[HISTORY: Adopted by the Village Council of the Village of
Vicksburg 6-21-2010 by Ord. No.
261 (Ch. 74, Art. IV, of the 1995 Village Code).
Amendments noted where applicable.]
The objectives of this chapter are:
A.
To provide environmental protection to the waters of the state consistent
with the State and Federal Clean Water Acts;
B.
To regulate stormwater discharges into a stormwater system;
C.
To remove existing and prevent the introduction of pollutants into
stormwater and the degradation that said constituents may cause to
the environment;
D.
To require permits for connections to the municipal separate storm
sewer system (MS4) and to prohibit nonpermitted connections; and
E.
To establish legal authority to inspect and monitor use of the 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:
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 owner of the municipal separate storm
sewer system (MS4) to a user for a discharge into the MS4.
Any method or means for conveying an illicit discharge into
the stormwater system.
Any direct or indirect nonstormwater 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 stormwater systems 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 MS4 owner
by the MDEQ.
The technical standard or set of standards to be met. Performance
standards may be periodically revised by resolution of the Village
Council in response to state and federal regulatory requirements,
changed scientific knowledge, or similar changed conditions and/or
enhanced knowledge.
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,
articles, 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.
Runoff from natural precipitation, including snowmelt, as
well as other surface runoff and drainage that flow via natural or
man-made drainageways.
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 municipal storm drainage
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 drainageways, and/or receiving waters to the maximum extent
practicable.
A three-person board, appointed by the Village Council, to
consider and decide appeals from decisions of the Stormwater Protection
Administrator as well as such other matters as provided for in this
chapter.
Any water or other liquid, other than uncontaminated stormwater,
discharged from a facility.
The 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 drainageways
and ponds used solely for wastewater conveyance, treatment, or control.
The Village Council shall, by resolution, designate a person
or persons who shall administer, implement and enforce the provisions
of this chapter. That person shall be known as the "Stormwater Protection
Administrator."
A.
Prohibition of illicit discharges.
(1)
A person shall not discharge, directly or indirectly, any pollutant
into a stormwater discharge, 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, or as
expressly authorized by the owner of the receiving stormwater system.
(a)
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, 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, or as expressly authorized by the owner of the receiving
stormwater system.
(b)
The following shall not be deemed to be an illegal discharge
(unless identified by the Stormwater Protection Administrator as a
source of pollutants or deemed to be an interference to the proper
operation and maintenance of the stormwater system):
[1]
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
firefighting activities;
[2]
Single-family residential swimming pool discharges so long as
the pool waters have been effectively dechlorinated (less than 0.5
parts per million chlorine) and so long as the discharge does not
occur during times of heavy rains;
[3]
Discharges specified by the Stormwater Protection Administrator
as being necessary to protect public health and safety;
[4]
Dye testing using MDEQ-approved dyes, so long as preceded by
a written notification to and approval from the Stormwater Protection
Administrator; and
[5]
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.
(2)
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 Village material collection programs
and policies (such as leaf or brush pickups).
(3)
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 owner of the stormwater system.
(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 stormwater system
or allows such a connection to continue.
Any person subject to a NPDES stormwater discharge permit, Kalamazoo
County soil erosion and sedimentation control permit, or Village 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 Stormwater Protection Administrator prior
to the allowing of discharges to the stormwater system.
A.
Access to facilities.
(1)
As a condition to having a direct connection to waters of the state
or to the municipal separate storm sewer system (MS4), an industrial
or commercial facility shall permit the Village 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 (TV-ing), and examination and/or copying of records
that are required by this chapter to be maintained.
(2)
The Village may require a commercial or industrial facility that
discharges into the 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 Village's option, the
Village may install such devices. All such devices shall be calibrated
to ensure accuracy.
(3)
The Village is hereby empowered to seek assistance from any court
of competent jurisdiction in obtaining entry to a facility if the
Stormwater Protection Administrator has been refused access to any
part of the premises from which stormwater originates and/or is discharged,
and if the Village 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 Stormwater Protection Administrator, 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 Village 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 Stormwater Protection Administrator
to the facility.
B.
If the facility believes all or a portion of the BMP or SWPPP is
unreasonable, it may appeal for a variance in accordance with the
provisions of this chapter.
