§ 2.184 INSPECTION, MONITORING, REPORTING AND RECORD KEEPING.

   (A)   Inspection and sampling. To assure compliance with the standards outlined in § 2.187, the city may inspect and/or obtain storm water samples from storm water management facilities of any discharger to determine compliance with the requirements of this chapter. Upon request, the discharger shall allow the city’s properly identified representative to enter upon the premises of the discharger at all hours necessary for the purposes of such inspection or sampling absent exigent circumstances. The city shall make a reasonable effort to provide the discharger with advance notice of such inspection and/or sampling. Unreasonable delays in allowing access to a discharger’s facility is a violation of this chapter. As a condition of the issuance of any permit in accordance with this chapter, a permittee is deemed to consent to the city’s exercise of its right to place on the discharger’s property the equipment or devices used for such sampling or inspection.

   (B)   Storm water monitoring facilities. A discharger of storm water runoff shall install and operate equipment or devices for the monitoring of storm water runoff, at its own expense, so as to provide for inspection, sampling, and flow measurement of each discharge to a water body or a storm water management facility, when directed in writing to do so by the city or its designee. The city may require a discharger to provide an operate such equipment and devices if it is necessary or appropriate for the inspection, sampling, and flow measurement of discharges in order to determine whether adverse effects from or as a result of such discharges may occur. All such equipment and devices for the inspection, sampling, and flow measurement of discharges shall be installed and maintained in accordance with applicable laws, ordinances, and regulations.

   (C)   Accidental discharges.

      (1)   Any discharger who accidently discharges into a water body any substance other than storm water or an exempted discharge shall immediately inform the city concerning the discharge. If such information is given orally, a written report concerning the discharge shall be filed with the city within five days. The written report shall specify:

         (a)   The composition of the discharge and the cause thereof;

         (b)   The exact date, time, and estimated volume of the discharge;

         (c)   All measures taken to date to clean up the accidental discharge, and all measures proposed to be taken to reduce and prevent any recurrence; and

         (d)   The name and telephone number of the person making the report and the name of a person who may be contacted for additional information on the matter.

      (2)   A properly reported accidental discharge shall be an affirmative defense to a civil infraction proceeding brought under this chapter against a discharger for such discharge. It shall not, however, be a defense to a legal action brought to obtain an injunction, to obtain recovery of costs or to obtain other relief as a result of or arising out of the discharge. A discharge shall be considered properly reported only if the discharger complies with all the requirements of division (C)(1) above.

   (D)   Record keeping requirement. Any person subject to this chapter shall retain and preserve for no less than three years any and all books, drawings, plans, prints, documents, memoranda, reports, correspondence and records, including records on magnetic or electronic media an any and all summaries of such records, relating to monitoring, sampling, and chemical analysis of any discharge or storm water runoff from any property.

(Prior Code, § 2.184) (Ord. effective 1-18-2002; Ord. effective 4-29-2022)

§ 2.185 ENFORCEMENT.

   (A)   Sanctions for violation.

      (1)   Any person violating any provision of this chapter shall be responsible for a municipal civil infraction and subject to a fine, plus costs, damages, expenses, and other sanctions as authorized under Chapter 87 of the Revised Judicature Act of 1961 and other applicable laws, including, without limitation, equitable relief; provided, however, that the violation stated in division (A)(2) below 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 for compliance with the requirements of this chapter. 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. The city designated enforcement officer is authorized to issue municipal civil infraction citations for a violation of any provision of this chapter.

      (2)   Any person who neglects or fails to comply with a stop work order issued under division (B) below shall, upon conviction, be guilty of a misdemeanor, punishable by a fine of no more than $500 or imprisonment for no more than 93 days, or both such fine and imprisonment, and such person shall also pay such costs of prosecution and other charges as may be imposed in the discretion of the court.

      (3)   Any person who aids or abets a person in a violation of this chapter shall be subject to the sanctions provided in this section.

