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(a) Any discharger who accidentally 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:
(1) The composition of the discharge and the cause thereof.
(2) The exact date, time, and estimated volume of the discharge.
(3) All measures taken to clean up the accidental discharge, and all measures proposes to be taken to reduce and prevent any recurrence.
(4) 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.
(b) A properly-reported accidental discharge shall be an affirmative defense to a civil infraction proceeding brought under this ordinance against a discharges 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 discharges complies with all the requirements of Section 1043.29(a).
(Ord. 07-2002-10. Passed 7-2-02.)
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 and any and all summaries of such records, relating to monitoring, sampling and chemical analysis of any discharge or storm water runoff from any property.
(Ord. 07-2002-10. Passed 7-2-02.)
ENFORCEMENT
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 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 City 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 properly upon which the work is being done and the responsibility of any person carrying out or participating in the work, sad such cost shall be a lien upon the property.
(Ord. 07-2002-10. Passed 7-2-02.)
In addition to any other remedies, should any owner fail to comply with the provisions of this chapter, the City 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 City for all costs of such work.
(Ord. 07-2002-10. Passed 7-2-02.)
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 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 of such costs.
(Ord. 07-2002-10. Passed 7-2-02.)
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 MDEQ for violation of an NPDES permit, attorney fees, and other costs and expenses.
(Ord. 07-2002-10. Passed 7-2-02.)
Costs incurred by the City and the Drain Commissioner pursuant to Sections 1043.31, 1043.32, 1043.33, and 1043.34 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. 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 for taxes. In addition to any other lawful enforcement methods, the City or the Drain Commissioner shall have all remedies authorized by Act No. 94 of the Public Acts of 1933, as amended.
(Ord. 07-2002-10. Passed 7-2-02.)
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 Ionia City Council 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 City Council shall consider the appeal and make a decision whereby it affirms, rejects or modifies the action being appealed. In considering any such appeal, the City Council may consider the recommendations of the City Engineer and the comments of other persons having knowledge of the matter. In considering any such appeal, the City Council 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 chapter 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 chapter; 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 storm water runoff.
(Ord. 07-2002-10. Passed 7-2-02.)
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