WATER POLLUTION CONTROL.
Madison General Ordinances § 7.46
in effect7.46 - WATER POLLUTION CONTROL.
(1) Legislative Intent. This ordinance is designed to prevent any potentially polluting substance from reaching lakes or streams where it can create hazard to health, a nuisance or produce ecological damage and to assess responsibility and costs of clean-up to the responsible party.
(2) Definitions. In this section:
"Person" means an individual, owner, operator, corporation, partnership, association, limited liability company, municipality, interstate agency, state agency or federal agency.
"Potentially polluting substance" means any dredged soil, solid waste, incinerator residue, sewage, garbage, refuse, oil, sewage sludge, munitions, chemical wastes, biological materials, radioactive substance, heat, wrecked or discarded equipment, rock, sand, cellar dirt, sump pump residue, and industrial, municipal and agricultural waste discharged into water. (Cr. by Ord. 12,171, 7-20-98)
(3) Discharge or Release Prohibited. It shall be unlawful for any person to release, discharge, or permit the escape of any potential polluting substance into the waters of Lakes Mendota, Monona, Wingra or any part of Lake Waubesa adjacent to the boundaries of the City of Madison, or into any lake or stream in or under the jurisdiction of the City of Madison, or into any street, sewer, ditch or drainageway leading into any lake or stream, or to permit the same to be so discharged to the ground surface. (Am. and Renum. by Ord. 12,171, 7-20-98)
(4) Exception. This section shall not apply to discharge of non-storm water permitted in accordance with Section 7.47.
(5) Clean-up of Spilled or Accidentally Discharged Wastes. Any persons delivering, hauling, disposing, storing, discharging or otherwise handling potentially polluting substances, solid or liquid, such as, but not limited to, the following: fuel oil, gasoline, solvents, industrial liquids or fluids, milk, grease trap and septic tank wastes, sewage sludge, sanitary sewer wastes, storm sewer catch-basin wastes, oil or petroleum wastes, shall immediately clean up any such spilled material to prevent its becoming a hazard to health or safety or directly or indirectly causing the pollution to the lakes and streams under the jurisdiction of the City of Madison. (Am. and Renum. by Ord. 12,171, 7-20-98)
(6) Duty of Notification. Spills or accidental release of hazardous materials or potentially polluting substances at a site or of a quantity or nature that cannot adequately be cleaned up by the responsible person shall be reported immediately to the emergency number for the Madison Police Department, 911, so that assistance can be given by the proper agency. (Am. and Renum. by Ord. 12,171, 7-20-98)
(7) Financial Liability. The person responsible for the release, escape or discharge of potentially polluting substances may be held financially liable for the cost of any clean-up or attempted clean-up deemed necessary or desirable and undertaken by the City of Madison, or its designated agent, in an effort to minimize the polluting effects of the discharged substance. (Am. and Renum. by Ord. 12,171, 7-20-98)
(8) Storage of Polluting Substances. It shall be unlawful for any person to store any potentially polluting substances unless such substances are stored in such manner as to securely prevent them from escaping onto the ground surface and/or into any street, sewer, ditch or drainageway, lake or stream in or under the jurisdiction of the City of Madison. (Am. and Renum. by Ord. 12,171, 7-20-98)
(9) Enforcement Responsibility. The Director of Public Health Madison and Dane County or their designee shall have the administrative responsibility for the enforcement of this ordinance. (Am. and Renum. by Ord. 12,171, 7-20-98; Am. by ORD-15-00009, 1-28-15)
(10) Penalty. Any person failing to comply with this ordinance may be subject to a fine of not less than fifty dollars ($50) no more than two thousand dollars ($2000). Each day of violation shall constitute a separate offense. (Am. and Renum. by Ord. 12,171, 7-20-98; Am. by ORD-08-00140, 12-23-08)
(Sec. 7.46 R. & Recr. by Ord. 5041, 6-4-75; Am. by Ord. 12,171, 7-20-98)
Source: City of Madison, Wisconsin, Madison General Ordinances (Municode Library, library.municode.com)URL: https://library.municode.com/wi/madison/codes/code_of_ordinances?nodeId=COORMAWIVOICH1--10_CH7PUHE_7.46WAPOCOFetched: 11/1/2026