Number
031208
Version
SUBSTITUTE 1
Reference
Sponsor
THE CHAIR
Title
A substitute ordinance relating to runoff discharge quality control regulations.
Sections
120-7-6 rc
Analysis
Currently, the code requires 80% suspended solids removal for all new development and redevelopment projects which are required to submit storm water management plans. In order to be consistent with s. NR 151.12(5)(a) 1 to 4, Wis. Adm. Code, this ordinance reduces to 40% the percentage of suspended solids removal required for redevelopment projects and any in-fill development project under 5 acres that occurs within 10 years after October 1, 2002. The 80% suspended solids removal requirement is maintained for new development projects, and for in-fill development under 5 acres that occurs 10 or more years after October 1, 2002.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 120-7-6 of the code is repealed and recreated to read:
120-7. Control of Storm Water Discharge.
6. RUNOFF DISCHARGE QUALITY CONTROL. a. Runoff quality shall meet or exceed the following criteria:
a-1. For new development, by design, reduce to the maximum extent practicable, the total suspended solids load by 80%, based on an average annual rainfall, as compared to no runoff management controls. No person shall be required to exceed an 80% total suspended solids reduction to meet the requirements of this paragraph.
a-2. For redevelopment, by design, reduce to the maximum extent practicable, the total suspended solids load by 40%, based on an average annual rainfall, as compared to no runoff management controls. No person shall be required to exceed a 40% total suspended solids reduction to meet the requirements of this paragraph.
a-3. For in-fill development under 5 acres that occurs within 10 years after October 1, 2002, by design, reduce to the maximum extent practicable, the total suspended solids load by 40%, based on an average annual rainfall, as compared to no runoff management controls. No person shall be required to exceed a 40% total suspended solids reduction to meet the requirements of this paragraph.
a-4. For in-fill development under 5 acres that occurs 10 or more years after October 1, 2002, by design, reduce to the maximum extent practicable, the total suspended solids load by 80%, based on an average annual rainfall, as compared to no runoff management controls. No person shall be required to exceed an 80% total suspended solids reduction to meet the requirements of this paragraph.
a-5. Any other regulatory agency requirements specific to the discharge produced by the development.
b. Applicability. This subsection applies to post-construction performance standards for new development and redevelopment under s. NR 151.12, Wis. Adm. Code.
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
Department of Public Works
Drafter
LRB03551-2
RGP
2/16/04