City Ordinance Chapter 026 - Environment

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Chapter 26

ENVIRONMENT*

Article I. In General
Secs. 26-1-26-30. Reserved.

Article II. Noise

Division 1. Generally
Sec. 26-31. Finding and declaration of fact; purpose of article.
Sec. 26-32. Penalty for violation of article.
Sec. 26-33. Loud, disturbing, etc., noise generally.
Sec. 26-34. Playing of radios, musical instruments, etc.-Generally.
Sec. 26-35. Same-Where sound cast outside building for advertising pur-
poses.
Sec. 26-36. Yelling, shouting, etc., generally.
Sec. 26-37. Shouting by peddlers and hawkers.
Sec. 26-38. Playing of radios, musical instruments and other sound-produc-
ing or amplifying devices in city parks; presumption established;
vehicles providing power to or containing sound devices; public
nuisances and abatement by impoundment.
Sec. 26-39. Zone of quiet.
Sec. 26-40. Transportation of rails, pillars or columns.
Sec. 26-41. Noise from loading or unloading vehicles or opening or destroying
bales, boxes, etc.
Sec. 26-42. Discharge of engine or motor exhaust.
Sec. 26-43. Blowing of steam whistles.
Sec. 26-44. Operation of blowers or power fans.
Sec. 26-45. Sound amplification from aircraft.
Sec. 26-46. Limitation on hours for construction or demolition work.
Sec. 26-4 7. Operation of pile drivers, steam shovels, etc.
Sec. 26-48. Noise near schools, courts, churches, hospitals.
Sec. 26-49. Noise to attract attention to performance, show or sale.
Secs. 26-50-26-65. Reserved.

Division 2. Sound Trucks
Sec. 26-66. Definitions.
Sec. 26-67. Registration.
Sec. 26-68. Permitted sounds.
Sec. 26-69. Hours or operation; operation on Sundays and holidays prohib-
ited.
Sec. 26-70. Operation on certain streets prohibited.
Sec. 26-71. Operation near hospital, school, church, court or voting place.
Sec. 26-72. Minimum speed; operation of sound equipment when truck
stopped.
Sec. 26-73. Control of sound volume generally.
Sec. 26-74. Maximum amplification power.
Secs. 26-75-26-155. Reserved.

*State law reference-Natural resources and environmental protection act, MCL 324.101 et seq.

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MUSKEGON CITY CODE

Article III. Soil Stripping and Dumping

Division 1. Generally
Sec. 26-156.Soil defined.
Sec. 26-157.Purpose.
Sec. 26-158.Waiver of article provisions.
Sec. 26-159.Requirements for stripping operations.
Sec. 26-160.Grading required after dumping.
Sec. 26-161.Dumping on spillways or floodplains or between upper and lower
banks of streams or watercourses.
Secs. 26-162-26-180. Reserved.

Division 2. Permit
Sec. 26-181. Required; exceptions.
Sec. 26-182. Application; filing; contents.
Sec. 26-183. Map to be filed by applicant.
Sec. 26-184. Filing fee.
Sec. 26-185. Applicant's bond and insurance.
Sec. 26-186. Investigation of application.
Sec. 26-187. Hearing on application.
Sec. 26-188. Grant or denial.
Sec. 26-189. Fee; inspection of work under permit.
Sec. 26-190. Expiration.
Sec. 26-191. Revocation or suspension.
Secs. 26-192-26-195. Reserved.

Division 3. Excavations
Sec. 26-196. Application of division; compliance.
Sec. 26-197. Location with respect to streets and property lines.
Sec. 26-198. Standards.
Secs. 26-199-26-210. Reserved.

Article Iv. Point-Source Groundwater Discharges

Division 1. Generally
Sec. 26-211. Definitions.
Sec. 26-212. Policy and purposes.
Sec. 26-213. Municipal civil infraction.
Secs. 26-214-26-230. Reserved.

Division 2. Permit For Discharge From Purge Well
Sec. 26-231. Prohibition.
Sec. 26-232. Application for permit.
Sec. 26-233. Review.
Sec. 26-234. Permits.
Sec. 26-235. Term of permit.
Sec. 26-236. Existing purge wells.
Sec. 26-237. Capacity of system; proposed changes.
Sec. 26-238. Other laws.
Secs. 26-239-26-299. Reserved.

