Chapter 30 - Surface Water Drainage

30.01 SURFACE WATER DRAINAGE REGULATIONS; ADMINISTRATION
30.02 ILLICIT DISCHARGE CONTROL
30.03 APPLICABILITY
30.04 RESPONSIBILITY FOR ADMINISTRATION
30.05 ULTIMATE RESPONSIBILITY
30.06 DISCHARGE PROHIBITIONS
30.07 WASTE DISPOSAL PROHIBITIONS
30.08 WATERCOURSE PROTECTION
30.09 DISCHARGES IN VIOLATION OF INDUSTRIAL OR CONSTRUCTION ACTIVITY NPDES STORM WATER DISCHARGE PERMIT
30.10 MONITORING OF DISCHARGES
30.11 NOTICE OF VIOLATION
30.12 REQUIREMENT TO REMEDIATE
30.13 APPEAL

30.01 SURFACE WATER DRAINAGE REGULATIONS; ADMINISTRATION
(a) Surface water drainage matters in Beverly Hills shall be administered by the Village, Oakland County Health Department (herein referred to as WCHD), and the Michigan Department of Environmental Quality (herein referred to as MDEQ). The Village Engineer and/or its Engineering Consultant shall review and comment on said drainage plans.
(b) This Chapter applies to all residential and commercial areas in the Village of Beverly Hills.

30.02  ILLICIT DISCHARGE CONTROL
(1) Purpose. The purpose of this Chapter is to provide for the health, safety, and general welfare of the citizens of the Village of Beverly Hills and protect all water bodies within the Village and the Great Lakes through the regulation of illicit discharges to the municipal separate storm sewer system as required by federal and state law. This Chapter establishes methods of controlling the discharge of pollutants into the Municipal separate storm sewer system owned or operated by the Village of Beverly Hills in order to comply with the requirements of the Clean Water Act and State of Michigan National Pollutant Discharge Elimination System Municipal Separate Storm Sewer System (MS4) Permit program. The objectives of this Chapter are: (a) to regulate the contribution of pollutants to the municipal separate storm sewer system associated with discharges from any user of the municipal separate storm sewer system. (b) To prohibit illicit connections and discharges to the municipal separate storm sewer system. (c) To establish legal authority to carry out all inspection, surveillance and monitoring procedures necessary to ensure compliance with this Chapter.

(2) Definitions. For the purpose of this Chapter, the following definitions are applicable:

Authorized agency means employees or designees of the director or directors of the municipal agency or agencies of the Village of Beverly Hills designated to administer or enforce this Chapter.

Illicit connection means any drain or conveyance, whether on the surface or subsurface, which allows the discharge of sanitary waste to the municipal separate storm sewer system and any connections to the municipal separate storm sewer system from indoor drains and sinks.

Illicit discharge means any discharge to a municipal separate storm sewer that is not composed entirely of storm water except discharges authorized by an NPDES permit or other discharges authorized by the Village and MDEQ.

Municipal separate storm sewer or MS4 means a conveyance or systems of conveyances including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, constructed channels or storm drains which meets the following criteria:

(1) Owned or operated by the Village of Beverly Hills.
(2) Designed or used for collecting or conveying storm water.
(3) Which is not a combined sewer conveying both sanitary wastewater and storm water.
(4) Which is not part of publicly owned wastewater treatment works that provides secondary or more stringent treatment.

Non-storm water discharge means any discharge to the municipal separate storm sewer system that is not composed entirely of storm water.

Storm Water means surface runoff and drainage of rainfall and snow or ice melt.

Waters of the State means those portions of the Rouge River and the Great Lakes within the boundaries of Michigan, all lakes, bays, rivers, streams, springs, ponds, well, impounding reservoirs, marshes, water courses, drainage systems and other surface water or groundwater, natural or artificial, public or private within the state or under its jurisdiction, except those waters which are entirely confined and retained completely upon the property of a person.

30.03 APPLICABILITY

This Chapter shall apply to all discharges to the MS4 and to all activities that can reasonably be expected to result in a discharge to the MS4.

30.04 RESPONSIBILITY FOR ADMINISTRATION

The Village of Beverly Hills shall administer, implement, and enforce the provisions of this Chapter.  Any powers granted or duties imposed by this Chapter upon the authorized agency may be delegated by the Village to persons or entities acting in the beneficial interest of or in the employ of the Village.

30.05 ULTIMATE RESPONSIBILITY

The standards set forth herein and promulgated to this Chapter are minimum standards; therefore, this Chapter does not intend nor imply that compliance by any person will ensure that there will be no contamination, pollution nor unauthorized discharges.

30.06 DISCHARGE PROHIBITIONS

(1) Prohibition of Illicit Discharges.

