[HISTORY: Adopted by the Village Council of the Village of
New Haven as indicated in article histories. Amendments noted where
applicable.]
[Adopted 1-9-2018 by Ord.
No. 349]
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
The Village Engineer and his/her authorized representatives,
which shall specifically include all inspectors and code enforcement,
and any other individual designated by the President of the Village
of New Haven to enforce this article. Where applicable the terms may
also mean the Director of the Michigan Department of Environmental
Quality or his/her designated official, and/or the United States EPA
Administrator or his/her designated official.
Schedules of activities, prohibitions of practices, general
good housekeeping practices, pollution prevention and educational
practices, maintenance procedures, and other management practices
to prevent or reduce the discharge of pollutants directly or indirectly
to stormwater, receiving waters, or stormwater conveyance systems.
BMPs also include treatment practices, operating procedures, and practices
to control site runoff, spillage or leaks, sludge or water disposal,
or drainage from raw materials storage.
The federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.), and any subsequent amendments thereto.
Activities subject to NPDES construction permits. These include
construction projects resulting in land disturbance of five acres
or more requiring an issued permit and small construction activities
impacting one to five acres of land deemed to operate under a national
permit. Such activities include but are not limited to clearing and
grubbing, grading, excavating, and demolition.
Macomb County.
Any material, including any substance, waste, or combination
thereof, which because of its quantity, concentration, or physical,
chemical, or infectious characteristics may cause, or significantly
contribute to, a substantial present or potential hazard to human
health, safety, property, or the environment when improperly treated,
stored, transported, disposed of, or otherwise managed.
Any direct or indirect nonstormwater discharge to the storm
drain system, except as exempted in this article.
Either of the following:
Any drain or conveyance, whether on the surface or subsurface,
which allows an illegal discharge to enter the storm drain system
including but not limited to any conveyances which allow any nonstormwater
discharge including sewage, process wastewater, and wash water to
enter the storm drain system and any connections to the storm drain
system from indoor drains and sinks, regardless of whether said drain
or connection had been previously allowed, permitted, or approved
by an authorized enforcement agency; or
Any drain or conveyance connected from a commercial or industrial
land use to the storm drain system which has not been documented in
plans, maps, or equivalent records and approved by an authorized enforcement
agency.
Activities subject to NPDES industrial permits as defined
in 40 CFR 122.26(b)(14).
A municipal separate storm sewer system.
A permit issued by United States Environmental Protection
Agency (EPA) or by the State of Michigan under authority delegated
pursuant to 33 U.S.C. § 1342(b) and codified in the Michigan
Natural Resources and Environmental Protection Act at MCLA § 324.101
et seq., that authorizes the discharge of pollutants to waters of
the United States or State of Michigan, whether the permit is applicable
on an individual, group, or general area-wide basis.
Any discharge to the storm drain system that is not composed
entirely of stormwater.
Any individual, association, organization, partnership, firm,
corporation or other entity recognized by law and acting as either
the owner or as the owner's agent.
Anything which causes or contributes to pollution. 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; floatables; pesticides, herbicides,
and fertilizers; hazardous substances and wastes; sewage, fecal coliform
and pathogens; dissolved and particulate metals; animal wastes; wastes
and residues that result from constructing a building or structure;
and noxious or offensive matter of any kind.
Any building, lot, parcel of land, or portion of land whether
improved or unimproved including adjacent sidewalks and parking strips.
A publicly owned facility by which stormwater is collected
and/or conveyed, including but not limited to any roads with drainage
systems, municipal streets, gutters, curbs, inlets, piped storm drains,
pumping facilities, retention and detention basins, natural and human-made
or altered drainage channels, reservoirs, and other drainage structures.
Any surface flow, runoff, and drainage consisting entirely
of water from any form of natural precipitation, and resulting from
such precipitation.
A document which describes the best management practices
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, stormwater
conveyance systems, and/or receiving waters to the maximum extent
practicable.
The Village of New Haven.
Any water or other liquid, other than uncontaminated stormwater,
discharged from a facility.
The purpose of this article is to provide for the health, safety,
and general welfare of the citizens of the Village through the regulation
of nonstormwater discharges to the storm drainage system to the maximum
extent practicable as required by federal and state law. This article
establishes methods for controlling the introduction of pollutants
into the municipal storm sewer system in order to comply with requirements
of the National Pollutant Discharge Elimination System (NPDES) permit
process. The objectives of this article are:
A.Â
To regulate the contribution of pollutants to the municipal storm
sewer system by stormwater discharges by any user.
