[HISTORY: Adopted by the City Commissioners
of the City of Kalamazoo 9-20-2004 by Ord. No. 1776. Amendments noted where
applicable.]
A.
The objectives of this chapter are:
(1)
To provide environmental protection to the waters
of the state consistent with the State and Federal Clean Water Acts;
(2)
To regulate discharges into the City of Kalamazoo's
stormwater system;
(3)
To remove existing and prevent the introduction of
pollutants into the City's stormwater system, and the degradation
that said constituents may cause to the environment;
(4)
To require permits for connections to the system and
to prohibit nonpermitted connections; and
(5)
To establish legal authority to inspect and monitor
use of the City's stormwater system to ensure compliance with this
chapter, and to establish sanctions for those who violate this chapter.
For the purposes of this chapter, the following
shall mean:
Act 230, of the Public Acts of 1972, as amended, commonly
known as the "Stille-DeRossett-Hale Single State Construction Code
Act," and includes all international or national codes, including
such codes' rules or appendices, as more fully set forth in Section
4 of the Act.
[Added 8-18-2008 by Ord. No. 1846]
Devices or practices consistent with the guidelines set forth
in the most current MDEQ Guidebook of BMPs for Michigan Watersheds,
or equivalent practices and design criteria that accomplish the purposes
of this chapter, as approved by the Department, that prevent pollutants
from entering into stormwater flows, that direct the flow of stormwater,
or that treat polluted water before it enters the stormwater system.
A permit issued by the Department of Public Services ("Department"),
Engineering Division or other division as designated by the Director
to a user for a discharge into the City's stormwater drainage system.
An official map of a community, issued by the FEMA, where
the boundaries of the flood, mudslide (i.e., mudflow) related erosion
areas having special hazards have been designated as Zone A, M and/or
E.
[Added 8-18-2008 by Ord. No. 1846]
The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding, as defined in Subsection A(1) of this definition.
[Added 8-18-2008 by Ord. No. 1846]
Any land area susceptible to being inundated by water from
any source (see definition of "flooding").
[Added 8-18-2008 by Ord. No. 1846]
The operation of an overall program of corrective and preventive
measures for reducing flood damage, including but not limited to emergency
preparedness plans, flood control works, and floodplain management
regulations.
[Added 8-18-2008 by Ord. No. 1846]
In addition to this chapter, zoning ordinances, land division
regulations, building codes, health regulations, and other applications
of police power that provide standards for the purpose of flood damage
prevention and reduction.
[Added 8-18-2008 by Ord. No. 1846]
Any method or means for conveying an illicit discharge into
the stormwater drainage system of the City.
Any direct or indirect non-stormwater discharge (or seepage)
to the stormwater system that is not composed entirely of stormwater
or uncontaminated groundwater, except as exempted in this chapter.
These are considered illicit because municipal separate storm sewer
systems (MS4s) are not designed to accept, process or discharge such
discharges.
Michigan Department of Environmental Quality.
Municipal separate storm sewer system, as defined by federal
and state laws.
National Pollutant Discharge Elimination System, as addressed
in 33 U.S.C. § 1342(b) and the Federal Clean Water Act,
as amended.
A permit issued by the U.S. Environmental Protection Agency
(EPA) [or a state under authority delegated pursuant to 33 U.S.C.
§ 1342(b)] that authorizes the discharge of pollutants to
waters of the United States, whether the permit is applicable on an
individual, group, or general area-wide basis. For the purposes of
this chapter, the subject NPDES permit is issued to the City by the
MDEQ.
Any individual, association, organization, partnership, firm,
corporation or other entity recognized by law.
Any substance which, alone or in combination with other substances,
if discharged to waters of the state in sufficient quantities, causes
or contributes to, or has the potential to cause or contribute to,
a violation of a federal, state, or local water quality standard,
a nuisance, or to render such waters harmful, detrimental or injurious
to public health, safety or welfare, or to domestic, industrial, agricultural,
recreational, or other legitimate beneficial uses or to any organism,
aquatic life, plant or animal. 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; sediment; floatables; pesticides, herbicides, and fertilizers;
hazardous substances and wastes; sewage, fecal coliform and pathogens;
dissolved and particulate metals; animal wastes; residues that result
from constructing a building or structure; and noxious or offensive
matter of any kind.
Run off from natural precipitation, including snowmelt, as
well as other surface runoff and drainage that flow via natural or
man-made drainage ways.
