A. 
Violation; municipal civil infraction. Except as provided by § 228-14F, and notwithstanding any other provision of the Township of Buchanan's laws, ordinances, and regulations to the contrary, a person who violates any provision of this chapter (including, without limitation, any notice, order, permit, decision or determination promulgated, issued or made by the Authorized Enforcement Agency under this chapter) is responsible for a municipal civil infraction, subject to payment of a civil fine of not less than $1,000 per day for each infraction and not more than $10,000 per day for each infraction, plus costs and other sanctions.
B. 
Repeat offenses; increased fines. Increased fines may be imposed for repeat offenses. As used in this section, "repeat offense" means a second (or any subsequent) municipal civil infraction violation of the same requirement or provision of this chapter (i) committed by a person within any twelve-month period and (ii) for which the person admits responsibility or is determined to be responsible. The increased fine for a repeat offense under this chapter shall be as follows:
(1) 
The fine for any offense that is a first repeat offense shall be not less than $2,500, plus costs.
(2) 
The fine for any offense that is a second repeat offense or any subsequent repeat offense shall be not less than $5,000, plus costs.
C. 
Amount of fines. Subject to the minimum fine amounts specified in § 228-14B(1) and (2), the following factors shall be considered by a court in determining the amount of a municipal civil infraction fine following the issuance of a municipal civil infraction citation for a violation of this chapter: the type, nature, severity, frequency, duration, preventability, potential and actual effect, and economic benefit to the violator (such as delayed or avoided costs or competitive advantage) of a violation; the violator's recalcitrance or efforts to comply; the economic impacts of the fine on the violator; and such other matters as justice may require. A violator shall bear the burden of demonstrating the presence and degree of any mitigating factors to be considered in determining the amount of a fine. However, mitigating factors shall not be considered unless it is determined that the violator has made all good faith efforts to correct and terminate all violations.
D. 
Authorized local official. Notwithstanding any other provision of the Township of Buchanan's laws, ordinances, and regulations to the contrary, the following person is designated as the authorized local official to issue municipal civil infraction citations for violations of this chapter (in addition to any other persons so designated by the Authorized Enforcement Agency): the Building Inspector and any police officer.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
E. 
Other requirements and procedures. Except as otherwise provided by this section, the requirements and procedures for commencing municipal civil infraction actions; issuance and service of municipal civil infraction citations; determination and collection of court-ordered fines, costs and expenses; appearances and payment of fines and costs; failure to answer, appear or, pay fines; disposition of fines, costs and expenses paid; and other matters regarding municipal civil infractions shall be as set forth in Act No. 236 of the Public Acts of 1961, MCLA § 600.101, as amended.
F. 
Any person who (1) at the time of a violation 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; 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.
G. 
Any person who aids or abets another person in a violation of this chapter shall be subject to the sanctions provided in this section.
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 Township of Buchanan 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 Township of Buchanan, shall be liable to and shall fully reimburse the Township of Buchanan for all expenses, costs, losses or damages (direct or indirect) payable or incurred by the Township of Buchanan as a result of any such discharge, deposit, obstruction, damage, impairment, violation, exceedance, or noncompliance. The costs that must be reimbursed to the Township of Buchanan shall include, but shall not be limited to, all of the following:
A. 
All costs incurred by the Township of Buchanan 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, exceedance, or noncompliance.
B. 
All costs to the Township of Buchanan of monitoring, surveillance, and enforcement in connection with investigating, verifying, and prosecuting any discharge, violation, exceedance, or noncompliance.
C. 
The full amount of any fines, assessments, penalties, and claims, including natural resource damages, levied against the Township of Buchanan, or any Township of Buchanan 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, exceedance, or noncompliance.
D. 
The full value of any Township of Buchanan staff time (including any required overtime), consultant and engineering fees, and actual attorney fees and defense costs (including the Township of Buchanan's legal counsel and any special legal counsel), associated with responding to, investigating, verifying, and prosecuting any discharge, violation, exceedance, or noncompliance, or otherwise enforcing the requirements of this chapter.
A. 
Costs incurred by the Township of Buchanan pursuant to §§ 228-15, 228-16, 228-17 and 228-19A shall constitute a lien on the premises, which shall be enforceable in accordance with Act No. 94 of the Public Acts of 1933, 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 annually to the Township of Buchanan Treasurer, who shall enter the lien on the next tax roll against the 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 Township of Buchanan shall have all remedies authorized by Act No. 94 of the Public Acts of 1933, MCLA § 141.101, as amended, and by other applicable laws.
B. 
The failure by any person to pay any amounts required to be reimbursed to the Township of Buchanan 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 person 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 person 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 person for the costs to the Township of Buchanan in taking such steps.
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 violator of the proposed termination of its access. It shall be unlawful for any person to reinstate access of the stormwater drainage system to a premises terminated pursuant to this section without the prior written approval of the Authorized Enforcement Agency.
Any person to whom any provision of this chapter has been applied may appeal, in writing, to the Township of Buchanan 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 Township of Buchanan shall consider the appeal and make a decision whereby it affirms, rejects, or modifies the action being appealed. In considering any such appeal, the Township of Buchanan 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 Township of Buchanan 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 person appealing; provided, however, that unnecessary hardship shall not include the need for a property owner to incur additional reasonable expenses in order to comply with the 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.
With the approval of the Township of Buchanan, the Authorized Enforcement Agency 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 Authorized Enforcement Agency may also seek collection of fines, penalties and any other amounts due to the Township of Buchanan that a person has not paid.
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 Township of Buchanan, 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.