B.Â
To prohibit illicit connections and discharges to the municipal storm
sewer system.
C.Â
To establish legal authority to carry out all inspection, surveillance
and monitoring procedures necessary to ensure compliance with this
article.
This article shall apply to all water entering the storm drain
system generated on any developed or undeveloped lands unless expressly
exempted by an authorized enforcement agency.
This article shall be enforceable by the Village Engineer or
other authorized enforcement agency.
The standards set forth herein and promulgated pursuant to this
article are minimum standards; therefore this article does not intend
nor imply that compliance by any person will ensure that there will
be no contamination, pollution, nor unauthorized discharge of pollutants.
A.Â
Prohibition of illegal discharges. No person shall discharge or cause
to be discharged into the storm drain system or watercourses any materials,
including, but not limited to, pollutants or waters containing any
pollutants that cause or contribute to a violation of applicable water
quality standards, other than stormwater. The commencement, conduct
or continuance of any illegal discharge to the storm drain system
is prohibited; however, the following discharges are exempt from prohibition
as described:
(1)Â
The discharges and flows from firefighting activities if they are
identified as not being a significant source of pollutants to the
waters of the state.
(2)Â
Discharges specified in writing by the Village Engineer as being
necessary to protect public health and safety.
(3)Â
Dye testing, when there has been verbal notification to the Village
Engineer, and Michigan Department of Environmental Quality (MDEQ)
procedures have been followed.
(4)Â
Discharges 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, provided that the
discharger is in full compliance with all requirements of the permit,
waiver, or order and other applicable laws and regulations, and provided
that written approval has been granted for any discharge to the storm
drain system.
(5)Â
The following discharges or flows if they are identified as not being
a significant contributor to violations of water quality standards:
waterline flushing and discharges from potable water sources; landscape
irrigation runoff, lawn watering runoff, and irrigation waters; diverted
stream flows and flows from riparian habitats and wetlands; rising
groundwaters and springs; uncontaminated pumped groundwater, except
for groundwater cleanups specifically authorized by NPDES permits;
foundation drains, water from crawl space pumps, footing drains and
basement sump pumps; air-conditioning condensation; waters from noncommercial
car washing; street wash water; dechlorinated swimming pool water
from single-, two- or three-family residences. Other swimming pools
shall not be discharged to stormwater or to surface waters of the
state without NPDES permit authorization from the MDEQ.
B.Â
Prohibition of illicit connections.
(1)Â
The construction, use, maintenance or continued existence of illicit
connections to the storm drain system is prohibited.
(2)Â
This prohibition expressly includes, without limitation, illicit
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)Â
A person is considered to be in violation of this article if the
person connects a line conveying sewage to a storm drain system or
MS4, or allows such a connection to continue.
A.Â
Suspension due to illicit discharges in emergency situations. The
Village or other authorized enforcement agency may, without prior
notice, suspend storm sewer system discharge access to a person when
such suspension is necessary to stop an actual or threatened discharge
which presents or may present imminent and substantial danger to the
environment, or to the health or welfare of persons, or to the storm
sewer system or the waters of the United States or State of Michigan.
If the violator 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 storm sewer
system or waters of the United States or State of Michigan, or to
minimize danger to persons.
B.Â
Suspension due to the detection of illicit discharge. Any person
discharging to the storm sewer system in violation of this article
may have its storm sewer system access terminated if such termination
would abate or reduce an illicit discharge. The Village will notify
a violator of the proposed termination of its storm sewer system access.
The violator may petition the Village for reconsideration and hearing.
C.Â
Violation. A person violates this article if the person reinstates
storm sewer system access to premises terminated pursuant to this
section, without the prior approval of the Village or other authorized
enforcement agency.
Any person subject to an industrial or construction activity
NPDES stormwater discharge permit shall comply with all provisions
of such permit. Proof of compliance with said permit may be required
in a form acceptable to the Village or other authorized enforcement
agency prior to the allowing of discharges to the storm sewer system.
A.Â
Applicability. This article applies to all facilities that have stormwater
discharges associated with industrial activity, including construction
activity.
