[Adopted 8-4-2014 by Ord. No. 311]
A.
The purpose of this article is to provide for the health, safety,
and general welfare of the citizens of East China Township through
the regulation of nonstormwater discharges to the municipal separate
storm sewer system (MS4) to the maximum extent practicable as required
by federal and state law. This article establishes methods for controlling
the introduction of pollutants into the MS4 in order to comply with
requirements of the National Pollutant Discharge Elimination System
(NPDES) permit process.
B.
The objectives of this article are:
(1)
To regulate the contribution of pollutants to the municipal separate
storm sewer system by stormwater discharges from any user;
(2)
To prohibit Illicit connections and discharges to the municipal separate
storm sewer system; and
(3)
To establish legal authority to carry out all inspection, surveillance
and monitoring procedures necessary to ensure compliance with this
article.
For the purposes of this article, the following shall mean:
Employees or designees of the director of the municipal agency
designated to enforce this article.
Activities subject to NPDES construction permits. Currently
these include construction projects resulting in land disturbance
of one acre or more. Such activities include but are not limited to
clearing and grubbing, grading, excavating, and demolition.
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.
A physical connection to an MS4 that primarily conveys nonstormwater
discharges other than uncontaminated groundwater; or a physical connection
not authorized or permitted by the local authority, where a local
authority requires authorization or a permit for physical connections.
Any discharge to, or seepage into, an MS4 that is not composed
entirely of stormwater or uncontaminated groundwater, except discharges
pursuant to an NPDES permit.
Activities subject to NPDES industrial permits as defined
in 40 CFR 122.26 (b)(14).
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.
A permit issued by Michigan Department of Environmental Quality
(MDEQ) 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 location on the MS4 owned or operated by the permittee
that discharges directly to a surface water of the state, or any location
on the MS4 owned or operated by the permittee that discharges to any
other separate storm sewer system before discharging to a surface
water of the state.
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; nonhazardous liquid and solid wastes
and yard wastes; refuse, rubbish, garbage, litter, or other discarded
or abandoned objects, ordnance, 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.
Any surface flow, runoff, and drainage consisting entirely
of water from any form of natural precipitation and resulting from
such precipitation.
Waters defined consistent with the Part 4 Rules (Rules 323.1041
through 323.1117 of the Michigan Administrative Code) to mean all
of the following, but not including drainageways and ponds used solely
for wastewater conveyance, treatment, or control:
Any water or other liquid, other than uncontaminated stormwater,
discharged from a facility.
This article shall apply to all water entering the MS4 generated
on any developed and underdeveloped lands unless explicitly exempted
by an authorized enforcement agency.
East China Township shall administer, implement, and enforce
the provisions of this article. Any powers granted or duties imposed
upon the authorized enforcement agency may be delegated in writing
by the Township Supervisor of the authorized enforcement agency to
persons or entities acting in the beneficial interest of or in the
employ of the agency.
The standards set forth herein and promulgated pursuant to this
article are minimum standards; therefore, this article 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 illicit discharges.
(1)
No person shall discharge or cause to be discharged into the municipal
separate storm sewer system (MS4) or watercourses any materials, including
but not limited to pollutants or waters containing any pollutants,
that cause or contribute to a violation of applicable water quality
standards.
(2)
Exclusions. The following stormwater discharges are excluded from
this article as long as they have not been identified as a significant
source of pollutants to the MS4 or watercourse:
(a)
Discharges or flows from:
[1]
Firefighting activities;
[2]
Water line flushing and potable water sources;
[3]
Landscape irrigation runoff, lawn watering runoff, and irrigation
waters;
[4]
Diverted stream flows and flows from riparian habitats and wetlands;
[5]
Rising groundwaters and springs;
[6]
Uncontaminated groundwater infiltration and seepage;
[7]
Uncontaminated pumped groundwater, except for groundwater cleanups
specifically authorized by NPDES permits;
[8]
Foundation drains, water from crawl space pumps, footing drains,
and basement sump pumps;
[9]
Air-conditioning condensation;
[10]
Waters from noncommercial car washing;
[11]
Street wash water; and
[12]
Dechlorinated swimming pool water from single-,
two- or three-family residences.
B.
Prohibition of illicit connections.
(1)
The construction, use, maintenance or continued existence of illicit
connections to the storm drain system 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 connection.
(3)
A person is considered to be in violation of this article if the
person connects a line conveying sewage to the MS4 or allows such
a connection to continue.
A.
