Number
011255
Version
ORIGINAL
Reference
Sponsor
THE CHAIR
Title
An ordinance related to storm water management regulations.
Sections
120-1-1-e am
120-3-6 am
120-3-14 am
120-3-17 rn
120-3-17 cr
120-3-18 rn
120-3-19 rn
120-3-20 rn
120-3-21 rn
120-3-22 rn
120-3-23 rn
120-3-24 rn
120-3-25 rn
120-5-2-b am
120-7-1-0 am
120-7-2 rn
120-7-2 cr
120-7-3 rn
120-7-3 rc
120-7-4-c-1 am
120-7-4-d rp
120-7-5 cr
120-7-6 cr
120-7-7 cr
120-9-1 am
120-13-3 cr
120-17-2-d am
120-17-4 am
Analysis
This ordinance modifies the city's storm water management regulations to comply with more stringent standards promulgated by the Wisconsin department of natural resources and the Milwaukee metropolitan sewerage district to improve and protect surface water quality.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 120-1-1-e of the code is amended to read:
120-1. Purpose of Chapter.
1. e. Maintain runoff characteristics after development as nearly as possible to [[predevelopment]] runoff characteristics >>of November 18, 1992<<.
Part 2. Section 120-3-6 and 14 of the code is amended to read:
120-3. Definitions.
6. GROSS AGGREGATE AREA means the total area, in acres, of all land located within the property boundary containing the land improvement or development activity. >>This shall include all successive development within a 5-year period.<<
14. PERSON means any individual, association, organization, partnership, firm, corporation or other entity engaging in the development or redevelopment of a property, either as the owner or as the owner's agent. >>Separate corporate or individual ownership shall not be used to circumvent the intention of this chapter.<<
Part 3. Section 120-3-17 to 25 of the code is renumbered 120-3-18 to 26.
Part 4. Section 120-3-17 of the code is created to read:
17. REGULATORY AGENCY means any agency given authority to regulate or control the discharge content or rate.
Part 5. Section 120-5-2-b of the code is amended to read:
120-5. Illicit Discharges and Illegal Connections.
2. EXEMPTIONS.
b. Discharges resulting from fire fighting activities >>,excluding training activities<<.
Part 6. Section 120-7-1-0 of the code is amended to read:
120-7. Control of Storm Water Discharge.
1. APPLICABILITY. No person shall proceed with any residential, commercial, industrial or institutional improvement or subdivision of property without having provided for appropriate storm water measures that control or manage runoff from such development or redevelopment or future development of the subdivided property. A storm water management plan must be submitted and approved [[unless exempted]] pursuant to sub. 2 or waived pursuant to sub. [[3]] >>4<<. A plan is required:
Part 7. Section 120-7-2 and 3 is renumbered 120-7-3 and 4.
Part 8. Section 120-7-2 of the code is created to read:
2. DEVELOPMENT CRITERIA. A storm water management plan is required if one or both of the following criteria are met:
a. The development has a gross aggregate area of one acre or more.
b. The development occurring has an increase of 0.5 acres or more of impervious area.
Part 9. Section 120-7-3 of the code is repealed and recreated to read:
3. EXEMPTIONS. The following activities are exempt from the storm water management plan requirements:
a. Agricultural activities not associated with development.
b. Maintenance, alteration, use or improvement to an existing structure or construction activity which does not significantly change or affect the water quality and hydrologic conditions of the surface water discharge which has a previously approved storm water management plan.
c. Maintenance activities undertaken by any municipal, state or federal governmental agency.
d. Storm water management measures to be undertaken by the city on an outfall in a specified watershed, when the city engineer has determined that the person need not prepare a storm water management plan.
Part 10. Section 120-7-4-c-1 of the code is amended to read:
4. WAIVERS.
c-1. Increase [[or decrease]] the rate or volume of storm water runoff.
Part 11. Section 120-4-d of the code is repealed.
(Note: The provisions being repealed read as follows:
d. Requests to waive the structural best management practices portion of the storm water management practice portion of the storm water management plan shall be considered when the storm water is discharged into the municipal combined sewer system. (Such requests shall not be considered whenever structural practices are required by the Wisconsin department of natural resources permit process.)
Part 12. Section 120-7-5 to 7 of the code is created to read:
5. RUNOFF RELEASE RATE. Release rate and requirements shall be governed by Milwaukee metropolitan sewerage district (MMSD) chapter 13 - surface water and storm water rules.
6. RUNOFF DISCHARGE QUALITY CONTROL. Runoff quality shall meet or exceed the following criteria:
a. By design, reduce the annual average total suspended solids load in runoff by 80% as compared to no control for the site.
b. Any other regulatory agency requirements specific to the discharge produced by the development.
7. INTENT TO PROCEED. The department of public works shall be notified 3 working days before any work is commenced on the site. The contact phone number shall be listed in the storm water management plan.
Part 13. Section 120-9-1 of the code is amended to read:
120-9. Storm Water Management Plan.
1. GENERAL INFORMATION. The storm water management plan shall be prepared by a registered professional engineer. It shall contain the person's name, address and telephone number. The plan shall also contain, but is not limited to narrative descriptions and explanations, maps, charts and graphs, tables, photographs, calculations [[,]] and supporting reference information to books, publications, manuals and other documents used. >>The department of public works reserves the authority to determine the appropriateness of the methodology used.<<
Part 14. Section 120-13-3 of the code is created to read:
120-13. Manual of Storm Water Management Practices.
3. The manual is available for purchase from the department of public works.
Part 15. Section 120-17-2-d and 4 of the code is amended to read:
120-17. Enforcement.
2. COMPLIANCE ORDER.
d. If the person fails to take corrective action after being noticed, the department of neighborhood services [[may]] >>shall<< take whatever steps are necessary >>as soon as possible<< to correct the violation, including but not limited to, using city forces or engaging contractors.
4. PENALTIES. In addition to any penalty provided herein or by law, a person who is convicted of violating any provision of this chapter shall forfeit not more than [[$1,000]] >>$2,000<< for each violation together with the costs of such action. Upon failure to pay the forfeiture, the person shall be subject to imprisonment in the county [[jail or]] house of correction for no more than [[40]] >>80<< days for each offense. Each day of violation shall constitute a separate offense.
LRB
APPROVED AS TO FORM
_________________________
Legislative Reference Bureau
Date:_____________________
Attorney
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
________________________
Office of the City Attorney
Date:____________________
Requestor
Drafter
LRB01587-1
LME
12/17/01