B.Â
Access to facilities.
(1)Â
The Village Engineer and/or representatives of the authorized enforcement
agency shall be permitted to enter and inspect facilities subject
to regulation under this article as often as may be necessary to determine
compliance with this article. If a discharger has security measures
in force which require proper identification and clearance before
entry into its premises, the discharger shall make the necessary arrangements
to allow access to the Village Engineer or representatives of the
authorized enforcement agency.
(2)Â
Facility operators shall allow the Village Engineer and/or representatives
of the authorized enforcement agency ready access to all parts of
the premises for the purposes of inspection, sampling, examination
and copying of records that must be kept under the conditions of an
NPDES permit to discharge stormwater, and the performance of any additional
duties as defined by state and federal law.
(3)Â
The Village Engineer and/or representatives of the authorized enforcement
agency shall have the right to set up on any permitted facility such
devices as are necessary in the opinion of the Village Engineer or
authorized enforcement agency to conduct monitoring and/or sampling
of the facility's stormwater discharge.
(4)Â
The Village Engineer has the right to require the discharger to install
monitoring equipment as necessary. The facility's sampling and
monitoring equipment shall be maintained at all times in a safe and
proper operating condition by the discharger at its own expense. All
devices used to measure stormwater flow and quality shall be calibrated
to ensure their accuracy.
(5)Â
Any temporary or permanent obstruction to safe and easy access to
the facility to be inspected and/or sampled shall be promptly removed
by the operator at the written or oral request of the Village Engineer
and/or designee and shall not be replaced. The costs of clearing such
access shall be borne by the person operating the facility.
(6)Â
Unreasonable delays in allowing the Village Engineer and/or representatives
of the authorized enforcement agency access to a permitted facility
is a violation of a stormwater discharge permit and of this article.
A person who is the operator of a facility with an NPDES permit to
discharge stormwater associated with industrial activity violated
this article if the person denies the Village Engineer or authorized
enforcement agency reasonable access to the permitted facility for
the purpose of conducting any activity authorized or required by this
article.
(7)Â
If the Village Engineer and/or representatives of the authorized
enforcement agency has been refused access to any part of the premises
from which stormwater is discharged, and he/she is able to demonstrate
probable cause to believe that there may be a violation of this article,
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 article or any order issued hereunder, or to protect the overall
public health, safety, and welfare of the community, then the Village
and/or authorized enforcement agency may seek issuance of a search
warrant from any court of competent jurisdiction.
The Village shall adopt requirements identifying best management
practices for any activity, operation, or facility which may cause
or contribute to pollution or contamination of stormwater, the storm
drain system, or waters of the United States or State of Michigan.
The owner or operator of a commercial or industrial establishment
shall provide, at its own expense, reasonable protection from accidental
discharge of prohibited materials or other wastes into the municipal
storm drain system or watercourses through the use of these structural
and nonstructural BMPs. Further, any person responsible for a property
or premises, which is, or may be, the source of an illicit discharge,
may be required to implement, at said person's expense, additional
structural and nonstructural BMPs to prevent the further discharge
of pollutants to the storm sewer system. Compliance with all terms
and conditions of a valid NPDES permit authorizing the discharge of
stormwater associated with industrial activity, to the extent practicable,
shall be deemed compliance with the provisions of this section. These
BMPs shall be part of a stormwater pollution prevention plan (SWPPP)
as necessary for compliance with requirements of the NPDES permit.
Every person owning property through which a watercourse passes,
or such person's lessee(s), shall keep and maintain that part
of the watercourse within the property free of trash, debris, excessive
vegetation, and other obstacles that would pollute, contaminate, or
significantly retard the flow of water through the watercourse. This
responsibility does not apply to publicly or privately owned drains
that are not owned by the property owner and are otherwise the responsibility
of the drain owner. In addition, the owner or lessee shall maintain
existing privately owned structures within or adjacent to a watercourse,
so that such structures will not become a hazard to the use, function,
or physical integrity of the watercourse.
Notwithstanding other requirements of law, as soon as any person
responsible for a facility or operation, or responsible for emergency
response for a facility or operation, has information of any known
or suspected release of materials which are resulting or may result
in illegal discharges or pollutants discharging into stormwater, the
storm drain system, or water of the United States or State of Michigan,
said person shall take all necessary steps to ensure the discovery,
containment, and cleanup of such release. In the event of such a release
of hazardous materials, said person shall immediately notify emergency
response agencies of the occurrence via emergency dispatch services.