   (B)   Stop work order. Where there is work in progress that causes or constitutes in whole or in part, a violation of any provision of this chapter, the city is authorized to issue a stop work order to prevent further or continuing violations or adverse effects. All persons to whom a stop work order is directed, or who are involved in any way with the work or matter described in a stop work order shall fully and promptly comply therewith.

   (C)   Failure to comply; completion. In addition to any other remedies, should any owner fail to comply with the provisions of this chapter, the city may, after giving reasonable notice and an opportunity for compliance, have the necessary work done, and the owner shall be obligated to promptly reimburse the city for all costs of such work. Without limiting the foregoing, a failure to comply or otherwise bring property into compliance with this chapter is deemed a public nuisance and shall be subject to abatement.

   (D)   Emergency measures. When emergency measures are necessary to protect public safety, health and welfare, and/or to prevent loss of life, injury, or damage to property, the city 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 city for all such costs.

   (E)   Cost recovery for damage to storm drain system. A discharger shall be liable for all costs incurred by the city 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 MEDQ for violation of a NPDES permit, attorney fees, and other costs and expenses.

   (F)   Collection of costs; lien. To the extent permitted by law, service charge incurred by the city and/or the County Drain Commissioner in any manner authorized by law including, but not limited to, all remedies authorized by Act No. 94 of the Public Acts of 1933, as amended. When applicable, said costs 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 or as otherwise authorized by law with any such charges which are delinquent for six months or more may be certified annually to the City 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 of taxes.

   (G)   Appeals. Any person as to whom any provision of this chapter has been applied may appeal in writing, no later than 30 days after the action or decision being appealed from, to the City Manager or his/her designee the action or decision whereby any such provision was so applied. Such appeal shall identify the manner being appealed, and the basis for the appeal. The City Manager or his/her designee shall consider the appeal and may affirm, reject, or modify the action being appealed based on the standards set forth in this chapter. The City Manager or his/her designee may impose reasonable conditions on an affirmative decision in an appeal. City Manager or his/her designee shall make its decision in writing and shall furnish a copy of the decision to the person making the appeal. In considering any such appeal, the City Manager or his/her designee may consider the recommendations of the city engineer and the comments of other persons having knowledge of the matter.

   (H)   Suspension of MS4 access.

      (1)   The city may, without prior notice, suspend a person's discharge access to the MS4 when such suspension is necessary to stop an actual or threatened discharge that presents or may present imminent and substantial danger to the environment, or to the health or welfare of person or the MS4. If the person fails to comply with a suspension order issued herein, the city may take such steps as deemed necessary to prevent or minimize damage to the MS4 or the environment, or to minimize danger to persons. A person failing to comply with a suspension order pursuant to this section shall be liable for all cost incurred by the city as the result of such failure to comply and a violation shall constitute a public nuisance.

      (2)   Any person discharging to the MS4 in violation of this chapter may have their MS4 access terminated if such termination would abate or reduce an illicit discharge. The city will notify a violator of the proposed termination of its MS4. A person violates this chapter if the person reinstates MS4 access to a premise terminated pursuant to this section, without the prior approval of the city.

(Prior Code, § 2.185) (Ord. effective 1-18-2002; Ord. effective 4-29-2022)

§ 2.186 STORM WATER EASEMENTS AND MAINTENANCE AGREEMENTS.

   (A)   Applicability of requirements. The requirements of this section concerning storm water easements and maintenance agreements shall apply to all persons required to submit a drainage plan to the city for review and approval.

   (B)   Storm water management easements. The property owner shall provide all storm water management easements necessary to implement the approved drainage plan and to otherwise comply with this chapter in form and substance required by the city and shall record such easements as directed by the city. The easements shall assure access for proper inspection and maintenance of storm water management facilities and shall provide adequate emergency overland flow-ways.

   (C)   Maintenance agreements.

      (1)   Maintenance agreement required. The developer shall provide all storm water maintenance agreements necessary to implement the approved drainage plan and to otherwise comply with this chapter in form and substance as required by the city and shall record such agreements as directed by the city. The maintenance agreements shall, among other matters, assure access for proper inspection and maintenance or corrective actions of storm water CMPs, including emergency overland flow-ways, and include provisions for tracking the transfer of operation and maintenance responsibility to ensure the performance standards are met in perpetuity.

