A.
The purpose of this chapter is to protect the public health, safety
and welfare of Village residents and to protect property values, quality
of life, and natural systems relating to stormwater runoff control
and management. The Village finds it is a matter of public concern
and benefit to protect water bodies and properties within the Village
and to reduce the future need for public expenditures relating to
flooding, water quality, and stormwater system maintenance. Both the
quality and quantity of stormwater runoff are a matter of public concern.
B.
It is also the purpose of this chapter to establish minimum stormwater
management requirements and controls to accomplish, among others,
the following objectives:
(1)
To provide environmental protection to the waters of the state consistent
with the State and Federal Clean Water Acts;
(2)
To regulate the contribution of pollutants to the stormwater drainage
system and natural water bodies by stormwater discharges by any user;
(3)
To prohibit illicit discharges and connections to the stormwater
drainage system and natural water bodies;
(4)
To remove existing pollutants into stormwater and the degradation
that said constituents may cause to the environment;
(5)
To require permits for connections to the municipal separate storm
sewer system (MS4);
(6)
To establish legal authority to carry out all inspection, surveillance
and monitoring procedures necessary to ensure compliance with this
chapter; and
(7)
To provide appropriate remedies for failure to comply with this chapter.
C.
In addition to the requirements herein, a developer shall comply
with the Village of Vicksburg construction requirements pertaining
to stormwater sewer construction and stormwater drainage regulations.
A.
This chapter is adopted in accordance with the General Law Village
Act, being MCLA § 61.12 et seq.; the Drain Code of 1956,
as amended, being MCLA § 280.1 et seq.; the Land Division
Act, as amended, being MCLA § 560.101 et seq.; the Revenue
Bond Act, as amended, being MCLA § 141.101 et seq.; the
Natural Resources and Environmental Protection Act, as amended, being
MCLA § 324.101 et seq.; Section 401(p) of the Federal Water
Pollution Control Act (also known as the Clean Water Act), as amended,
being 33 U.S.C. § 1342(p) and 40 CFR Parts 9, 122, 123 and
124; and other applicable state and federal laws.
B.
The Village shall administer, implement and enforce the provisions
of this chapter. Any powers granted or duties imposed upon the Village
may be delegated in writing by the Village Council of the Village
of Vicksburg to persons or entities acting in the beneficial interest
of or in the employ of the Village. That person shall be known as
the Stormwater Protection Administrator.
The Village finds that stormwater regulation and management
is a matter of public health, safety and welfare because:
A.
Water bodies, roadways, structures, and other property within and
downstream of the Village are at times subjected to flooding.
B.
Flooding is a danger to the lives and property of the public and
is also a danger to the natural resources of the Village and the region.
C.
Changes in land use alter the hydrologic response of watersheds,
resulting in increased stormwater runoff rates and volumes, which
further result in increased flooding, increased stream channel erosion,
and increased sediment transport and deposition.
D.
Stormwater runoff produced by changes in land use contributes to
increased quantities of water-borne pollutants.
E.
Illicit discharges contain pollutants that will significantly degrade
the stream and Lake Michigan and water resources of the Village, thus
threatening the health, safety and welfare of the citizenry.
F.
Illicit discharges enter the stormwater drainage system through either
direct connections (e.g., wastewater piping either mistakenly or deliberately
connected to the storm drains) or indirect connections (e.g., infiltration
into the storm drain system or spills connected by drain inlets).
G.
Establishing the measures for controlling illicit discharges and
connections contained in this chapter and implementing the same will
address many of the deleterious effects of illicit discharges.
H.
Any condition caused or permitted to exist in violation of any of
the provisions of this chapter is a threat to public health, safety
and welfare and is declared and deemed a nuisance.
This chapter shall apply to all discharges entering the stormwater
drainage system and natural water bodies generated on any developed
and undeveloped lands within the Village.
For the purpose of this chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this section,
unless the context in which they are used specifically indicates otherwise:
That water occupation adjacent to a body of water which results
from a storm event having a 1% probability of occurrence in any given
year. Thus, a fifty-year storm has a 2% probability, a ten-year storm
a 10% probability, etc.
