[Added 4-30-2024 by Ord. No. 112]
The purpose of this article is to provide for the health, safety, and general welfare of the citizens of the Township through the regulation of non-stormwater 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. 
To regulate the contribution of pollutants to the municipal storm sewer system by stormwater discharges by any user.
B. 
To prohibit illicit connections and discharges to the municipal storm sewer system.
C. 
To establish legal authority to carry out all inspection, surveillance and monitoring procedures necessary to ensure compliance with this article.
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:
CLEAN WATER ACT
Means the federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), and any subsequent amendments thereto.
CONSTRUCTION ACTIVITY
Means 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.
COUNTY
Means the County of Oakland.
HAZARDOUS MATERIALS
Means 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.
ILLEGAL DISCHARGE
Means any direct or indirect non-stormwater discharge to the storm drain system, except as exempted in § 364-33 of this article.
ILLICIT CONNECTIONS
Mean either of the following:
A. 
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 non-stormwater 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
B. 
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.
INDUSTRIAL ACTIVITY
Means activities subject to NPDES industrial permits as defined in 40 CFR, 122.26(b)(14).
MS4
Means a municipal separate storm sewer system.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORMWATER DISCHARGE PERMIT
Means a permit issued by United States Environmental Protection Agency (EPA), or by the State of Michigan under authority delegated pursuant to 33 USC § 1342(b) and codified in the Michigan Natural Resources and Environmental Protection Act Protection at MCL 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.
NON-STORMWATER DISCHARGE
Means any discharge to the storm drain system that is not composed entirely of stormwater.
PERSON
Means 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.
POLLUTANT
Means 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.
PREMISES
Means any building, lot, parcel of land, or portion of land whether improved or unimproved, including adjacent sidewalks and parking strips.
STORM SEWER SYSTEM or STORM DRAINAGE SYSTEM
Means 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.
STORMWATER
Means any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation and resulting from such precipitation.
STORMWATER POLLUTION PREVENTION PLAN
Means 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.
WASTEWATER
Means any water or other liquid, other than uncontaminated stormwater, discharged from a facility.
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.
The standards set forth herein and promulgated pursuant to this article are minimum standards; therefore, this article does not intend or imply that compliance by any person will ensure that there will be no contamination, pollution, nor unauthorized discharge of pollutants.
A. 
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) 
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) 
Discharges specified in writing by the Township as being necessary to protect public health and safety.
(3) 
Dye testing, when there has been verbal notification to the Township and state department of environmental quality procedures have been followed.
(4) 
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) 
The following discharges or flows if they are identified as not being a significant contributor to violations of water quality standards:
(a) 
Water line flushing and discharges from potable water sources;
(b) 
Landscape irrigation runoff, lawn watering runoff, and irrigation waters;
(c) 
Diverted stream flows and flows from riparian habitats and wetlands;
(d) 
Rising groundwaters and springs;
(e) 
Uncontaminated pumped groundwater, except for groundwater cleanups specifically authorized by NPDES permits;
(f) 
Foundation drains, water from crawl space pumps, footing drains and basement sump pumps;
(g) 
Air conditioning condensation;
(h) 
Waters from noncommercial car washing;
(i) 
Street wash water;
(j) 
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. 
Prohibition of illicit connections.
(1) 
The construction, use, maintenance, or continued existence of illicit connections to the storm drain system is prohibited.
(2) 
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) 
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.
C. 
Prohibition of direct dumping or disposal of materials into the MS4.
(1) 
The direct dumping of materials or discharges into the MS4 is prohibited except for those illicit discharges identified as not being a significant contributor to violations of water quality standards.
The Township's Code Enforcement Officer or their designee, or other authorized enforcement agency, shall be permitted to enter upon all properties for the purposes of inspection, observation, measurement, sampling and testing of suspected non-stormwater discharges in accordance with the provisions of this article. Refusal of reasonable access to Township's Code Enforcement Officer and/or their designee, and/or representatives of the authorized enforcement agency to any part of the premises is a violation of this article.
A. 
Suspension due to illicit discharges in emergency situations. The Code Enforcement Officer or other authorized enforcement agency may seek immediate injunctive relief to 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 this state. 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 this state, or to minimize danger to persons.
B. 
Suspension due to the detection of illicit discharge. Any person discharging to the storm sewer system in violation of this article may have their storm sewer system access terminated by order of the District Court, or other court of competent jurisdiction, if such termination would abate or reduce an illicit discharge. The Code Enforcement Officer will notify a violator of the proposed termination of its storm sewer system access. The violator may petition the Township engineer for reconsideration and hearing.
Any person subject to an industrial or construction activity NPDES storm water 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 Township engineer prior to the allowing of discharges to the MS4.
The Township has the right to require non-residential dischargers to install monitoring equipment as necessary, in accordance with a court order, if a non-stormwater discharge is suspected. 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.
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 storm water, the storm drain system, or water of the U.S. 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 non-hazardous 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 Township Manager 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. 
Notice of violation. Whenever the Township determines that a person has violated a prohibition or failed to meet a requirement of this article, the Township may issue a notice of violation to the responsible person and the owner of the property where the violation is occurring and requiring compliance within a period set forth within the notice. Such notice may require without limitation:
(1) 
The performance of monitoring, analyses, and reporting;
(2) 
The elimination of illicit connections or discharges;
(3) 
That violating discharges, practices, or operations shall cease and desist;
(4) 
The abatement or remediation of storm water pollution or contamination of hazards and the restoration of any affected property;
(5) 
Payment of a fine to cover administrative and remediation costs; and
(6) 
The implementation of source control or treatment BMPs.
B. 
Abatement of a violation. If abatement of a violation and/or restoration of affected property is required, the notice shall set forth a deadline within which such remediation or restoration must be completed. Said notice shall advise that, should the violator fail to remediate or restore within the established deadline, the Township may issue a municipal civil infraction citation and may seek an order of the District Court, or file a civil suit with a court of competent jurisdiction requiring the restoration to be completed within an established deadline and authorizing the Township or its designee to complete the work at the violator's expense.
C. 
Penalties. Violations of this article shall be a municipal civil infraction as set forth within Chapter 52 of this Code.
In the event the violator fails to correct the violation as required, and the Township undertakes the corrective action in accordance with an order of the District Court, or other court of competent jurisdiction, 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 court order may provide that if the amount due is not paid within a timely manner, the charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment. Unpaid assessments may be placed on the Township's delinquent tax roll and may be collected as unpaid taxes.
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, including, but not limited to circuit court actions in law or equity.