      (2)   Maintenance agreement provisions. The maintenance agreement shall include a maintenance plan and schedule for routine, emergency and long-term maintenance of all structural and vegetative storm water BMPs installed and implemented to meet the performance standards, with a detailed annual estimated budget for the initial three years, and a clear statement that only future maintenance activities in accordance with the maintenance agreement plan shall be permitted without the necessity of securing new permits.

         (a)   Written notice and submittal of maintenance documentation shall be provided to the city by the property owner at the interval set forth in the maintenance agreement and subject to the provisions of §§ 2.184 and 2.185.

         (b)   If it has been found by the city, following notice and an opportunity to be heard by the property owner, that there has been a material failure or refusal to undertake maintenance as required under this chapter and/or as required in the approved maintenance agreement as required hereunder, the city shall then be authorized, but not required, to hire an entity with qualifications and experience in the subject matter to undertake the monitoring and maintenance required, in which event the property owner shall be obligated to advance or reimburse payment for all costs and expense associated with such monitoring and maintenance, together with a reasonable administrative fee. The maintenance agreement required under this chapter shall contain a provision spelling out the requirements and, if the applicant objects in any respect to such provision or the underlying rights and obligations, such objection shall be resolved prior to the commencement of construction of the proposed development of the property.

   (D)   Establishment of county drains. Prior to final approval of a platted subdivision, all storm water management facilities for platted subdivisions shall be established as county drains, as authorized in Section 433, Ordinance 18 of the Michigan Drain Code (P.A. 40 of 1956, as amended) for long-term maintenance.

(Prior Code, § 2.186) (Ord. effective 1-18-2002; Ord. effective 4-29-2022)

§ 2.187 PERFORMANCE AND DESIGN STANDARDS.

   (A)   Design standards. Storm water BMPs shall be designed to manage storm water flow within the available capacity of the downstream conveyance system as determined by the city. In addition, storm water BMPs shall be designed to meet performance standards as described in division (B) below. Storm water system design shall be in accordance with the latest version of the Storm Water Standards Manual published by the city.

   (B)   Performance standards. In order to achieve the goals and purposes of this chapter, the following storm water management performance standards are hereby established:

      (1)   Water quality treatment. Treat the calculated site runoff for the entire project site from the 90% annual non-exceedance storm, which is approximately equal to one inch of rain (i.e. on average, 90% of the storm in a given year, produces one inch or less). The treatment volume specified is based on capturing and treating the volume of storm water that is the first to runoff in a storm and expected to contain the majority of pollutants. This volume of runoff is often referred to as the “first flush”. The water quality treatment standard is required for all sites.

         (a)   Total suspended solids (TSS). The methods selected to treat the volume of water calculated for the water quality treatment performance standard shall be designed on a site-specific basis to achieve either a minimum of 80% removal of TSS, as compared with uncontrolled runoff, or discharge concentration of TSS that does not exceed 80 milligrams per liter (mg/l). This performance standard is based on TSS as a surrogate for other pollutants normally found in storm water runoff. Control of TSS to meet this standard is expected to achieve control of other pollutants to an acceptable level that protects water quality.

      (2)   Channel protection. Maintain the post-development project site runoff volume and peak flow rate at or below pre-development levels for all storms up to the two-year, 24-hour event. At a minimum, pre-development is defined as the last land use prior to the planned new development or redevelopment. The channel protection standard is required for storm water discharges to surface waters or the MS4.

      (3)   Flood control. Control the volume of site runoff from the flood control rainfall event with a maximum allowable release rate to reduce the potential for property damage for overbank flooding and preserve existing floodplains. The flood control event and maximum allowable release rate shall be determined by Kent County. The flood control standard is required for all sites.