In the event of a release of nonhazardous materials, said person shall
notify the authorized enforcement agency in person or by phone or
facsimile no later than the next business day. Notifications in person
or by phone shall be confirmed by written notice addressed and mailed
to the Village within three business days of the phone notice. If
the discharge of prohibited materials emanates from a commercial or
industrial establishment, the owner or operator of such establishment
shall also retain an on-site written record of the discharge and the
actions taken to prevent its recurrence. Such records shall be retained
for at least three years.
A.Â
Whenever the Village or authorized enforcement agency finds that
a person has violated a prohibition or failed to meet a requirement
of this article, the Village or its designee or other authorized enforcement
agency may order compliance by written notice of violation to the
responsible person. Such notice may require without limitation:
(1)Â
The performance of monitoring, analyses, and reporting;
(2)Â
The elimination of illicit connections or discharges;
(3)Â
That violating discharges, practices, or operations shall cease and
desist;
(4)Â
The abatement or remediation of stormwater pollution or contamination
hazards and the restoration of any affected property;
(5)Â
Payment of a fine to cover administrative and remediation costs;
and
(6)Â
The implementation of source control or treatment BMPs.
B.Â
If abatement of a violation and/or restoration of affected property
are 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 will be done by the Village or
the authorized enforcement agency or a contractor and the expense
thereof shall be charged to the violator.
Any person receiving a notice of violation may appeal the determination
of the Village Engineer to the Village Council. The notice of appeal
must be received by the Village within seven days from the date of
the notice of violation. A hearing on the appeal before the Village
Council shall take place within 15 days from the date of receipt of
the notice of appeal. The decision of the Village Council shall be
final.
If the violation has not been corrected pursuant to the requirements
set forth in the notice of violation, or, in the event of an appeal,
within 15 days of the denial of an appeal, then representatives of
the Village or authorized enforcement agency shall enter upon the
subject private property and are authorized to take any and all measures
necessary to abate the violation and/or restore the property. It shall
be unlawful for any person, owner, agent or person in possession of
any premises to refuse to allow the government agency or designated
contractor to enter upon the premises for the purposes set forth above.
A.Â
Within 30 days after abatement of the violation, the owner of the
property will be notified of the cost of abatement, including administrative
costs. The property owner may file a written protest objecting to
the amount of the assessment within 15 days. If the amount due is
not paid within 60 days or by the expiration of the time in which
to file an appeal, the charges shall become a special assessment against
the property and shall constitute a lien on the property for the amount
of the assessment.
B.Â
Any person violating any of the provisions of this article shall
become liable to the Village for the cost of the abatement by reason
of such violation. The liability shall be paid in not more than 12
equal payments. Interest at the legal rate then applicable shall be
assessed on a per annum basis on the balance beginning on the first
day following discovery of the violation.
It shall be unlawful for any person to violate any provision
or fail to comply with any of the requirements of this article. If
a person has violated or continues to violate the provisions of this
article, the Village or authorized enforcement agency may petition
for a preliminary or permanent injunction restraining the person from
activities which would create further violations or compelling the
person to perform abatement or remediation of the violation.
In lieu of bringing enforcement proceedings to seek the penalties
and remedies authorized by this article, the Village or authorized
enforcement agency may impose alternative compensatory actions upon
a violator, such as storm drain stenciling, attendance at compliance
workshops, creek cleanup, etc. The decision to seek alternative compensatory
actions does not waive the Village or authorized enforcement agency's
right to seek legal enforcement from a court of law.
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 article is a threat to public health, safety,
and welfare, and is declared and deemed a public 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.
A.Â
All violations of this article shall be misdemeanor and upon a plea
or finding of guilt therefor shall be punishable by up to 90 days
in jail and/or a fine of not more than $500.
B.Â
The authorized enforcement agency may recover all attorney fees,
court costs and other expenses associated with enforcement of this
article, including sampling and monitoring expenses.
The remedies listed in this article are not exclusive of any
other remedies available under any applicable federal, state or local
law and it is within the discretion of the authorized enforcement
agency to seek cumulative remedies.
