A. 
Any person violating any provision of this chapter shall be responsible for a municipal civil infraction and subject to a fine of not less than $100 nor more than $2,500 for a first offense, and not less than $500 nor more than $5,000 for a subsequent offense, plus costs, damages, expenses, and other sanctions as authorized under Chapter 87 of the Revised Judicature Act of 1961[1] and other applicable laws, including, without limitation, equitable relief; provided, however, that the violation stated in § 388-32B shall be a misdemeanor. Each day such violation occurs or continues shall be deemed a separate offense and shall make the violator liable for the imposition of a fine for each day. The rights and remedies provided for in this section are cumulative and in addition to any other remedies provided by law. An admission or determination of responsibility shall not exempt the offender from compliance with the requirements of this chapter.
(1) 
For purposes of this section, "subsequent offense" means a violation of the provisions of this chapter committed by the same person within 12 months of a previous violation of the same provision of this chapter for which said person admitted responsibility or was adjudicated to be responsible.
(2) 
The Township Supervisor and the Township Zoning Administrator are each authorized to issue municipal civil infraction citations to any person alleged to be violating any provision of this chapter.
[1]
Editor's Note: See MCL 600.8701 et seq.
B. 
Any person who neglects or fails to comply with a stop-work order issued under § 388-33 shall, upon conviction, be guilty of a misdemeanor, punishable by a fine of not more than $500 or imprisonment in the county jail for not more than 93 days, or both such fine and imprisonment, and such person shall also pay such costs as may be imposed in the discretion of the court.
C. 
Any person who aids or abets a person in a violation of this chapter shall be subject to the sanctions provided in this section.
A. 
Suspension due to illicit discharges in emergency situations. The Township may, without prior notice, suspend discharge access to stormwater runoff facilities, or any part thereof, 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 stormwater runoff facilities, or any part thereof, or to a water body. If the violator fails to comply with a suspension order issued in an emergency, the Township may take all measures as necessary to prevent or minimize damage to stormwater runoff facilities, or any part thereof, or a water body, or to minimize or prevent other adverse effects.
B. 
Suspension due to the detection of illicit discharge. The Township may terminate discharge access to persons discharging to stormwater runoff facilities or water bodies in violation of this chapter, if such termination would abate or reduce an illicit discharge. The Township shall notify a violator of the proposed termination of its access to the stormwater runoff facility or water body. The violator may petition the Township for a reconsideration and hearing.
C. 
Stop-work order. If there is work in progress that causes or constitutes in whole or in part, a violation of any provision of this chapter, the Township may issue a stop-work order so as to prevent further or continuing violations or adverse effects. All persons to whom the stop-work order is directed, or who are involved in any way with the work or matter described in the stop-work order shall fully and promptly comply therewith. The Township may also undertake, or cause to be undertaken, any necessary or advisable protective measures so as to prevent violations of this chapter or to avoid or reduce the effects of noncompliance herewith. The cost of any such protective measures shall be the responsibility of the owner of the property upon which the work is being done and the responsibility of any person carrying out or participating in the work, and such cost shall be a lien upon the property.
In addition to any other remedies, should any owner fail to comply with the provisions of this chapter, the Township may, after the giving of reasonable notice and opportunity for compliance, have the necessary work done, and the owner shall be obligated to promptly reimburse the Township for all costs of such work.
When emergency measures are necessary to moderate a nuisance, to protect public safety, health and welfare, and/or to prevent loss of life, injury or damage to property, the Township 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 for all of such costs.
A discharger shall be liable for all costs incurred by the Township as the result of causing a discharge that produces a deposit or obstruction, or causes damage to, or impairs a storm drain, or violates any of the provisions of this chapter. Costs include, but are not limited to, those penalties levied by the EPA or MDEQ for violation of an NPDES permit, attorney fees, and other costs and expenses.
Costs incurred by the Township and the Drain Commissioner pursuant to §§ 388-33, 388-34, 388-35 and 388-36 shall be 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.[1] Any such charges which are delinquent for six months or more may be certified annually to the Township Treasurer who shall enter the lien on the next tax roll against the premises and 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 or the Drain Commissioner shall have all remedies authorized by Act No. 94 of the Public Acts of 1933, as amended.
[1]
Editor's Note: See MCL 141.101 et seq.
Any person as to whom any provision of this chapter has been applied may appeal in writing, not later than 30 days after the action or decision being appealed from, to the Township Board the action or decision whereby any such provision was so applied. Such appeal shall identify the matter being appealed, and the basis for the appeal. The Township Board 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 Board may consider the recommendations of the Township Engineer and the comments of other persons having knowledge of the matter. In considering any such appeal, the Township Board 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:
A. 
The application of the ordinance provisions being appealed will present or cause practical difficulties for a development or development site; provided, however, that practical difficulties shall not include the need for the developer to incur additional reasonable expenses in order to comply with the ordinance; and
B. 
The granting of the relief requested will not substantially prevent the goals and purposes sought to be accomplished by this chapter, nor result in less effective management of stormwater runoff.