The Village of Vicksburg and/or any persons or agencies designated
to act as the authorized enforcement agency by the Village Council
of the Village of Vicksburg.
Structural devices or nonstructural practices that are designed
to prevent pollutants from entering stormwater flows, to direct the
flow of stormwater, or to treat polluted stormwater flows. BMPs may
include, but shall not be limited to, those described in the Michigan
Department of Environmental Quality "Guidebook of BMPs for Michigan
Watersheds." Equivalent practices and design criteria that accomplish
the purposes of this chapter (including, but not limited to, minimizing
stormwater runoff and preventing the discharge of pollutants into
stormwater) shall be as determined by the Village Engineer and, when
applicable, the standards of the Kalamazoo County Drain Commissioner.
The Federal Water Pollution Control Act, 33 U.S.C. § 1251
et seq., as amended, and the applicable regulations promulgated thereunder.
A structure or facility, natural or artificial, which stores
stormwater on a temporary basis and releases it at a predetermined
rate. A detention basin may drain completely after a storm event,
or it may be a pond with a fixed minimum water elevation between runoff
events.
The introduction (intentionally or unintentionally, directly
or indirectly) of any liquid, substance, pollutant or other material
into a stormwater drainage system or natural water body.
The rate of flow or volume of water passing a given point;
expressed as cubic feet per second.
A permit issued by the owner of the municipal separate storm
sewer system (MS4) to a user for a discharge into the MS4.
Any person or entity who directly or indirectly discharges
stormwater from any premises or property. "Discharger" also includes
any employee, officer, director, partner, contractor or other person
who participates in, or is legally or factually responsible for, any
act or omission that is, or results in, a violation of this chapter.
An area of land subject to the removal of vegetative cover
and/or earthmoving activities.
Any and all conduits, facilities, measures, areas and structures
that serve to convey, catch, hold, filter, store and/or receive stormwater
or groundwater, either on a temporary or permanent basis.
The collection, conveyance or discharge of groundwater and/or
surface water.
All facilities, areas, and structures which serve to convey,
store, or receive stormwater, either on a temporary or permanent basis.
A natural or artificial facility, area, or structure which
conveys or transports stormwater runoff from one location to a different
location. This may include a drain, water body or floodplain.
Any human activity which removes ground cover, changes the
slope or contours of the land, or exposes the soil surface to the
actions of wind and rain. Earth change includes, but is not limited
to, any excavating, surface grading, filling, landscaping, or removal
of vegetative roots.
The U.S. Environmental Protection Agency.
The removal of soil particles from the land by the action
of water, wind, ice, or other geological agents.
The area, usually low lands, adjoining the channel of a river,
stream or watercourse or lake or other body of standing water, that
has been or may be covered by floodwater.
Any stripping, excavating, filling, and stockpiling of soil,
or any combination thereof, and the land in its excavated or filled
condition.
Any solid, liquid, semisolid or gaseous substance or material
that because of its quantity, quality, concentration or physical,
chemical or infectious characteristics may cause or significantly
contribute to an increase in mortality or an increase in serious irreversible
illness or serious incapacitating but reversible illness, or may pose
a substantial present or potential hazard to human health or the environment
if improperly treated, stored, transported, disposed of, or otherwise
managed.
Any method or means or conduit for conveying an illicit discharge
into a natural water body or a stormwater drainage system.
Any discharge to a water body or a stormwater drainage system
that does not consist entirely of stormwater, that is not allowed
by the terms of an NPDES permit, or that is not an allowable discharge,
as defined by this chapter.
The percolation and movement of water downward into and through
the soil column. The rate of this movement is expressed in inches
per hour.
Michigan Department of Environmental Quality.
Municipal separate storm sewer system, as defined by federal
and state laws.
A permit issued by the EPA or a state under authority delegated
pursuant to the Clean Water Act that allows the discharge of pollutants
to waters of the United States.
Any discharge to the stormwater drainage system or a water
body that is not composed entirely of stormwater.
Any portion of a stormwater management system which is located
off the development site which it serves.
The technical standard or set of standards to be met. Performance
standards may be periodically revised by the Village Council in response
to state and federal regulatory requirements, changed scientific knowledge,
or similar changed conditions and/or enhanced knowledge.
