A.
Any person who:
(1)
Knew
or should have known that a pollutant or substance was discharged
contrary to any provision of this chapter, or contrary to any notice,
order, permit, decision or determination promulgated, issued or made
by the authorized enforcement agency under this chapter; or
(2)
Intentionally makes a false statement, representation, or certification
in an application for, or form pertaining to, a permit, or in a notice,
report, or record required by this chapter, or in any other correspondence
or communication, written or oral, with the authorized enforcement
agency regarding matters regulated by this chapter; or
(3)
Intentionally falsifies, tampers with, or renders inaccurate any
sampling or monitoring device or record required to be maintained
by this chapter; or
(4)
Commits
any other act that is punishable under state law by imprisonment for
more than 90 days.
B.
Shall, upon conviction, be guilty of a misdemeanor punishable by
a fine of $500 per violation, per day, or imprisonment for up to 90
days, or both in the discretion of the court.
The authorized enforcement agency is authorized, after giving
reasonable notice and opportunity for compliance, to correct any violation
of this chapter or damage or impairment to the stormwater drainage
system caused by a discharge and to bill the person causing the violation
or discharge for the costs of the work to be reimbursed. The costs
reimbursable under this section shall be in addition to fees, amounts
or other costs and expenses required to be paid to the authorized
enforcement agency under other sections of this chapter.
If emergency measures are necessary to respond to a nuisance;
to protect public safety, health, and welfare; and/or to prevent loss
of life, injury, or damage to property, the authorized enforcement
agency is authorized to carry out or arrange for all such emergency
measures. Property owners shall be responsible for the cost of such
measures made necessary as a result of a violation of this chapter,
and shall promptly reimburse the City for all of such costs.
Any person who discharges to a stormwater drainage system or
a water body, including, but not limited to, any person who causes
or creates a discharge that violates any provision of this chapter,
produces a deposit or obstruction or otherwise damages or impairs
a stormwater drainage system, or causes or contributes to a violation
of any federal, state, or local law governing the City, shall be liable
to and shall fully reimburse the City for all expenses, costs, losses
or damages (direct or indirect) payable or incurred by the City as
a result of any such discharge, deposit, obstruction, damage, impairment,
violation, exceedence or noncompliance. The costs that must be reimbursed
to the City shall include, but shall not be limited to, all of the
following:
A.
All costs incurred by the City in responding to the violation or
discharge, including expenses for any cleaning, repair or replacement
work, and the costs of sampling, monitoring, and treatment, as a result
of the discharge, violation, exceedence or noncompliance.
B.
All costs to the City of monitoring, surveillance, and enforcement
in connection with investigating, verifying, and prosecuting any discharge,
violation, exceedence, or noncompliance.
C.
The full amount of any fines, assessments, penalties, and claims,
including natural resource damages, levied against the City, or any
City representative, by any governmental agency or third party as
a result of a violation of applicable laws or regulations that is
caused by or contributed to by any discharge, violation, exceedence,
or noncompliance.
D.
The full value of any City staff time (including any required overtime),
consultant and engineering fees, and actual attorney fees and defense
costs (including the City legal counsel and any special legal counsel)
associated with responding to, investigating, verifying, and prosecuting
any discharge, violation, exceedence or noncompliance, or otherwise
enforcing the requirements of this chapter.
A.
Costs incurred by the City pursuant to §§ 456-15, 456-16, 456-17 and 456-19A shall constitute a lien on the premises or premises, which shall be enforceable in accordance with Act No. 94 of the Public Acts of 1933,[1] as amended from time to time, or as otherwise authorized
by law. Any such charges that are delinquent for six months or more
may be certified to the Bridgman City Treasurer, who shall enter the
lien on the next tax roll against the property or premises, the costs
shall be collected, and the lien shall be enforced in the same manner
as provided for in the collection of taxes assessed upon the roll
and the enforcement of a lien for taxes. In addition to any other
lawful enforcement methods, the City shall have all remedies authorized
by Act No. 94 of the Public Acts of 1933, as amended, and by other
applicable laws.
[1]
Editor's Note: See MCLA § 141.101 et seq.
B.
The failure by any person to pay any amounts required to be reimbursed
to the City as provided by this chapter shall constitute an additional
violation of this chapter.
A.
Suspension due to illicit discharges in emergency situations. The
authorized enforcement agency may, without prior notice, suspend access
to the stormwater drainage system to any property or premises when
such suspension is necessary to stop an actual or threatened discharge
that presents or may present imminent and substantial danger to the
environment, or to the health or welfare of persons, or to the stormwater
drainage system or a water body. If the property or premises owner
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 stormwater drainage system or
the environment, or to minimize danger to persons, and bill the property
or premises owner for the costs incurred by the City.
B.
Suspension due to the detection of illicit discharge. Any person
discharging to the stormwater drainage system in violation of this
chapter may have their access to the system terminated, if the authorized
enforcement agency determines that such termination would abate or
reduce an illicit discharge. The authorized enforcement agency will
notify a discharger of the proposed termination of access. It shall
be unlawful for any person to reinstate access of the stormwater drainage
system to a property or premises terminated pursuant to this section
without the prior written approval of the authorized enforcement agency.
Any person who has been ordered to take action to comply with
the provisions of this chapter may appeal, in writing, to the City
Council of the City of Bridgman not later than 30 days after the action
or decision being appealed. Such appeal shall identify the matter
being appealed and the basis for the appeal. The City Council shall
consider the appeal and make a decision whereby it affirms, rejects,
or modifies the action being appealed. In considering any such appeal,
the City Council may consider the recommendations of the authorized
enforcement agency and the comments of other persons having knowledge
or expertise regarding the matter. In considering any such appeal,
the City Council may grant a temporary 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:
A.
The application of the chapter provisions being appealed will present
or cause unnecessary hardship for the property or premises of owner
appealing; provided, however, that unnecessary hardship shall not
include the need for a property or premises of owner to incur additional
reasonable expenses in order to comply with this chapter; and
B.
The granting of the relief requested will not prevent accomplishment
of the goals and purposes of this chapter, nor result in less effective
management of stormwater runoff.
The City may institute legal proceedings in a court of competent
jurisdiction to seek all appropriate relief for violations of this
chapter or of any permit, order, notice or agreement issued or entered
into under this chapter. The action may seek temporary or permanent
injunctive relief, damages, penalties, costs, and any other relief,
at law or equity, that a court may order. The City may also seek collection
of fines, penalties and any other amounts assessed and due to the
City that remain unpaid.
The imposition of a single penalty, fine, order, damage, or
surcharge upon any person for a violation of this chapter, or of any
permit, order, notice or agreement issued or entered into under this
chapter, shall not preclude the imposition by the City, the authorized
enforcement agency, or a court of competent jurisdiction of a combination
of any or all of those sanctions and remedies or additional sanctions
and remedies with respect to the same violation, consistent with applicable
limitations on penalty amounts under state or federal laws or regulations.
A criminal citation and prosecution of a criminal action against a
person shall not be dependent upon and need not be held in abeyance
during any civil, judicial, or administrative proceeding, conference,
or hearing regarding the person.