Any mode of conveyance that allows or permits the flow of
stormwater to waters of the state, excluding combined sewer systems
and sanitary sewer systems (separate stormwater systems are not intended
to carry sanitary wastewater). The conveyance may be opened or enclosed,
public or private, and may contain nonstormwater discharges. Specifically,
the stormwater system includes all of the City's storm sewer infrastructures
and natural drainage designs that are intended to collect, control,
and provide a method of conveyance, discharge, and perhaps treatment
of stormwater. This may include roads with drainage systems, municipal
streets, catch basins, inlets, curbs, gutters, ditches, and man-made
swales, channels, wetlands, storm drains, outfalls, and treatment
structures.
A document, which describes the best management practices
(BMPs) and activities be implemented by a person or business to identify
known or potential sources of pollution or contamination at a site
and the actions to eliminate or reduce pollutant discharges to stormwater,
stormwater drainage ways, and/or receiving waters to the maximum extent
practicable.
Anything built or constructed, an edifice or building of
any kind, or any piece of work artificially built up or composed of
parts joined together in some definite manner.
[Added 8-18-2008 by Ord. No. 1846]
Any water or other liquid, other than uncontaminated stormwater,
discharged from a facility.
Great Lakes and their connecting waters, all inland lakes,
rivers, streams, impoundments, open drains, and other surface bodies
of water within the confines of the state. It does not include drainage
ways and ponds used solely for wastewater conveyance, treatment, or
control.
[Amended 8-18-2008 by Ord. No. 1846]
The City's Department of Public Services ("Department")
shall administer, implement and enforce the provisions of this chapter.
For purposes of floodplain management regulations, the Department
will work in conjunction with the City's building officials in performing
such responsibilities. In addition, any other powers granted or duties
imposed upon the Department may be delegated in writing by the Department
Director to third parties as the Director deems appropriate.
A.
Prohibition of illicit discharges.
(1)
A person shall not discharge, directly or indirectly,
any pollutant into the City's stormwater system, except in quantities
expressly authorized by an approved NPDES permit or by a plan for
compliance, or that are consistent with the utilization of best management
practices.
(2)
A person shall not improperly store, handle, or apply
any pollutant in a manner that will cause its exposure to rainfall
or runoff or otherwise cause it to discharge into the stormwater system,
except in quantities explicitly authorized by an approved NPDES permit
or by a plan for compliance, or that are consistent with the utilization
of best management practices.
(3)
The following shall not be deemed to be an illegal
discharge (unless identified by the Department as a source of pollutants
or deemed to be an interference to the proper operation and maintenance
of the stormwater drainage system):
(a)
Water supply line flushing, landscape irrigation runoff,
diverted stream flows, rising groundwaters, uncontaminated groundwater
infiltration [as defined by 40 CFR 35.2005 (20)], pumped groundwater
(except for groundwater cleanups not specifically authorized by NPDES
permits), discharges from potable water sources, foundation drains,
air conditioning condensate, irrigation water, springs, water from
crawl space pumps, footing drains and basement sump pumps, lawn watering
runoff, waters from noncommercial car washing, flows from riparian
habitats and wetlands, and residual street wash waters, discharges
or flows from emergency fire fighting activities;
(b)
Residential swimming pool discharges so long as the pool waters have been effectively de-chlorinated (less than 0.5 parts per million chlorine) and so long as the discharge does not occur during times of heavy rains (nonresidential/commercial swimming pools are regulated under Chapter 34, Swimming Pools, of the Kalamazoo Code and Chapter 28, Wastewater Discharge Regulations and Enforcement Procedures);
(c)
Discharges specified by the Department as being necessary
to protect public health and safety;
(d)
Dye testing using MDEQ or Department approved dyes,
so long as preceded by a written notification to and approval from
the Department; and
(e)
Any nonstormwater discharge permitted under an NPDES
permit, waiver, or waste discharge order issued to the discharger
and administered under the authority of the Federal Environmental
Protection Agency or MDEQ, provided that the discharger is in full
compliance with all requirements of the permit or order, and other
applicable laws and regulations, and provided that written approval
has been granted for any discharge to the stormwater system.
(4)
No person shall place any material in or around any
stormwater system component, including catch basins, inlets, manholes,
culverts, pipes, or natural watercourse, if such material acts to
significantly obstruct or clog the stormwater system or stormwater
flow. This prohibition shall not apply to the temporary placement
of material as acceptable and consistent with official City material
collection programs and policies (such as leaf or brush pickups).
(5)
A person may not discharge fluids into or towards
the stormwater system if such discharge accumulates and freezes on
a street or sidewalk, or is reasonably likely to do so.
