[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:
BEST MANAGEMENT PRACTICES (BMPs)
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.
DISCHARGE PERMIT
A permit issued by the owner of the municipal separate storm sewer system (MS4) to a user for a discharge into the MS4.
ILLICIT CONNECTION
Any method or means for conveying an illicit discharge into the stormwater system.
ILLICIT DISCHARGE
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.
MDEQ
Michigan Department of Environmental Quality.
MS4
Municipal separate storm sewer system, as defined by federal and state laws.
NPDES
National Pollutant Discharge Elimination System, as addressed in 33 U.S.C. § 1342(b) and the Federal Clean Water Act, as amended.
NPDES STORMWATER DISCHARGE PERMIT
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.
PERFORMANCE STANDARD
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.
PERSON
Any individual, association, organization, partnership, firm, corporation or other entity recognized by law.
POLLUTANT
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.
STORMWATER
Runoff from natural precipitation, including snowmelt, as well as other surface runoff and drainage that flow via natural or man-made drainageways.
STORMWATER DRAINAGE SYSTEM (STORMWATER SYSTEM)
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.
STORMWATER POLLUTION PREVENTION PLAN (SWPPP)
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.
STORMWATER PROTECTION BOARD OF APPEALS
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.
WASTEWATER
Any water or other liquid, other than uncontaminated stormwater, discharged from a facility.
WATERS OF THE STATE
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.
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.