Suspension due to illicit discharges in emergency situations. East
China Township 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 state. If the violator fails to comply
with a suspension order issued in an emergency, the authorized enforcement
agency may take such steps as deemed necessary to prevent or minimize
damage to the MS4 or waters of the state, or to minimize danger to
persons.
B.
Suspension due to the detection of illicit discharge.
(1)
Any person discharging to the MS4 in violation of this article may
have his or her MS4 access terminated if such termination would abate
or reduce an illicit discharge. The authorized enforcement agency
will notify a violator of the proposed termination of its MS4 access.
The violator may petition the authorized enforcement agency for a
reconsideration and hearing.
(2)
A person commits an offense if the person reinstates MS4 access to
premises terminated pursuant to this section without the prior approval
of the authorized enforcement agency.
Any person subject to an industrial or construction activity
NPDES stormwater discharge permit shall comply with all provisions
of such permit. Proof of compliance with said permit may be required
in a form acceptable to East China Township prior to the allowing
of discharges to the MS4.
A.
Applicability. This section applies to all facilities, industrial,
construction or residential, within the Township.
B.
Access to facilities.
(1)
East China Township shall be permitted to enter and inspect facilities
subject to regulation under this article as often as may be necessary
to determine compliance with this article. 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 the authorized
enforcement agency.
(2)
Facility operators shall allow East China Township 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)
East China Township shall have the right to set up on any permitted
facility such devices as are necessary in the opinion of the authorized
enforcement agency to conduct monitoring and/or sampling of the facility's
stormwater discharge.
(4)
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 East China Township
and shall not be replaced. The costs of clearing such access shall
be borne by the operator.
(5)
Unreasonable delays in allowing East China Township access to a permitted
facility is a violation of a stormwater discharge permit and of this
article. 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 the authorized enforcement
agency reasonable access to the permitted facility for the purpose
of conducting any activity authorized or required by this article.
(6)
If East China Township has been refused access to any part of the
premises from which stormwater is discharged, and there is demonstrated
probable cause to believe that there may be a violation of this article,
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 article or any order issued hereunder, or to protect the overall
public health, safety, and welfare of the community, then the authorized
enforcement agency may seek issuance of a search warrant from any
court of competent jurisdiction.
Whenever East China Township finds that a person has violated
a prohibition or failed to meet a requirement of this article, the
authorized enforcement agency may order compliance by written notice
of violation to the responsible person.
A.
Such notice may require, without limitation:
(1)
The performance of monitoring, analyses, and reporting;
(2)
The elimination of illicit connections or discharges;
(3)
That violating discharges, practices, or operations shall cease and
desist;
(4)
The abatement or remediation of stormwater pollution or contamination
hazards and the restoration of any affected property;
(5)
Payment of a fine to cover administrative and remediation costs bore
by East China Township; and
(6)
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, of up to 90 days
from discovery of the violation, 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 will be done by a designated governmental agency
or a contractor and the expense thereof shall be charged to the violator.
Any person receiving a notice of violation may appeal the determination
of the authorized enforcement agency. The notice of appeal must be
received within 10 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 15 days from the date of receipt
of the notice of appeal. The decision of the municipal authority or
his/her 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 90 days of the decision of the municipal authority upholding
the decision of the authorized enforcement agency, then representatives
of the authorized enforcement agency 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 90 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 30 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. Any person violating any of the provisions of this
article shall become liable to the Township by reason of such violation.
The liability shall be paid in not more than 12 equal payments. Interest
at the rate of percent per annum shall be assessed on the balance
beginning on the 91st day following discovery of the violation.
It shall be unlawful for any person to violate any provision
or fail to comply with any of the requirements of this article. If
a person has violated or continues to violate the provisions of this
article, the authorized enforcement agency may petition for a preliminary
or permanent injunction restraining the person from activities which
would create further violations or compelling the person to perform
abatement or remediation of the violation.
In lieu of enforcement proceedings, penalties, and remedies
authorized by this article, the authorized enforcement agency may
impose upon a violator alternative compensatory actions, such as storm
drain stenciling, attendance at compliance workshops, creek cleanup,
etc.
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 article 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.
Any person that has violated or continues to violate this article
shall be liable to criminal prosecution to the fullest extent of the
law and shall be subject to a criminal penalty as stated in our Civil
Infraction Bureau fee schedule per violation per day.
B.
The authorized enforcement agency may recover all attorneys'
fees, court costs and other expenses associated with enforcement of
this article, including sampling and monitoring expenses.
The remedies listed in this article are not exclusive of any
other remedies available under any applicable federal, state or local
law, and it is within the discretion of the authorized enforcement
agency to seek cumulative remedies.