B.
Prohibition of illicit connections.
(1)
No person shall construct, use, maintain, or allow
to continue to exist a connection to the stormwater system unless
first permitted to do so by the City's Department of Public Services,
Engineering Division or other department designated division.
(2)
This requirement includes, without limitation, 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 this
chapter if the person connects a conduit conveying wastewater to the
MS4, or allows such a connection to continue.
[Added 8-18-2008 by Ord. No. 1846[1]]
A.
Pursuant to the provisions of Section 8b of the Act,
the City is hereby designated as the enforcing agency to discharge
its responsibility under the Act and assumes responsibility for the
administration and enforcement of the Act, including Appendix G of
the Michigan Building Code, as amended, throughout its corporate limits.
B.
The Federal Emergency Management Agency (FEMA) Flood
Insurance Study (FIS) entitled "Kalamazoo County, Michigan (Community
No. 260315)," referred to as "Flood Insurance Study No. 26077CV000A"
and dated February 17, 2010, and the Flood Insurance Rate Maps (FIRMs)
generated by that study, are identified as follows:
[Amended 2-1-2010 by Ord. No. 1866]
|
Map No.
|
Date
|
Type
| ||
|---|---|---|---|---|
|
1.
|
26077C0169D
|
February 17, 2010
|
FIRM
| |
|
2.
|
26077C0175D
|
February 17, 2010
|
FIRM
| |
|
3.
|
26077C0179D
|
February 17, 2010
|
FIRM
| |
|
4.
|
26077C0180D
|
February 17, 2010
|
FIRM
| |
|
5.
|
26077C0185D
|
February 17, 2010
|
FIRM
| |
|
6.
|
26077C0186D
|
February 17, 2010
|
FIRM
| |
|
7.
|
26077C0187D
|
February 17, 2010
|
FIRM
| |
|
8.
|
26077C0188D
|
February 17, 2010
|
FIRM
| |
|
9.
|
26077C0189D
|
February 17, 2010
|
FIRM
| |
|
10.
|
26077C0191D
|
February 17, 2010
|
FIRM
| |
|
11.
|
26077C0195D
|
February 17, 2010
|
FIRM
| |
|
12.
|
26077C0285D
|
February 17, 2010
|
FIRM
| |
|
13.
|
26077C0301D
|
February 17, 2010
|
FIRM
| |
|
14.
|
26077C0302D
|
February 17, 2010
|
FIRM
| |
|
15
|
26077C0310D
|
February 17, 2010
|
FIRM
| |
|
and are adopted by reference (including any
subsequent amendments or replacements) and declared to be a part of
Section 1612.3 of the Michigan Building Code.
|
C.
In performing the responsibilities under § 29-3, the Department and building officials shall administer, apply, and enforce the floodplain management regulations as contained in the State Construction Code (including Appendix G) and to be consistent with those regulations by:
(1)
Obtaining, reviewing and reasonably utilizing flood
elevation data available from federal, state, or other sources pending
receipt of data from FEMA to identify the flood hazard area and areas
with potential flooding.
(2)
Ensuring that all permits necessary for development
in floodplain areas have been issued, including a floodplain permit,
approval, or letter of no authority from the Michigan Department of
Environmental Quality under the floodplain regulatory provisions of
Part 31, Water Resources Protection, of the Natural Resources and
Environmental Protection Act, 1994 PA 451, as amended.
(3)
Reviewing all permit applications to determine whether
the proposed building sites will be reasonably safe from flooding.
Where it is determined that a proposed building will be located in
a flood hazard area or special flood hazard area, the Construction
Code Act enforcing agent shall implement the following applicable
codes according to their terms:
(a)
Floodplain management regulation provisions,
and referenced codes and standards, of the Michigan Residential Code,
as amended.
(b)
Floodplain management regulation provisions,
and referenced codes and standards, of the Michigan Building Code,
as amended.
(c)
Appendix G of the Michigan Building Code, as
amended.
(4)
Reviewing all proposed subdivisions or land divisions
to determine whether such proposals are reasonably safe from flooding
and to ensure compliance with all applicable floodplain management
regulations.
(5)
Assisting in the delineation of flood hazard areas;
providing information concerning uses and occupancy of the floodplain
or flood-related erosion areas, maintaining floodproofing and lowest
floor construction records, cooperating with other officials, agencies,
and persons for floodplain management.
(6)
Advising FEMA of any changes in City boundaries, including
appropriate maps.