         (a)   Overflow routes. Acceptable overflow routes for the 100-year flood shall be identified for the site and for downstream areas between the site and the nearest acceptable floodway or outlet. Storm water conveyance systems are usually designed to handle flows generated by the ten-year storm. When larger storms generate higher flows, the conveyance system is expected to surcharge resulting in storm water accumulating on the surface of the ground. Gravity will cause such storm water to flow overland to lower elevations. By carefully managing the shape of the land surface such overland storm water flow can be directed to locations that will not cause property damage. Adequate emergency overland flow-ways will direct storm water flows generated by the 100-year storm to avoid damage to structures and facilities.

      (4)   Site-specific requirements.

         (a)   Pretreatment. Pretreatment of site runoff is required on a site-specific basis prior to discharging to certain storm water BMPs. Pretreatment provides for the removal of fine sediment, trash and debris, and preserves the longevity and function of the BMP.

         (b)   Hot spots and groundwater contamination. Some land use activities have a potentially greater risk of polluted runoff than others. Project sites with these types of activities are referred to as “hot spots” and include uses such as gas stations, commercial vehicle maintenance and repair, auto recyclers, recycling centers, and scrap yards. Hot spots also include areas with the potential for contaminating public water supply intakes. Pretreatment of storm water runoff to address pollutants associated with hot spots is required for the site. Storm water management strategies and BMPs that reduce the potential to mobilize existing soil and groundwater contaminants, or that capture and treat storm water runoff and/or accidental spills to protect groundwater or nearby surface waters are required.

         (c)   Coldwater streams. Storm water management strategies and BMPs that minimize thermal impacts from site runoff and maximize groundwater recharge are required for sites with a surface water discharge to a coldwater stream as determined by the Michigan Department of Natural Resources (MDNR).

   (C)   Alternative approach for channel protection. In many cases, infiltration will likely be used as the primary means of retention. It is not, however, the sole means of providing onsite retention, and the developer must include consideration of storm water reuse, interception, evapotranspiration, and other vegetative (non-structural) BMPs at the project site. Site constraints that limit the use of infiltration may include:

      (1)   Poorly draining soils (<0.24 inches per hour; typically, hydrologic soil groups C and D);

      (2)   Bedrock;

      (3)   High groundwater, or the potential of mounded groundwater to impair other uses;

      (4)   Wellhead protection areas;

      (5)   Storm water hot spots; and

      (6)   Part 201 and 213 sites, and areas of soil or groundwater contamination.

The city may grant a waiver of the onsite retention criteria for channel protection described in division (B) above and allow an alternative approach to meet the channel protection performance standard if the developer demonstrates that site constraints preclude sufficient retention onsite. If a waiver is granted, the developer must meet the following extended detention criteria:

   Extended detention. Detain the portion of the channel protection volume unable to be retained onsite for a minimum of 24 hours with a maximum release rate no greater than the existing one-year peak discharge, and a drawdown time no greater than 72 hours. A waiver from the city must be granted to use this alternative approach.

   (D)   Resolution to implement performance and design standards. The City Commission of the City of East Grand Rapids may adopt a resolution establishing more detailed design and performance standards for storm water management facilities, consistent with the terms of this chapter, and in order to further implement its goals and purposes.

(Prior Code, § 2.187) (Ord. effective 1-18-2002; Ord. effective 4-29-2022)

§ 2.188 OTHER MATTERS.

   (A)   Interpretation. Words and phrases in this chapter shall be construed according to their common and accepted meanings, except that words and phrases defined in § 2.180(E) of this chapter shall be construed according to the respective definitions given in that section. Technical words and technical phrases that are not defined in this chapter but which have acquired particular meanings in law or in technical usage shall be construed according to such meanings.

   (B)   Catchline headings. The catchline headings of the articles and sections of this chapter are intended for convenience only, and shall not be construed as affecting the meaning or interpretation of the text of the articles or sections to which they may refer.

   (C)   Severability. The provisions of this chapter are hereby declared to be severable, and if any part or provision of this chapter should be declared invalid or unenforceable by any court of competent jurisdiction, such invalidity or unenforceability shall not affect any other part or provision of this chapter.

(Prior Code, § 2.188) (Ord. effective 1-18-2002; Ord. effective 4-29-2022)