[HISTORY: Adopted by the Township Board of the Township of
Grosse Ile 3-28-2011 by Ord. No. 11-02. Amendments noted where applicable.]
A.
The purpose of this chapter is to provide for the health, safety,
and general welfare of the citizens of Grosse Ile Township through
the regulation of non-stormwater discharges to the storm drainage
system to the maximum extent practicable as required by federal and
state law. This chapter establishes methods for controlling the introduction
of pollutants into the municipal separate storm sewer system (MS4)
in order to comply with requirements of the National Pollutant Discharge
Elimination System (NPDES) permit process.
B.
The objectives of this chapter are to:
For the purposes of this chapter, the following shall mean:
Schedules of activities, prohibitions of practices, general
good housekeeping practices, pollution prevention and educational
practices, maintenance procedures, and other management practices
to prevent or reduce the discharge of pollutants directly or indirectly
to stormwater, receiving waters, or stormwater conveyance systems.
BMPs also include treatment practices, operating procedures, and practices
to control site runoff, spillage or leaks, sludge or water disposal,
or drainage from raw materials storage.
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.), and any subsequent amendments thereto.
Employees or designees of the municipality or agency designated
to enforce this chapter or the regulations herein.
Any material, including any substance, waste, or combination
thereof which, because of its quantity, concentration, or physical,
chemical, or infectious characteristics may cause, or significantly
contribute to, a substantial present or potential hazard to human
health, safety, property, or the environment when improperly treated,
stored, transported, disposed of, or otherwise managed.
Any direct or indirect non-stormwater discharge to the storm drain system, except as exempted in § 133-7 of this chapter.
Either of the following:
Any drain or conveyance, whether on the surface or subsurface
that allows an illegal discharge to enter the storm drain system,
including but not limited to any conveyances that allow any non-stormwater
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, regardless of whether said drain
or connection had been previously allowed, permitted, or approved
by an authorized enforcement agency; or
Any drain or conveyance connected from a commercial or industrial
land use to the storm drain system that has not been documented in
plans, maps, or equivalent records and approved by an authorized enforcement
agency.
Activities subject to NPDES industrial stormwater permits
as defined in 40 CFR, Section 122.26(b)(14).
The system of conveyances (including sidewalks, roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made channels, or storm drains) owned and operated by
the Township of Grosse Ile and designed or used for collecting or
conveying stormwater, and that is not used for collecting or conveying
sewage.
A permit issued by the EPA [or by a state under authority
delegated pursuant to 33 USC § 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.
Any discharge to the storm drain system that is not composed
entirely of stormwater and that exceeds the established state or federal
limits.
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.
Anything which causes or contributes to pollution. Pollutants
may include, but are not limited to: paints, varnishes, and solvents;
oil and other automotive fluids; non-hazardous 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; floatables; pesticides, herbicides,
and fertilizers; hazardous substances and wastes; sewage, fecal coliform
and pathogens; dissolved and particulate metals; animal wastes; wastes
and residues that result from constructing a building or structure;
and noxious or offensive matter of any kind.
Any building, lot, parcel of land, or portion of land, whether
improved or unimproved, including adjacent sidewalks and parking strips.
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.
Any surface flow, runoff, and drainage consisting entirely
of water from any form of natural precipitation, and resulting from
such precipitation.
A document which describes the best management practices
and activities to be implemented by a person or business to identify
sources of pollution or contamination at a site and the actions to
eliminate or reduce pollutant discharges to stormwater, stormwater
conveyance systems, and/or receiving waters to the maximum extent
practicable.
Any water or other liquid, other than uncontaminated stormwater,
discharged from a facility.
This chapter shall apply to all water entering the storm drain
system generated on any developed and undeveloped lands unless explicitly
exempted by Grosse Ile Township and/or the Michigan Department of
Environmental Quality (MDEQ).
Grosse Ile Township and/or the MDEQ shall administer, implement,
and enforce the provisions of this chapter. Any powers granted or
duties imposed upon Grosse Ile Township and/or the MDEQ may be delegated
in writing by the Director of Grosse Ile Township and/or the MDEQ
to persons or entities acting in the beneficial interest of or in
the employ of the agency.