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 Stormwater Protection
Administrator 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 Stormwater Protection Administrator
in person or by telephone shall be documented by said person in writing
and mailed to the Administrator 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 Administrator 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 Stormwater Protection
Administrator 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 Stormwater Protection Administrator finds that a person
has violated a provision of this chapter, the Administrator 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 Village in an amount sufficient to reimburse
the Village 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 Village, with
the expense thereof charged to the violator.
A.
If an owner of property believes the requirements of this chapter
impose an unreasonable burden on the use of the owner's property,
the owner may seek a variance from the Stormwater Protection Administrator.
Such a request must be in writing with enough detail to allow the
Stormwater Protection Administrator to understand the situation and
proposed variance. If the Administrator determines that additional
information is needed, the request for additional information shall
be made within 30 days of the owner's request. Within 30 days
of the receipt of such additional information or, if no such request
is made, within 30 days of the owner's request, the Administrator
shall issue a written response to the owner. The response shall grant,
deny, or grant partial or different relief than was requested. A grant,
partial or complete, may relieve the property owner from strict compliance
with this chapter. Reasonable conditions may be imposed as part of
such a grant. The Administrator shall be guided by the primary goal
of protecting the waters of the state without creating undue hardship
upon the property owners affected.
B.
In determining whether to grant a variance and conditions to impose,
the Stormwater Protection Administrator shall be guided by the performance
standards adopted by Village Council resolution from time to time.
C.
Meeting the performance standards may constitute exceptional challenges
when contemplating redevelopment of existing sites. Any additional
stormwater imperviousness shall generally be offset to the extent
defined by the standards. However, to be consistent with the goals
of this chapter, redevelopment is also generally expected to result
in increased environmental protection whenever the overall site is
not currently performing to these standards. Therefore, in determining
whether to grant a variance and the conditions to impose for a reconstruction
project, the Stormwater Protection Administrator shall be guided by
seeking a minimum 20% improvement over existing conditions for water
quality or water volume, or both.
D.
Any person receiving a notice of violation or whose variance request
has been denied in whole or in part may appeal the determination set
forth within the notice or the variance decision to the Stormwater
Protection Board of Appeals by submitting a written notice of appeal
to the Village. The notice of appeal must be received by the Stormwater
Protection Administrator within 30 days from the date of the notice
of violation, with enough detail to allow the Stormwater Protection
Board of Appeals to understand the situation. Within 30 days of the
receipt of an appeal, the Stormwater Protection Board of Appeals shall
set the matter for hearing. Notice of the hearing shall be given in
writing to the applicant and to the owner of the stormwater system.
The applicant shall be given the opportunity to present evidence at
the hearing in person or in writing or by representative. The Board
of Appeals shall issue a written decision on the appeal. The Stormwater
Protection Board of Appeals' response shall affirm, reverse,
or modify the notice of violation being appealed.
E.
If the person who has made an appeal does not agree with the Stormwater
Protection Board of Appeals' decision, said person may appeal
the matter by filing an appeal in a court of competent jurisdiction
in the County of Kalamazoo, which may affirm, reverse or modify the
decision being appealed. Such an appeal must be filed within 30 days
of the Stormwater Protection Board of Appeals' decision.
F.
In considering all such appeals, the Stormwater Protection Administrator
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 article 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 Village may, after providing written notice, suspend stormwater
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 Village may suspend discharge
access into the stormwater system.
B.
The Village may suspend stormwater 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 stormwater system or to
the environment.
A.
The Village may perform reasonable and necessary abatement activities
whenever the Village 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 Village for all reasonable
expenses thus incurred.
B.
If the Village desires the responsible party to reimburse it for
reasonable abatement activity expenses, the Village 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 Stormwater Protection Administrator, said person may file,
within the same thirty-day period, a written objection so stating.
The Administrator shall, within 30 days of receipt of the objection,
provide an opportunity for the objecting party to present facts or
arguments supporting said objection. If the Administrator determines
that some or the entire 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 Village 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 Village 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 Village.
Any violation of this chapter shall be considered a civil infraction,
subject to a fine of not more than $500, together with costs as provided
for by article. Each day a violation exists shall be deemed a separate
violation. A citation charging such a violation may be issued by the
Village's ordinance enforcement officer or his or her designee.
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 Village to seek cumulative
remedies.