An individual, firm, partnership, association, public or
private corporation, public agency, instrumentality or any other legal
entity.
Includes, but is not limited to, the following: any dredged
spoil, solid waste, vehicle fluids, yard wastes, animal wastes, agricultural
waste products, sediment, incinerator residue, sewage, garbage, sewage
sludge, munitions, chemical wastes, biological wastes, radioactive
materials, hazardous materials, wrecked or discharged equipment, rock,
sand, cellar dirt and industrial, municipal, commercial and agricultural
waste, or any other contaminant or other substance defined as a pollutant
under the Clean Water Act. "Pollutant" also includes properties or
characteristics of water, including, but not limited to, pH, heat,
TSS, turbidity, color, BOD, COD, toxicity and odor.
Any building, structure, lot, parcel of land or portion of
land, or property, whether improved or unimproved, including adjacent
sidewalks and parking strips.
Facilities, structures, and areas which convey, store, or
receive runoff from storms up to a ten-year frequency.
Any person having legal or equitable title to property or
premises or any person having or exercising care, custody or control
over any property or premises.
Any watercourse or wetland into which surface waters are
directed, either naturally or artificially.
A holding area for stormwater, either natural or constructed,
which does not have a positive outlet. Water is removed from retention
basins through infiltration and/or evaporation processes, and may
or may not have a permanent pool of water.
The portion of precipitation which does not infiltrate or
percolate into the ground, but rather moves over the land, eventually
reaching a body of water, wetland, or low area.
Facilities, structures, and areas which convey, store or
receive runoff from storms up to a one-hundred-year frequency without
causing serious damage to adjacent properties.
Any solid particulate matter, both mineral and organic, which
has been moved from the site of origin by erosion, is being transported
by water, is in suspension in water, or has been deposited in a body
of water, wetland or floodplain.
Any tract, lot, or parcel of land or combination of tracts,
lots, or parcels, which compose an area proposed for development and/or
earth change.
The stripping of soil and weathered rock from land, creating
sediment for transportation by water, wind or ice, and enabling formation
of new sedimentary deposits.
All applicable state rules, regulations, and laws pertaining
to water quality, including the provisions of Section 3106 of Part
31 of 1994 P.A. 451, as amended.
A system of open or enclosed conduits and appurtenant structures
intended to convey or manage stormwater runoff, groundwater and drainage.
Storm sewers, conduits, curbs, gutters, catch basins, drains,
ditches, pumping devices, parking lots, roads or other man-made channels
that are designed or used, singly or together in combination with
one another, for collecting or conveying stormwater.
Methods, structures, BMPs, areas, or related items, which
are used to control, store, receive, infiltrate, or convey runoff.
Maps and written information which describe the way in which
stormwater will be controlled, both during and after construction.
A document that describes the BMPs 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, a storm drain or stormwater drainage system, and/or
a water body to the maximum extent practicable.
The runoff and drainage of precipitation resulting from rainfall,
snowmelt or other natural event or process.
Any pollutant or combination of pollutants that is or can
potentially be harmful to the public health or the environment, including
without limitation those listed in 40 CFR 401.15 as toxic under the
provisions of the Clean Water Act or listed in the Critical Materials
Register promulgated by the Michigan Department of Environmental Quality,
or as otherwise provided by local, state or federal laws, rules or
regulations.
Any water or other liquid, other than uncontaminated stormwater,
discharged from a property or premises. The term includes any water
that has in any way been used and degraded or physically or chemically
altered.
A river, lake, stream, creek or other watercourse or wetlands.
Any waterway or other body of water having reasonably well-defined
banks, including rivers, streams, creeks and brooks, whether continually
or intermittently flowing; and lakes and ponds, as shown on the official
maps of the Michigan Department of Natural Resources and Kalamazoo
County Drain Commissioner.
Land characterized by the presence of water at a frequency
and duration sufficient to support, and that under normal circumstances
does support, wetland vegetation and/or aquatic life. Also known as
a bog, swamp, marsh, etc. (from § 324.30301 of Michigan
Complied Laws, Part 303 of NREPA, Wetlands Protection). The Michigan
Department of Environmental Quality is the authority on the presence
and regulatory status of wetlands.