This chapter is not intended to modify or repeal any other ordinance,
rule, regulation, or other provision of law. The requirements of this
chapter are in addition to the requirements of any other ordinance,
rule, regulation, or other provision of law, and where any provision
of this chapter imposes restrictions different from those imposed
by any other ordinance, rule, regulation, or other provision of law,
whichever provision is more restrictive or imposes higher protective
standards for human health or the environment shall control.
The standards set forth herein and promulgated pursuant to this
chapter are minimum standards; therefore this chapter does not intend
or imply that compliance by any person will ensure that there will
be no contamination, pollution, or unauthorized discharge of pollutants.
A.
Prohibition of illegal discharges.
(1)
No person shall throw, drain, or otherwise discharge, cause, or allow
others under its control to throw, drain, or otherwise discharge into
the MS4 any pollutants or waters containing any pollutants, other
than stormwater.
(2)
The commencement, conduct or continuance of any illegal discharge
to the storm drain system is prohibited except as described as follows:
(a)
The following discharges are exempt from discharge prohibitions
established by this chapter: water line flushing, landscape irrigation,
diverted stream flows, rising groundwaters, uncontaminated groundwater
infiltration, uncontaminated pumped groundwater, discharges from potable
water sources, foundation drains, air-conditioning condensation, irrigation
water, springs, water from crawl space pumps, footing drains, lawn
watering, individual residential car washing, flows from riparian
habitats and wetlands, dechlorinated swimming pool discharges, and
street wash water.
(b)
Discharges or flow from firefighting, and other discharges specified
in writing by Grosse Ile Township and/or the MDEQ as being necessary
to protect public health and safety.
(c)
Discharges associated with dye testing, however this activity
requires a verbal notification to Grosse Ile Township and/or the MDEQ
prior to the time of the test.
(d)
The prohibition shall not apply to any non-stormwater discharge
permitted under an NPDES permit, waiver, or waste discharge order
issued to the discharger and administered under the authority of the
United States Environmental Protection Agency (EPA), provided that
the discharger is in full compliance with all requirements of the
permit, waiver or order and other applicable laws and regulations,
and provided that written approval has been granted for any discharge
to the storm drain system.
B.
Prohibition of illegal connections.
(1)
The construction, use, maintenance or continued existence of illicit
connections to the storm drain is prohibited.
(2)
This prohibition expressly includes, without limitation, illicit
connections made in the past, regardless of whether the connection
was permissible under law or practices applicable or prevailing at
the time of the connection.
(3)
A person is considered to be in violation of this chapter if the
person connects a line conveying sewage to the MS4, or allows such
a connection to continue.
(4)
Improper connections in violation of this chapter must be disconnected
and redirected, if necessary, to an approved on-site wastewater management
system or sanitary sewer system upon approval of Grosse Ile Township
and/or the MDEQ.
(5)
Any drain or conveyance that has not been documented in plans, maps
or equivalent, and which may be connected to the storm sewer system,
shall be located by the owner or occupant of that property upon receipt
of written notice of violation from Grosse Ile Township and/or the
MDEQ requiring that such locating be completed. Such notice will specify
a reasonable time period within which the location of the drain or
conveyance is to be determined, that the drain or conveyance be identified
as storm sewer, sanitary sewer, or other, and that the outfall location
or point of connection to the storm sewer system, sanitary sewer system
or other discharge point be identified. Results of these investigations
are to be documented and provided to Grosse Ile Township and/or the
MDEQ.
Every person owning property through which a watercourse passes,
or such person's lessee, shall keep and maintain that part of
the watercourse within the property free of trash, debris, excessive
vegetation, and other obstacles that would pollute, contaminate, or
significantly retard the flow of water through the watercourse. In
addition, the owner or lessee shall maintain existing privately owned
structures within or adjacent to a watercourse so that such structures
will not become a hazard to the use, function, or physical integrity
of the watercourse.
A.