(7)
Maintaining records of new structures and substantially
improved structures concerning any certificates of floodproofing,
lowest floor elevation, basements, floodproofing, and elevations to
which structures have been floodproofed.
D.
In conjunction with this section, the City has adopted
a "Resolution to Manage Floodplain Development for the National Flood
Insurance Program (NFIP)," and may from time to time adopt other resolutions
in order for the city to continue to participant in the NFIP.
Any person subject to a NPDES stormwater discharge
permit, City of Kalamazoo soil erosion and sedimentation control permit,
or City of Kalamazoo site plan review shall comply with all provisions
of such permit or approvals. Proof of compliance with said permits
or approvals may be required in a form acceptable to the Department
prior to the allowing of discharges to the MS4.
A.
Access to facilities.
(1)
As a condition to having a connection to the City's
stormwater system, an industrial or commercial facility shall permit
the Department to enter and inspect at reasonable times and in a reasonable
manner to determine compliance with this chapter. Such entry and inspection
may include but not be limited to sampling, analysis, dye testing,
smoke testing, remote video inspection (Tving), and examination and/or
copying of records that are required by this chapter to be maintained.
(2)
The Department may require a commercial or industrial
facility that discharges into the City's stormwater system to install
devices as are reasonably necessary to monitor and/or sample the facility's
stormwater discharge. In the alternative, and at the City's option,
the City may install such devices. All such devices shall be calibrated
to ensure accuracy.
(3)
The City is hereby empowered to seek assistance from
any court of competent jurisdiction in obtaining entry to a facility
if the Department has been refused access to any part of the premises
from which stormwater originates and/or is discharged, and if the
Department is able to demonstrate probable cause to believe that there
may be a violation of this chapter, 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 this chapter or any order issued
hereunder, or to protect the overall public health, safety, and welfare
of the community. In addition, or in the alternative, the Department,
if denied entry, may terminate the facility's connection to the stormwater
system. Such termination must be preceded by written notice to the
facility of such intent.
A.
If the owner or operator of a facility does not provide
reasonable protection from illicit discharge, the Department may require
best management practices (BMPs) and/or stormwater pollution prevention
plans (SWPPPs) for a facility that discharges, or is reasonably suspected
of discharging, pollution into the stormwater system, at the facility's
expense. A BMP shall be consistent with the guidelines set forth in
the most current MDEQ Guidebook of BMPs for Michigan Watersheds, or
equivalent practices and design criteria that accomplish the purposes
of this chapter, as approved by the Department. A BMP and/or a SWPPP,
which may be imposed even if the facility is subject to a NPDES permit,
shall be communicated in writing by the Department to the facility.
B.
If the facility believes all or a portion of the BMP
or SWPPP is unreasonable, it may appeal it to the Department Director.
Such an appeal must be in writing and must be received by the Department
Director within 14 days of when the BMP and/or SWPPP notification
is received by the facility. In the absence of such an appeal, the
facility shall implement the BMP and/or SWPPP before the deadline
stipulated by the Department in the original written notification
regarding the BMP requirement. If an appeal is denied, the facility
shall implement the BMP and/or SWPPP within a deadline stipulated
by the Department in the appeal denial notification letter. The required
BMP implementation time period will be based on the severity of the
specific situation and may range from one day to 45 days.
A.
Notwithstanding other requirements of law, as soon
as any person responsible for a facility, or responsible for emergency
response for a facility, has information of a release, or suspected
release, of pollutants into the stormwater system, said person shall
take all reasonable and necessary steps to discover, contain, and
clean up such release, including, if necessary, contacting emergency
response agencies. Said person shall also notify the Department of
the discharge either in person, by telephone, or by facsimile as soon
as possible, but in no event more than six hours after learning of
the release.
B.
All spill notifications provided to the Department
in person or by telephone shall be documented by said person in writing
and mailed to the Department within five business days of said incident.
Such written notice shall specify the following: the composition of
the discharge and the cause thereof; the exact date, time, and estimated
volume of the discharge; all measures taken to clean up the discharge,
and all measures proposed to be taken to reduce and prevent any recurrence;
the name and telephone number of the person making the report, and
the name of the person who may be contacted for additional information
on the matter. The person shall also provide the Department with copies
of all documents the person submits to state or federal agencies relating
to the same release.
A facility shall prepare and maintain records
and/or conduct such testing and analysis as deemed necessary by the
Department to insure compliance with a BMP or a SWPPP. The facility
shall make such records and test results available to the Department
upon request. The owner or operator shall retain a copy of the written
notice, all books, drawings, plans, prints, documents, memoranda,
reports, correspondence, and records, including records on magnetic
or electronic media, and any and all summaries of such records relating
to monitoring, sampling, and chemical analysis of any discharge or
stormwater runoff from any property for at least five years.