Article V. Stormwater Management
Sec. 26-300. Statutory authority and title.

CD26:2
ENVIRONMENT

Sec. 26-301. Findings.
Sec. 26-302. Purpose.
Sec. 26-303. Applicability and general provisions.
Sec. 26-304. Definitions.
Sec. 26-305. Prohibited discharges.
Sec. 26-306. Prohibited illicit connections.
Sec. 26-307. Authorized discharges.
Sec. 26-308. Storage of hazardous or toxic materials in drainageway.
Sec. 26-309. Inspection and sampling.
Sec. 26-310. Stormwater monitoring facilities.
Sec. 26-311. Accidental discharges.
Sec. 26-312. Recordkeeping requirement.
Sec. 26-313. Sanctions for violation.
Sec. 26-314. Failure to comply; completion.
Sec. 26-315. Emergency measures.
Sec. 26-316. Cost recovery for damage to stormwater drainage system.
Sec. 26-317. Collection of costs; lien.
Sec. 26-318. Suspension of access to the stormwater drainage system.
Sec. 26-319. Judicial relief.
Sec. 26-320. Cumulative remedies.
Sec. 26-321. Responsibility to implement BMPs.
Secs. 26-322-26-400. Reserved.

Article VI. Floodplain Management
Sec. 26-401. Agency designated.
Sec. 26-402. Code appendix enforced.
Sec. 26-403. Designation of regulated flood prone hazard areas.
Sec. 26-404. Repeals.
Sec. 26-405. Publication.

Supp. No. 3 CD26:3
ENVIRONMENT § 26-35

ARTICLE I. IN GENERAL Sec. 26-33. Loud, disturbing, etc., noise gen-
erally.

Secs. 26-1-26-30. Reserved. (a) It shall be unlawful for any person to make,
continue, or cause to be made or continued any
loud or unusual noise, or any noise which either
ARTICLE II. NOISE* disturbs, injures or endangers the comfort, re-
pose, health, peace or safety of others, within the
limits of the city.
DIVISION 1. GENERALLY
(b) The acts enumerated in the following sec-
tions of this article are hereby declared to be loud
Sec. 26-31. Finding and declaration of fact; and disturbing noises, but such enumeration shall
purpose of article. not be deemed to be exclusive.
(Code 1975, § 14-2; Code 2002, § 26-33)
It is hereby found and declared that:
Sec. 26-34. Playing of radios, musical instru-
(1) The making and creation of loud, unnec-
ments, etc.-Generally.
essary or unusual noises within the city is
a condition which has existed for some (a) Playing, using, operating or permitting to
time and the extent and the volume of be played, used or operated, any radio receiving
such noises are increasing; set, musical instrument, phonograph or other
machine or device for producing or reproducing
(2) Loud, unnecessary, unnatural or unusual sound in such manner as to disturb the peace,
noises, which are prolonged, affect and quiet and comfort of the neighboring inhabitants,
are a detriment to the public health, com- or at any time with louder volume than is neces-
fort, convenience, safety, welfare and pros- sary for convenient hearing for the person who is
perity of the residents of the city; in the room, vehicle or chamber in which such
machine or device is operated and those who are
(3) The necessity, in the public interest, for voluntary listeners thereto, is prohibited.
the provisions and prohibitions contained
in this article is declared a matter of (b) The operation of any such set, instrument,
legislative determination and public pol- phonograph, machine or device between the hours
of 11:00 p.m. and 7:00 a.m. in such a manner as to
icy, and it is further declared that the
be plainly audible at a distance of 50 feet from the
provisions and prohibitions contained and
building, structure or vehicle in which it is located
enacted in this article are in pursuance of,
shall be prima facie evidence of a violation of this
and for the purpose of, securing and pro- section.
moting the public health, comfort, conve- (Code 1975, § 14-3; Code 2002, § 26-34)
nience, safety, welfare, prosperity, peace
and quiet of the city and its inhabitants.
Sec. 26-35. Same-Where sound cast out-
(Code 1975, § 14-1; Code 2002, § 26-31) side building for advertising pur-
poses.
Sec. 26-32. Penalty for violation of article.
Playing, using, operating or permitting to be
played, used or operated, any radio receiving set,
Any person who violates any provision of this
musical instrument, phonograph, loudspeaker,
article shall be responsible for a municipal civil
sound amplifier or other machine or device for
infraction.
producing or reproducing sound which is cast
(Code 1975, § 14-20; Code 2002, § 26-32)
upon the public streets or any unenclosed area
*State law reference-Motor vehicle mufflers, MCL open to the public where persons are permitted to
257.707 et seq. congregate, for the purpose of commercial adver-