Right of entry; inspection and sampling. Grosse Ile Township and/or
the MDEQ shall be permitted to enter and inspect facilities subject
to regulation under this chapter as often as may be necessary to determine
compliance with this chapter.
(1)
If a discharger has security measures in force which require proper
identification and clearance before entry into its premises, the discharger
shall make the necessary arrangements to allow access to representatives
of Grosse Ile Township and/or the MDEQ.
(2)
Facility operators shall allow Grosse Ile Township and/or the MDEQ
ready access to all parts of the premises for the purposes of inspection,
sampling, examination and copying of records that must be kept under
the conditions of an NPDES permit to discharge stormwater, and the
performance of any additional duties as defined by state and federal
law.
(3)
Grosse Ile Township and/or the MDEQ shall have the right to set up
on any permitted facility such devices as are necessary in the opinion
of Grosse Ile Township and/or the MDEQ to conduct monitoring and/or
sampling of the facility's stormwater discharge.
(4)
Grosse Ile Township and/or the MDEQ has the right to require the
discharger to install monitoring equipment as necessary. The facility's
sampling and monitoring equipment shall be maintained at all times
in a safe and proper operating condition by the discharger at its
own expense. All devices used to measure stormwater flow and quality
shall be calibrated to ensure their accuracy.
(5)
Any temporary or permanent obstruction to safe and easy access to
the facility to be inspected and/or sampled shall be promptly removed
by the operator at the written or oral request of Grosse Ile Township
and/or the MDEQ and shall not be replaced. The costs of clearing such
access shall be borne by the operator.
(6)
Unreasonable delays in allowing Grosse Ile Township and/or the MDEQ
access to a permitted facility is a violation of a stormwater discharge
permit and of this chapter. A person who is the operator of a facility
with an NPDES permit to discharge stormwater associated with industrial
activity commits an offense if the person denies Grosse Ile Township
and/or the MDEQ reasonable access to the permitted facility for the
purpose of conducting any activity authorized or required by this
chapter.
B.
Search warrants. If Grosse Ile Township and/or the MDEQ has been
refused access to any part of the premises from which stormwater is
discharged, and he/she 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, then Grosse Ile Township and/or
the MDEQ may seek issuance of a search warrant from any court of competent
jurisdiction.
Any person responsible for a property or premises that is, or
may be, the source of an illicit discharge, may be required to implement,
at said person's expense, additional structural and nonstructural
BMPs to prevent the further discharge of pollutants to the MS4. Compliance
with all terms and conditions of a valid NPDES permit authorizing
the discharge of stormwater associated with industrial activity, to
the extent practicable, shall be deemed compliance with the provisions
of this section.
Notwithstanding other requirements of law, as soon as any person
responsible for a facility or operation, or responsible for emergency
response for a facility or operation has information of any known
or suspected release of materials which are resulting or may result
in illegal discharges or pollutants discharging into stormwater, the
storm drain system, or waters of the United States, said person shall
take all necessary steps to ensure the discovery, containment, and
cleanup of such release. In the event of such a release of hazardous
materials, said person shall immediately notify emergency response
agencies of the occurrence via emergency dispatch services. In the
event of a release of nonhazardous materials, said person shall notify
Grosse Ile Township and/or the MDEQ in person or by phone or facsimile
no later than the next business day. Notifications in person or by
phone shall be confirmed by written notice addressed and mailed to
Grosse Ile Township and/or the MDEQ within three business days of
the phone notice. If the discharge of prohibited materials emanates
from a commercial or industrial establishment, the owner or operator
of such establishment shall also retain an on-site written record
of the discharge and the actions taken to prevent its recurrence.
Such records shall be retained for at least seven years. Failure to
provide notification of a release as provided above is a violation
of this chapter.
A.
Violations.
(1)
It shall be unlawful for any person to violate any provision or fail
to comply with any of the requirements of this chapter. Any person
who has violated or continues to violate the provisions of this chapter
may be subject to the enforcement actions outlined in this section
or may be restrained by injunction or otherwise abated in a manner
provided by law.
