[3-12-2014]
(a)ย
This chapter, herein referenced as the "Illicit Discharge and Connection
Ordinance," is adopted in accordance with the General Law Village
Act, Public Act 3 of 1895, as amended, being MCLA ยงย 61.1
et seq.; the Drain Code of 1956, as amended, being MCLA ยงย 280.1
et seq.; the Land Division Act, as amended, being MCLA ยงย 560.101
et seq.; the Revenue Bond Act, as amended, being MCLA ยงย 141.101
et seq.; the Natural Resources and Environmental Protection Act, as
amended, being MCLA ยงย 324.101 et seq.; Section 401(p) of
the Federal Water Pollution Control Act (also known as the "Clean
Water Act"), as amended, being 33 U.S.C. ยงย 1342(p) and 40
CFR Parts 9, 122, 123, and 124; and other applicable state and federal
laws.
(b)ย
The Village of Stevensville shall administer, implement, and enforce
the provisions of this chapter. Any powers granted, or duties imposed,
upon the Village of Stevensville may be delegated in writing by the
Village Council of the Village of Stevensville to persons or entities
acting in the beneficial interest of, or in the employ of, the Village
of Stevensville.
[3-12-2014]
(a)ย
The Village of Stevensville finds that:
(1)ย
Illicit discharges contain pollutants that will significantly degrade
the water bodies and water resources of the Village of Stevensville,
thus threatening the health, safety, and welfare of the citizenry.
(2)ย
Illicit discharges enter the stormwater drainage system through either
direct connections (e.g., wastewater piping either mistakenly or deliberately
connected to the storm drains) or indirect connections (e.g., infiltration
into the storm drain system or spills connected by drain inlets).
(3)ย
Establishing the measures for controlling illicit discharges and
connections contained in this chapter and implementing the same will
address many of the deleterious effects of illicit discharges.
(4)ย
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.
[3-12-2014]
(a)ย
It is the purpose of this chapter to establish minimum stormwater
management requirements and controls to accomplish, among others,
the following objectives:
(1)ย
To regulate the contribution of pollutants to the stormwater drainage
system and water bodies by stormwater discharges by any user.
(2)ย
To prohibit illicit discharges and connections to the stormwater
drainage system and water bodies.
(3)ย
To establish legal authority to carry out all inspection, surveillance,
and monitoring procedures necessary to ensure compliance with this
chapter.
(4)ย
To provide appropriate remedies for failure to comply with this chapter.
[3-12-2014]
This chapter shall apply to all discharges entering the stormwater
drainage system and water bodies generated on any developed and undeveloped
lands.
[3-12-2014]
For the purpose of this chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this section,
unless the context in which they are used specifically indicates otherwise:
The Village of Stevensville and/or any persons or agencies
designated to act as the authorized enforcement agency by the Village
of Stevensville.
Structural devices or nonstructural practices that are designed
to prevent pollutants from entering stormwater flows, to direct the
flow of stormwater, or to treat polluted stormwater flows. BMPs may
include, but shall not be limited to, those described in the Michigan
Department of Environmental Quality Guidebook of BMPs for Michigan
Watersheds. Equivalent practices and design criteria that accomplish
the purposes of this chapter (including, but not limited to, minimizing
stormwater runoff and preventing the discharge of pollutants into
stormwater) shall be as determined by the Village of Stevensville
and its Engineer.
The Federal Water Pollution Control Act, 33 U.S.C. ยงย 251
et seq., as amended, and the applicable regulations promulgated thereunder.
The introduction (intentionally or unintentionally and directly
or indirectly) of any liquid, substance, pollutant, or other material
into a stormwater drainage system or water body.
Any person who directly or indirectly discharges stormwater
from any premises. "Discharger" also includes any employee, officer,
director, partner, contractor, or other person who participates in,
or is legally or factually responsible for, any act or omission that
is, or results in, a violation of this chapter.
Any and all conduits, facilities, measures, areas, and structures
that serve to convey, catch, hold, filter, store, and/or receive stormwater
or groundwater, either on a temporary or permanent basis.
The collection, conveyance, or discharge of groundwater and/or
surface water.
A drain, water body, or floodplain.
The United States. Environmental Protection Agency (EPA).
The area, usually low lands, adjoining the channel of a river,
stream, or watercourse or lake, or other body of standing water that
has been or may be covered by floodwater.
Any solid, liquid, semisolid, or gaseous substance or material
that, because of its quantity, quality, concentration, or physical,
chemical, or infectious characteristics, may cause or significantly
contribute to an increase in mortality or an increase in serious irreversible
illness or serious incapacitating but reversible illness, or may pose
a substantial present or potential hazard to human health or the environment
if improperly treated, stored, transported, disposed of, or otherwise
managed.
Any method, means, or conduit for conveying an illicit discharge
into a water body or a stormwater drainage system.
Any discharge to a water body or a stormwater drainage system
that does not consist entirely of stormwater, that is not authorized
by the terms of an NPDES permit, or that is not an authorized discharge
as defined by this chapter.
Michigan Department of Environmental Quality.
A permit issued by the EPA or a state under authority delegated
pursuant to the Clean Water Act that authorizes the discharge of pollutants
to waters of the United States.
Any discharge to the stormwater drainage system or a water
body that is not composed entirely of stormwater.
An individual, firm, partnership, association, public or
private corporation, public agency, instrumentality, or any other
legal entity.
Includes, but is not limited to, the following: any dredged
spoil, solid waste, vehicle fluids, yard wastes, animal wastes, agricultural
waste products, sediment, incinerator residue, sewage, garbage, sewage
sludge, munitions, chemical wastes, biological wastes, radioactive
materials, hazardous materials, wrecked or discharged equipment, rock,
sand, cellar dirt, and industrial, municipal, commercial, and agricultural
waste, or any other contaminant or other substance defined as a pollutant
under the Clean Water Act. "Pollutant" also includes properties or
characteristics of water, including, but not limited to, pH, heat,
TSS, turbidity, color, BOD, COD, toxicity, and odor.
Any building, structure, lot, parcel of land, or portion
of land, or property, whether improved or unimproved, including adjacent
sidewalks and parking strips.
Any person having legal or equitable title to premises or
any person having or exercising care, custody, or control over any
premises.
All applicable state rules, regulations, and laws pertaining
to water quality, including the provisions of Section 3106 of Part
31 of 1994 PA 451, as amended.
Storm sewers, conduits, curbs, gutters, catch basins, drains,
ditches, pumping devices, parking lots, roads, or other man-made channels
that are designed or used, singly or together in combination with
one another, for collecting or conveying stormwater.
A document that describes the BMPs 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, a stormwater drainage system, and/or a water body to
the maximum extent practicable.
The runoff and drainage of precipitation resulting from rainfall,
snowmelt, or other natural event or process.
Any pollutant or combination of pollutants that is or can
potentially be harmful to the public health or the environment, including,
without limitation, those listed in 40 CFR 401.15 as toxic under the
provisions of the Clean Water Act, or listed in the Critical Materials
Register promulgated by the Michigan Department of Environmental Quality,
or as otherwise provided by local, state, or federal laws, rules,
or regulations.
Any water or other liquid, other than uncontaminated stormwater,
discharged from a premises. The term includes any water that has in
any way been used and degraded or physically or chemically altered.
A river, lake, stream, creek, or other watercourse or wetlands.