A.
Whenever the Department finds that a person has violated
a provision of this chapter, the Department may order compliance by
issuing a written notice of violation to the responsible person. Such
notice may require one or more of the following:
(1)
The performance of monitoring, analyses, and reporting;
(2)
The elimination of an illicit connection or discharge;
(3)
That violating discharges, practices, or operations
cease and desist;
(4)
The abatement or remediation of stormwater pollution
or contamination hazards and the restoration of any affected property;
(5)
The abatement and correction of any degradation of
riparian habitat and aquatic life caused by the failure to design,
install, operate, or maintain sediment control, stormwater management,
or agricultural BMPs in accordance with an approved sediment control
plan, stormwater plan, sediment control permit, Soil Conservation
and Quality Plan, or plan for compliance;
(6)
The reimbursement to the City in an amount sufficient
to reimburse the City for all reasonable administrative and remediation
costs; and
(7)
The implementation of source control or treatment
BMPs.
B.
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 may be done by
the Department, with the expense thereof charged to the violator.
A.
Any person receiving a notice of violation may appeal
the determination to the Department Director. The notice of appeal
must be received by the Director within 30 days from the date of the
notice of violation and identify the matter being appealed and the
basis for the appeal. The Director shall address the appeal within
30 days from the date of receipt of the notice of appeal. The Director
will consider the appeal and make a decision whereby it affirms, rejects,
or modifies the action being appealed. In considering any such appeal,
the Director may consider the recommendations of its staff and the
comments of other persons having knowledge of the matter.
B.
In considering all such appeals, the Director may
grant a variance from the terms of this chapter so as to provide relief,
in whole or in part from the action being appealed, but only upon
finding that the following requirements are satisfied:
(1)
The application of the chapter provisions being appealed
will present or cause unreasonable difficulties for a facility; and
(2)
The granting of the relief requested will not substantially
prevent the goals and purposes sought to be accomplished by this chapter
from being accomplished, nor result in less effective management of
stormwater runoff.
A.
The Department may, after providing written notice,
suspend MS4 discharge access to a person in violation of this chapter.
Written notice shall describe the nature of the violation and the
action necessary to correct the violation. If the violation continues
for 10 calendar days after the notice was sent, the Department may
suspend MS4 discharge access.
B.
The Department may suspend MS4 discharge access to
a person in violation of this chapter, without prior notice, when
such suspension is necessary to stop an actual or threatened discharge
that presents an imminent and substantial danger to the City's stormwater
system or to the environment.
A.
The Department may perform reasonable and necessary
abatement activities whenever the Department determines a violation
of this chapter has occurred and it appears that the responsible party
cannot or will not timely perform said activities, or when no known
responsible party exists. The responsible party shall reimburse the
City for all reasonable expenses thus incurred.
B.
If the City desires the responsible party to reimburse
it for reasonable abatement activity expenses, the City shall, within
90 days of the completion of said activities, mail to that person
a notice of claim outlining the expenses incurred, including reasonable
administrative costs, and the amounts thereof. The person billed shall
pay said sum in full within 30 days of receipt of the claim. If the
person billed desires to object to all or some of the amount sought
by the Department, said person may file, within the same thirty-day
period, a written objection so stating. The Department shall, within
30 days of its receipt of the objection, provide an opportunity for
the objecting party to present facts or arguments supporting said
objection. If the Department determines that some or all of the amount
originally billed is appropriate, the person shall pay said sum within
30 days of receipt of that determination. If the amount due is not
timely paid, the City may cause the charges to become a special assessment
against the property and shall constitute a lien on the property.
If a person has violated or continues to violate
the provisions of this chapter, the Department may petition the appropriate
court for injunctive relief restraining the person from activities
which would create further violations, or compelling the person to
perform necessary abatement or remediation.
In addition to the enforcement processes and
penalties provided, any condition caused or permitted to exist in
violation of any of the provisions of this chapter 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 by the City.
Any person who violates this chapter shall be
guilty of a misdemeanor, punishable by a fine of not more than $500
or imprisonment of not more than 90 days. Each day a violation exists
shall be deemed a separate violation.
The remedies listed in this chapter are not
exclusive of any other remedies available under any applicable federal,
state, or local law and it is within the discretion of the Department
to seek cumulative remedies.
