Chapter 57

ILLICIT DISCHARGES AND CONNECTIONS

[HISTORY: Adopted by the Village Board of the Village of Holmen 2-12-2015 by Ord. No. 1-2015. Amendments noted where applicable.]  

GENERAL REFERENCES

 Building construction — See Ch. 29.

 Erosion control and stormwater management — See Ch. 56.

 Land division — See Ch. 90.

 Sewers — See Ch. 150.

 Stormwater utility — See Ch. 157.

 Water — See Ch. 187.

 

§ 57-1.  Definitions.

The following definitions shall be applicable in this chapter:

ILLICIT CONNECTION — 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 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.

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.

STORM DRAIN 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.

§ 57-2.  Discharges prohibited.

No person shall discharge, spill or dump substances or materials which are not entirely composed of stormwater into receiving bodies of water or onto driveways, sidewalks, parking lots or other areas that drain into the storm drainage system. Unless otherwise approved by the Director of Public Works, no person shall discharge roof drains, yard drains or sump pumps onto streets, sidewalks, or other areas within Village right-of-way that drain to the storm drainage system. Roof drains, yard drains, and sump pumps shall discharge onto pervious areas at grade on private property.

§ 57-3.  Connections prohibited.

The construction, use, maintenance or continued existence of illicit connections to the storm drainage system will be allowed as a grandfathered nonconforming use unless the Director of Public Works determines it is a detriment to the system. This prohibition expressly includes, without limitation, illicit connections made prior to the adoption of this chapter, regardless of whether those connections were permissible under law or practice applicable or prevailing at the time of connection. Roof drain and sump pump discharge connections are to be approved by the Director of Public Works prior to connection to the storm drainage system.

§ 57-4.  Exemptions.

The following activities are exempt from the provisions of this chapter, unless found to have an adverse impact on the stormwater system:

  1. Discharges authorized by a permit issued by the Wisconsin Department of Natural Resources.
  2. Discharges resulting from firefighting activities.
  3. Discharges from uncontaminated groundwater, potable water sources, air-conditioning condensation, springs, lawn watering, individual residential car washing, water main and hydrant flushing and municipal swimming pools, if the water has been dechlorinated.

§ 57-5.  Enforcement.

Whenever the Village of Holmen finds a person has violated a prohibition or failed to meet a requirement of this chapter, the Village of Holmen may order compliance by written notice of violation to the responsible person. Such notice may require, without limitation:

  1. The elimination of illicit connections or discharges.
  2. That violating discharges, practices, or operations shall cease and desist.
  3. The abatement or remediation of stormwater pollution or contaminated hazards and the restoration of any affected property.

D.        In the event the person fails to eliminate the illicit connections or discharges, fails to cease and desist in discharges, practices or operations in violation of this chapter or fails to abate or remediate the stormwater pollution or contamination hazards, that person may be subject to a forfeiture of not less than $100 nor more than $1,000 for each offense, together with the cost of prosecution. Each day that the violation exists shall constitute a separate offense, together with the costs of prosecuti