(2)
In the event the violation constitutes an immediate danger to public health or public safety, Grosse Ile Township and/or the MDEQ is authorized to enter upon the subject private property, without giving prior notice, to take any and all measures necessary to abate the violation and/or restore the property. Grosse Ile Township and/or the MDEQ is authorized to seek costs of the abatement as outlined in § 133-15.
B.
Warning notice. When Grosse Ile Township and/or the MDEQ finds that
any person has violated, or continues to violate, any provision of
this chapter or any order issued hereunder, Grosse Ile Township and/or
the MDEQ may serve upon that person a written warning notice, specifying
the particular violation believed to have occurred and requesting
the discharger to immediately investigate the matter and to seek a
resolution whereby any offending discharge will cease. Investigation
and/or resolution of the matter in response to the warning notice
in no way relieves the alleged violator of liability for any violations
occurring before or after receipt of the warning notice. Nothing in
this subsection shall limit the authority of Grosse Ile Township and/or
the MDEQ to take any action, including emergency action or any other
enforcement action, without first issuing a warning notice.
C.
Notice of violation. Whenever Grosse Ile Township and/or the MDEQ
finds that a person has violated a prohibition or failed to meet a
requirement of this chapter, Grosse Ile Township and/or the MDEQ may
order compliance by written notice of violation to the responsible
person.
(1)
The notice of violation shall contain:
(a)
The name and address of the alleged violator;
(b)
The address, when available, or a description of the building,
structure or land upon which the violation is occurring, or has occurred;
(c)
A statement specifying the nature of the violation;
(d)
A description of the remedial measures necessary to restore
compliance with this chapter and a time schedule for the completion
of such remedial action;
(e)
A statement of the penalty or penalties that shall or may be
assessed against the person to whom the notice of violation is directed;
(f)
A statement that the determination of violation may be appealed
to Grosse Ile Township and/or the MDEQ by filing a written notice
of appeal within five days of service of notice of violation; and
(g)
A statement specifying that should the violator fail to restore
compliance within the established time schedule, the work will be
done by a designated governmental agency or a contractor and the expense
thereof shall be charged to the violator.
(2)
Such notice may require without limitation:
(a)
The performance of monitoring, analyses, and reporting;
(b)
The elimination of illicit connections or discharges;
(c)
That violating discharges, practices, or operations shall cease
and desist;
(d)
The abatement or remediation of stormwater pollution or contamination
hazards and the restoration of any affected property;
(e)
Payment of a fine to cover administrative and remediation costs;
and
(f)
The implementation of source control or treatment BMPs.
D.
Compensatory action. In lieu of enforcement proceedings, penalties,
and remedies authorized by this chapter, Grosse Ile Township and/or
the MDEQ may impose upon a violator alternative compensatory actions,
such as storm drain stenciling, attendance at compliance workshops,
creek cleanup, etc.
E.
Emergency cease and desist orders; suspensions.
(1)
Emergency cease and desist orders.
(a)
When Grosse Ile Township and/or the MDEQ finds that any person
has violated, or continues to violate, any provision of this chapter,
or any order issued hereunder, or that the person's past violations
are likely to recur, and that the person's violation(s) has (have)
caused or contributed to an actual or threatened discharge to the
MS4 or waters of the United States which reasonably appears to present
an imminent or substantial endangerment to the health or welfare of
persons or to the environment, Grosse Ile Township and/or the MDEQ
may issue an order to the violator directing it immediately to cease
and desist all such violations and directing the violator to:
(b)
Any person notified of an emergency order directed to it under
this subsection shall immediately comply and stop or eliminate its
endangering discharge. In the event of a discharger's failure
to immediately comply voluntarily with the emergency order, Grosse
Ile Township and/or the MDEQ may take such steps as deemed necessary
to prevent or minimize harm to the MS4 or waters of the United States,
and/or endangerment to persons or to the environment, including immediate
termination of a facility's water supply, sewer connection, or
other municipal utility services. Grosse Ile Township and/or the MDEQ
may allow the person to recommence its discharge when it has demonstrated
to the satisfaction of Grosse Ile Township and/or the MDEQ that the
period of endangerment has passed, unless further termination proceedings
are initiated against the discharger under this chapter. A person
that is responsible, in whole or in part, for any discharge presenting
imminent endangerment shall submit a detailed written statement, describing
the causes of the harmful discharge and the measures taken to prevent
any future occurrence, to Grosse Ile Township and/or the MDEQ within
three days of receipt of the emergency order. Issuance of an emergency
cease and desist order shall not be a bar against, or a prerequisite
for, taking any other action against the violator.
