For the purposes of this article, the following shall mean:
CONSTRUCTION ACTIVITY
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.
HAZARDOUS MATERIAL
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.
ILLICIT CONNECTION
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.
ILLICIT DISCHARGE
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.
INDUSTRIAL ACTIVITY
Activities subject to NPDES industrial permits as defined
in 40 CFR 122.26 (b)(14).
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
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.
OUTFALL or DISCHARGE POINT
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.
PERSON
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.
POLLUTANT
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.
PREMISES
Any building, lot, parcel of land, or portion of land, whether
improved or unimproved, including adjacent sidewalks and parking strips.
STORMWATER
Any surface flow, runoff, and drainage consisting entirely
of water from any form of natural precipitation and resulting from
such precipitation.
SURFACE WATERS OF THE STATE
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:
A.
The Great Lakes and their connecting waters.
G.
Other surface bodies of water within the confines of the state.
WASTEWATER
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.
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.
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.
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.