No person shall discharge or cause to be discharged into the MS4 or waters of the State of 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 storm water. The commencement, conduct or continuance of any illicit discharge to the MS4 is prohibited. The following categories are prohibited non-stormwater discharges if identified as significant contributors of pollutants to the Village’s MS4:

1. Water line flushing and discharges from potable water sources

2. Landscape irrigation runoff, lawn watering runoff, and irrigation waters

3. Diverted stream flows and flows from riparian habitats and wetlands

4. Rising groundwaters and springs

5. Uncontaminated groundwater infiltration and seepage

6. Uncontaminated pumped groundwater, except for groundwater cleanups specifically authorized by NPDES permits

7. Foundation drains, water from crawl space pumps, footing drains, and basement sump pumps

8. Air conditioning condensation

9. Waters from noncommercial car washing

10. Street wash water

11. Dechlorinated swimming pool water from single, two, or three family residences.

(2) Prohibition of Illicit Connections.
(a) The construction, use maintenance or continued existence of illicit connections to the MS4 is prohibited.
(b) 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.
(c) A person is considered to be in violation of this Chapter if the person connects a line conveying sanitary waste in the MS4 or allows such a connection to continue.
(d) If, subsequent to eliminating a connection found to be in violation of this Article, the responsible person can demonstrate that an illegal discharge will no longer occur, said person may request Village approval to reconnect. The reconnection or reinstallation of the connection shall be at the responsible person's expense.

30.07 WASTE DISPOSAL PROHIBITIONS

No person shall throw, deposit, leave, maintain, keep, or permit to be thrown, deposited, left, or maintained, in or upon any public or private property, driveway, parking area, street, alley, sidewalk, component of the storm drain system, or waters of the State, any refuse, rubbish, garbage, litter, or other discarded or abandoned objects, articles, and accumulations, so that the same may cause or contribute to pollution. Wastes deposited in streets in proper waste receptacles for the purposes of collection are exempted from this prohibition.

30.08 WATERCOURSE PROTECTION

Every person owning property through which a watercourse passes, or such person's lessee, shall keep and maintain that part of the watercourse within the property reasonably free of trash, debris, excessive vegetation, and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse. 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. The owner or lessee shall not remove healthy bank vegetation beyond that actually necessary for maintenance, nor remove said vegetation in such a manner as to increase the vulnerability of the watercourse to erosion. The property owner shall be responsible for maintaining and stabilizing that portion of the watercourse that is within their property lines in order to protect against erosion and degradation of the watercourse originating or contributed from their property.

30.09 DISCHARGES IN VIOLATION OF INDUSTRIAL OR CONSTRUCTION ACTIVITY NPDES STORM WATER DISCHARGE PERMIT

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 Public Works Director prior to or as a condition of a subdivision map, site plan, building permit, or development or improvement plan; upon inspection of the facility; during any enforcement proceeding or action; or for any other reasonable cause.

30.10 MONITORING OF DISCHARGES

Access to Facilities

The authorized agency shall be permitted to enter and inspect facilities subject to regulation under this Chapter as often as may be necessary to determine compliance with this Chapter. 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 representatives of the authorized agency. During any inspection as provided herein, the authorized agency may take any samples and perform any testing deemed necessary to aid in the pursuit of the inquiry or to record site activities.

Notification of Spills

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 illicit discharges or pollutants discharging into storm water, the MS4, or water of the state, said personal 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 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 authorized agency within three business days of the phone notice.

30.11 NOTICE OF VIOLATION

Whenever the Village finds that a person has violated a prohibition or failed to meet a requirement of this Article, the Village may order compliance by written notice of violation to the responsible person.  Such notice may require without limitation:

a. The performance of monitoring, analyses, and reporting;

b. The elimination of illicit connections or discharges;

c. That violating discharges, practices, or operations shall cease and desist;

d. The abatement or remediation of storm water pollution or contamination hazards and the restoration of any affected property; and

e. Payment of a fine to cover administrative and remediation costs; and

f. The implement of source control or treatment BMPs.

30.12 REQUIREMENT TO REMEDIATE

Whenever the Village finds that a discharge of pollutants or illicit connection is taking place or has occurred which will result in or has resulted in pollution of storm water, the storm drain system, or water of the United States, the Village may require by written notice to the owner of the property and/or the responsible person that the pollution be remediated and the affected property restored within 120 days of notification.

30.13 APPEAL

Notwithstanding the provisions of Section 14 below, any person receiving a Notice of Violation under Section 11 above may appeal the determination of the Village Manager.  The notice of appeal must be received by the Village Manager within 5 days from the date of the Notice of Violation.  Hearing on the appeal before the Village Manager or his/her designee shall take place within 15 days from the date of Village’s receipt of the notice of appeal.  The decision of the Village Manager or designee shall be final.

30.14 ENFORCEMENT, PENALTIES AND REMEDIES

a. Penalties.  Any person(s) violating any provision of this Ordinance shall be responsible for a municipal civil infraction. {Entire Chapter Added Ord. 352; 10-11-14}