(2)
Suspension due to illicit discharges in emergency situations. Grosse
Ile Township and/or the MDEQ may, without prior notice, suspend MS4
discharge access to a person when such suspension is necessary to
stop an actual or threatened discharge which presents or may present
imminent and substantial danger to the environment, or to the health
or welfare of persons, or to the MS4 or waters of the United States.
If the violator fails to comply with a suspension order issued in
an emergency, Grosse Ile Township and/or the MDEQ may take such steps
as deemed necessary to prevent or minimize damage to the MS4 or waters
of the United States, or to minimize danger to persons.
(3)
Suspension due to the detection of illicit discharge.
(a)
Any person discharging to the MS4 in violation of this chapter
may have his/her MS4 access terminated if such termination would abate
or reduce an illicit discharge. Grosse Ile Township and/or the MDEQ
will notify a violator of the proposed termination of its MS4 access.
The violator may petition Grosse Ile Township and/or the MDEQ for
a reconsideration and hearing.
(b)
A person commits an offense if the person reinstates MS4 access
to premises terminated pursuant to this section, without the prior
approval of Grosse Ile Township and/or the MDEQ.
F.
Civil penalties. In the event a person violates any provision of
this chapter, such a violation constitutes a municipal civil infraction
which may be punishable by a fine of up to $500 per violation. In
addition to any fine and costs imposed under this chapter, the court
may assess the additional costs incurred in compelling enforcement
of the chapter. Each day that the violation takes place constitutes
a separate offense under this chapter. If any person commits a second
offense or subsequent violation of any provision of this chapter,
such a violation, in the discretion of the Township, may be charged
as a misdemeanor punishable by a fine not exceeding $500 and/or imprisonment
not exceeding 90 days, provided that the authorized Township official
issues an appearance ticket and marks it as a misdemeanor. However,
nothing herein requires the Township official to charge a repeat offense
of the same ordinance by the same individual as a misdemeanor.
Any person receiving a notice of violation may appeal the determination
of Grosse Ile Township and/or the MDEQ. The notice of appeal must
be received within five days from the date of the notice of violation.
Hearing on the appeal before the appropriate authority or his/her
designee shall take place within 10 days from the date of receipt
of the notice of appeal. The decision of the municipal authority or
its designee shall be final.
If the violation has not been corrected pursuant to the requirements
set forth in the notice of violation or, in the event of an appeal,
within five days of the decision of the municipal authority upholding
the decision of Grosse Ile Township and/or the MDEQ, then representatives
of Grosse Ile Township and/or the MDEQ shall enter upon the subject
private property and are authorized to take any and all measures necessary
to abate the violation and/or restore the property. It shall be unlawful
for any person, owner, agent or person in possession of any premises
to refuse to allow the government agency or designated contractor
to enter upon the premises for the purposes set forth above.
Within 30 days after abatement of the violation, the owner of
the property will be notified of the cost of abatement, including
administrative costs. The property owner may file a written protest
objecting to the amount of the assessment within five days. If the
amount due is not paid within a timely manner as determined by the
decision of the municipal authority or by the expiration of the time
in which to file an appeal, the charges shall become a special assessment
against the property and shall constitute a lien on the property for
the amount of the assessment.
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.
A.
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 Grosse Ile Township and/or the
MDEQ to seek cumulative remedies.
B.
Grosse Ile Township and/or the MDEQ may recover all attorneys'
fees, court costs and other expenses associated with enforcement of
this chapter, including sampling and monitoring expenses.