Rothschild City Zoning Code
ARTICLE V
Illicit Discharge Detection and Elimination
[Added 12-13-2010]
§ 590-58 Findings and objectives.
The Village Board of the Village of Rothschild finds that these requirements provide for the health, safety, and general welfare of the citizens of the Village of Rothschild through the regulation of nonstormwater discharges to the storm drainage system to the maximum extent practicable as required by federal and state law. These requirements establish 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 these requirements are to:
A.
Regulate the contribution of pollutants to the municipal separate storm sewer system (MS4) by stormwater discharges by any user;
B.
Prohibit illicit connections and discharges to the municipal separate storm sewer system; and
C.
Establish legal authority to carry out all inspection, surveillance, and monitoring procedures necessary to ensure compliance with these requirements.
§ 590-59 Intent.
The intent of this article is to reduce the amount of pollutants entering into the municipal separate storm sewer system (MS4) reaching waters of the state in order to comply with requirements of the Wisconsin Pollutant Discharge Elimination System (WPDES) municipal criteria.
§ 590-60 Applicability and jurisdiction.
A.
Applicability. These requirements shall apply to all water entering the storm drain system generated on any developed and undeveloped lands unless explicitly exempted by an authorized enforcement agency.
B.
Jurisdiction. This article applies to sites within the boundaries and jurisdiction of the Village of Rothschild and to all lands within the extraterritorial plat approval jurisdiction of the Village of Rothschild.
C.
Exclusions. This article is not applicable to activities conducted by a state agency, as defined under § 227.01(1), Wis. Stats.
§ 590-61 Definitions.
For the purposes of these requirements, the following terms shall have the meanings indicated:
ADMINISTERING AUTHORITY
The Administrator of Public Works, or the designee, for the Village or Rothschild Board empowered under § 61.354, Wis. Stats., that is designated by the Village of Rothschild Board to administer this article.
BEST MANAGEMENT PRACTICES (BMPs)
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.
CLEAN WATER ACT
The Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.) and any subsequent amendments thereto.
CONSTRUCTION ACTIVITY
Activities subject to WPDES construction permits. Currently, 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.
HAZARDOUS MATERIAL
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.
ILLEGAL DISCHARGE
Any direct or indirect nonstormwater discharge to the storm drain system, except as exempted in § 590-63 of these requirements.
ILLICIT CONNECTION
Either of the following:
A.
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 system, regardless of whether said drain or connection had been previously allowed, permitted, or approved by the Village Board; or
B.
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.
INDUSTRIAL ACTIVITY
Activities subject to WPDES industrial permits.
NONSTORMWATER DISCHARGE
Any discharge to the storm drain system that is not composed entirely of stormwater.
PERSON
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.
POLLUTANT
Anything which 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.
PREMISES
Any building, lot, parcel of land, or portion of land, whether improved or unimproved, including adjacent sidewalks and parking strips.
STORM DRAINAGE SYSTEM
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.
STORMWATER
Any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation and resulting from such precipitation.
STORMWATER POLLUTION PREVENTION PLAN
A document which describes the BMPs 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.
WASTEWATER
Any water or other liquid, other than uncontaminated stormwater, discharged from a facility.
WISCONSIN POLLUTANT DISCHARGE ELIMINATION SYSTEM (WPDES) STORMWATER DISCHARGE PERMIT
A permit issued by the Wisconsin Department of Natural Resources (WDNR) that authorizes discharges to the waters of the state, whether the permit is applicable on an individual, group, or general area-wide basis.
§ 590-62 Administration; minimum standards.
A.
Administration of illicit discharge detection and elimination requirements. The Administrator of Public Works, or the designee, shall administer, implement, and enforce the provisions of these requirements. Any powers granted or duties imposed upon the Village Board may be delegated in writing by the Administrator of Public Works, on behalf of the Village Board, to persons or entities acting in the beneficial interest of or in the employ of the agency.
B.
Ultimate responsibility for illicit discharge detection and elimination. The standards set forth herein and promulgated pursuant to these requirements are minimum standards; therefore, these requirements do not intend nor imply that compliance by any person will ensure that there will be no contamination, pollution, or unauthorized discharge of pollutants.
§ 590-63 Discharge prohibitions; exemptions; illicit connections.
A.
Prohibition of illegal discharges.
(1)
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.
(2)
The following discharges are exempt from discharge prohibitions established by these requirements:
(a)
Waterline flushing or other potable water sources;
(b)
Landscape irrigation or lawn watering;
(c)
Diverted stream flows;
(d)
Rising groundwater;
(e)
Groundwater infiltration to storm drains;
(f)
Uncontaminated pumped groundwater;
(g)
Foundation or footing drains (not including active groundwater dewatering systems);
(h)
Crawl space pumps;
(i)
Air-conditioning condensation;
(j)
Springs;
(k)
Noncommercial washing of vehicles;
(l)
Natural riparian habitat or wetland flows;
(m)
Swimming pools (if dechlorinated, typically less than one part per million chlorine);
(n)
Fire-fighting activities; and
(o)
Any other water source not containing pollutants.
(3)
Discharges specified in writing by the Administrator of Public Works as being necessary to protect public health and safety are permitted.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(4)
Dye testing is an allowable discharge but requires a verbal notification to the Administrator of Public Works prior to the time of the test.
