superintendent reasonable access to the
permitted facility for the purpose of conducting any activity authorized or
required by this chapter.
B.
Search warrants. If the Superintendent 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 chapter 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 chapter or any order issued hereunder or to protect the overall
public health, safety, and welfare of the community, then the Superintendent
may seek issuance of a search warrant from any court of competent jurisdiction.
The owner or operator of such activity, operation, or facility shall
provide, at his/her own expense, reasonable protection from accidental discharge
of prohibited materials or other wastes into the municipal storm drain system
or watercourses. Compliance with all terms and conditions of a valid NPDES
permit authorizing the discharge of stormwater associated with industrial
activity 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 the
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. 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 Superintendent 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 Superintendent within five 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 a least three years.
B.
Failure to provide notification of a release as provided
above is a violation of this chapter.
A.
Violations; abatement of immediate danger.
(1)
It shall be unlawful for any person to violate any provision
or fail to comply with any of the requirements of this chapter. Any person
who has violated or continues to violate the provisions of this chapter may
be subject to the enforcement actions outlined in this section or may be restrained
by injunction or otherwise abated in a manner provided by law.
(2)
In the event the violation constitutes an immediate danger to public health or public safety, the Superintendent is authorized to enter upon the subject private property, without giving prior notice, to take any and all measures necessary to abate the violation and/or restore the property. The Superintendent is authorized to seek costs of the abatement as outlined in § 124-17.
B.
Warning notice. When the Superintendent finds that any
person has violated, or continues to violate, any provision of this chapter
or any order issued hereunder, the Superintendent may serve upon that person
a written warning notice 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 this subsection shall limit
the authority of the Superintendent to take any action, including emergency
action or any other enforcement action, without first issuing a warning notice.
C.
Notice of violation.
(1)
Whenever the Superintendent finds that a person has violated
a prohibition or failed to meet a requirement of this chapter, the Superintendent
may order compliance by written notice of violation to the responsible person.
The notice of violation shall contain:
(a)
The name and address of the alleged violator;
(b)
The address, when available, or a description of the
building, structure or land in or upon which the violation is occurring or
has occurred;
(c)
A statement specifying the nature of the violation;
(d)
A description of the remedial measures necessary to restore
compliance with this chapter and a time schedule for the completion of such
remedial action;
(e)
A statement of the penalty or penalties that shall or
may be assessed against the person to whom the notice of violation is directed;
(f)
A statement that the determination of a violation may
be appealed to the Superintendent by filing a written notice of appeal within
10 days of service of notice of violation; and
(g)
A statement specifying that, should the violator fail
to restore compliance within the established time schedule, the work will
be done by a designated governmental agency or a contractor and the expense
thereof shall be charged to the violator.
(2)
Such notice may require without limitation:
(a)
The performance of monitoring analyses and reporting;
(b)
The elimination of illicit connections or discharges;
(c)
That violating discharges, practices, or operations shall
cease and desist;
(d)
The abatement or remediation of stormwater pollution
or contamination hazards and the restoration of any affected property; and
(e)
The implementation of source control or treatment.
D.
Suspension of MS4 access.
(1)
Emergency cease-and-desist orders.
(a)
When the Superintendent finds that any person has violated,
or continues to violate, any provision of this chapter 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 United States which
reasonably appears to present an imminent or substantial endangerment to the
health or welfare of persons or to the environment, the Superintendent may
issue an order to the violator directing it immediately to cease and desist
all such violations and directing the violator to:
(b)
Any person notified of an emergency order directed to it under Subsection D(1)(a) 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 Superintendent may take such steps as deemed necessary to prevent or minimize harm to the MS4 or waters of the United States and/or endangerment to persons or to the environment. The Superintendent may allow the person to recommence its discharge when it has demonstrated to the satisfaction of the Superintendent that the period of endangerment has passed, unless further termination proceedings are initiated against the discharger under this chapter. A 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 Superintendent within two days of receipt of the emergency order. Issuance of an emergency cease-and-desist order shall not be a bar against, or a prerequisite for, taking any other action against the violator.
(2)
Suspension due to illicit discharges in emergency situations.
The Superintendent may, without prior notice, suspend MS4 discharge access
to a person when such suspension is necessary to stop an actual or threatened
discharge that 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 Superintendent 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.
(3)
Suspension due to the detection of illicit discharge.
(a)
Any person discharging to the MS4 in violation of this
chapter may have his/her MS4 access terminated if such termination would abate
or reduce an illicit discharge. The Superintendent will notify a violator
of the proposed termination of its MS4 access. The violator may petition the
Superintendent for a reconsideration and hearing.
(b)
A person commits an offense if the person reinstates
MS4 access to premises terminated pursuant to this section, without the prior
approval of the Superintendent.
Any person that has violated or continues to violate this chapter shall
be liable to criminal prosecution to the fullest extent of the law and shall
be subject to a criminal penalty of $350 per violation per day and/or imprisonment
for a period of time not to exceed 30 days. Each act of violation and each
day upon which any violation shall occur shall constitute a separate offense.
If the violation has not been corrected pursuant to the requirements
set forth in the notice of violation, then representatives of the Superintendent
may enter upon the subject private property and are authorized to take any
and all measurers 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 30 days after abatement of the violation, the owner of the property
will be notified of the cost of abatement, including administrative costs.
The property owner may file a written protest objecting to the amount of the
assessment within 30 days to the Town Board. The Town Board, after a hearing,
shall determine whether the assessment and the amount thereof is proper. Upon
final determination of the assessment, the property owner shall have 10 days
to pay the assessment. If not paid within that time, the charges shall become
a special assessment against the property and shall constitute a lien on the
property for the amount of the assessment. The charges shall be added to the
next Town tax levy against the property which was the source of the violation.
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 chapter 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.
The remedies listed in this chapter are not exclusive of any other remedies
available under any applicable federal, state or local law, and it is within
the discretion of the Superintendent to seek cumulative remedies.