(5)
The prohibition shall not apply to any nonstormwater discharge permitted under a WPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the WDNR, 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.
(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 law or practices applicable or prevailing at the time of connection.
(3)
A person is considered to be in violation of these requirements if the person connects a line conveying sewage to the MS4 or allows such a connection to continue.
§ 590-64 Suspension of access to municipal separate storm sewer system.
A.
Suspension due to illicit discharges in emergency situations. The Administrator of Public Works, or the designee, 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 Village Board 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.
B.
Suspension due to the detection of illicit discharge.
(1)
Any person discharging to the MS4 in violation of these requirements may have its MS4 access terminated if such termination would abate or reduce an illicit discharge. The Administrator of Public Works will notify a violator of the proposed termination of its MS4 access. The violator may petition the Village Board for a reconsideration and hearing.
(2)
A person commits an offense if the person reinstates MS4 access to premises terminated pursuant to this section without the prior approval of the authorized enforcement agency.
§ 590-65 Industrial or construction activity discharge.
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 Administrator of Public Works, or the designee, prior to the allowing of discharges to the MS4.
§ 590-66 Monitoring of discharges.
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 Administrator of Public Works, or the designee, shall be permitted to enter and inspect facilities subject to regulation under these requirements as often as may be necessary to determine compliance with these requirements. 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 Village Board.
(2)
Facility operators shall allow the Administrator of Public Works, or the designee, 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 WPDES permit to discharge stormwater and the performance of any additional duties as defined by state and federal law.
(3)
The Administrator of Public Works, or the designee, shall have the right to set up on any permitted facility such devices as are necessary in the opinion of the Administrator of Public Works to conduct monitoring and/or sampling of the facility's stormwater discharge.
(4)
The Administrator of Public Works, or the designee, 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 Administrator of Public Works, or the designee, and shall not be replaced. The costs of clearing such access shall be borne by the operator.
(6)
Unreasonable delay in allowing the Administrator of Public Works, or the designee, access to a permitted facility is a violation of a stormwater discharge permit and of these requirements. 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 Administrator of Public Works, or the designee, reasonable access to the permitted facility for the purpose of conducting any activity authorized or required by these requirements.
(7)
If the Administrator of Public Works, or the designee, 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 these requirements, 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 these requirements or any order issued hereunder, or to protect the overall public health, safety, and welfare of the community, then the Village Board may seek issuance of a search warrant from any court of competent jurisdiction.
§ 590-67 Use of best management practices.
The Administrator of Public Works, or the designee, will adopt requirements identifying BMPs 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 state. 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 in compliance with the provisions of this section. These BMPs shall be part of a stormwater pollution prevention plan (SWPPP) as necessary for compliance with requirements of the WPDES permit.
§ 590-68 Watercourse protection.
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.
§ 590-69 Notification of spills.
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 waters 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 Administrator of Public Works, or the designee, 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 Administrator of Public Works, or the 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 three years.
§ 590-70 Enforcement; notice of violation.
Whenever the Administrator of Public Works, or the designee, finds that a person has violated a prohibition or failed to meet a requirement of these requirements, the Village Board may order compliance by written notice of violation to the responsible person. 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.
E.
Payment of a fine to cover administrative and remediation costs.
F.
The implementation of source control or treatment BMPs. 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 Department of Public Works or a designated contractor, including other governmental agencies, and the expense thereof shall be charged to the violator.
§ 590-71 Appeal of notice of violation.
Any person receiving a notice of violation may appeal the determination of the Administrator of Public Works. The notice of appeal must be received within 30 days from the date of the notice of violation. Hearing on the appeal before the Village Board shall take place within 30 days from the date of receipt of the notice of appeal. The decision of the municipal authority or its designee shall be final.
§ 590-72 Enforcement measures after appeal.
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 municipal authority upholding the decision of the authorized enforcement agency, then representatives of the Village Board 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.
§ 590-73 Recovery of abatement costs; liability for violation.
A.
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 10 days. If the amount due is not paid within a timely manner as determined by the decision of the municipal authority or by the expiration of the time in which to file an appeal, the charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment.
B.
Any person violating any of the provisions of this article shall become liable to the Village by reason of such violation. Interest at the rate of 6% per annum shall be assessed on the balance beginning on the 31st day following discovery of the violation.
§ 590-74 Injunctive relief.
It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of these requirements. If a person has violated or continues to violate the provisions of these requirements, the Village Board 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.
§ 590-75 Alternative compensatory action.
In lieu of enforcement proceedings, penalties, and remedies authorized by these requirements, the Village Board may impose upon a violator alternative compensatory action, such as storm drain stenciling, attendance at compliance workshops, creek cleanup, etc.
§ 590-76 Declaration of public nuisance.
In addition to the enforcement processes and penalties provided, any condition caused or permitted to exist in violation of any of the provisions of these requirements 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.
§ 590-77 Violations and penalties; recovery of expenses.
Any person that has violated or continues to violate these requirements shall be subject to a forfeiture of not less than $100 nor more than $5,000 per violation; each day such violation exists shall be deemed a separate violation. The Village Board may recover all attorney fees, court costs, and other expenses associated with enforcement of these requirements, including sampling and monitoring expenses.
§ 590-78 Other remedies.
The remedies listed in these requirements are not exclusive of any other remedies available under any applicable federal, state, or local law, and it is within the discretion of the Village Board to seek cumulative remedies.