CD26:5
§ 26-35 MUSKEGON CITY CODE

tising or attracting the attention of the public to (c) Any device operated in violation of subsec-
any building or structure for commercial pur- tion (a) of this section is declared to be a public
poses, is prohibited. nuisance which any police officer by hearing such
(Code 1975, § 14-4; Code 2002, § 26-35) device or upon information and belief may abate
by impounding such device and removing it from
Sec. 26-36. Yelling, shouting, etc., generally. the park to the police station. The owner of such
device may have it removed from impoundment
Yelling, shouting, hooting, whistling or singing
at any time thereafter by paying to the police
on the public streets, particularly between the
department an impoundment fee in the amount
hours of 11:00 p.m. and 7:00 a .m., or at any time
established by resolution to cover the cost of
or place so as to annoy or disturb the quiet,
comfort or repose of persons in any office, dwell- removal and storage.
ing, hotel or other type of residence, or of any
person in the vicinity, is prohibited. (d) Any motor vehicle which furnishes the source
(Code 1975, § 14-5; Code 2002, § 26-36) of power for any such offending device or contains
such offending device is hereby declared to be
Sec. 26-37. Shouting by peddlers and hawk- illegally parked and a public nuisance. Any police
ers. officer may abate such nuisance by impounding
The shouting and crying of peddlers, hawkers the vehicle in the manner provided in Section
and vendors, which disturbs the peace and quiet 2.5(d) of the Uniform Traffic Code as adopted by
of the neighborhood, is prohibited. the city.
(Code 1975, § 14-6; Code 2002, § 26-37)
(e) Nothing contained in this section shall be
Sec. 26-38. Playing of radios, musical instru- construed to limit the rights of citizens to obtain a
ments and other sound-produc- permit to use a sound-amplifying device as autho-
ing or amplifying devices in city rized pursuant to division 2 of this article.
parks; presumption established; (Code 1975, § 14-7; Code 2002, § 26-38)
vehicles providing power to or
containing sound devices; pub-
lic nuisances and abatement by Sec. 26-39. Zone of quiet.
impoundment.
(a) Playing, using, operating or permitting to Whenever authorized signs are erected indicat-
be played, used or operated, any radio receiving ing a zone of quiet, no person operating a motor
set, musical instrument, phonograph, tape record- vehicle within any such zone shall sound the horn
ing device or other machine or sound-amplifying or other warning device of such vehicle, except in
device for producing, reproducing or amplifying an emergency.
sound in any city park in such a manner that the (Code 1975, § 14-9(b); Code 2002, § 26-39)
sound emanating from any such device is plainly
audible at a distance of 50 feet from the physical
location of any such device without a permit is Sec. 26-40. Transportation of rails, pillars
prohibited and a person, upon conviction thereof, or columns.
shall be deemed responsible for a municipal civil
infraction.
The transportation of rails, pillars or columns
(b) If the source of power for any device or the of iron, steel or other material over and along
sound from any device operated in violation of streets and other public places upon carts, drays,
subsection (a) of this section emanates from a cars or trucks, in any manner as to cause loud
motor vehicle, the registered owner of the vehicle noises or which disturbs the peace and quiet of
at the time of such violation shall be presumed to such streets or other public places, is prohibited.
have committed the violation. (Code 1975, § 14-10; Code 2002, § 26-40)

CD26:6
ENVIRONMENT § 26-48

Sec. 26-41. Noise from loading or unloading Sec. 26-46. Limitation on hours for construc-
vehicles or opening or destroy- tion or demolition work.
ing bales, boxes, etc.
(a) The erection (including excavating), demo-
The creation of a loud and excessive noise in lition, alteration or repair of any building, other
connection with loading or unloading any vehicle than between the hours of7:00 a .m. and 6:00 p.m.
or the opening and destruction of bales, boxes, is prohibited, except in case of urgent necessity in
crates and containers is prohibited. the interest of public health and safety, and then
(Code 1975, § 14-11; Code 2002, § 26-41) only with a permit from the building inspector,
which permit may be granted for a period not to
Sec. 26-42. Discharge of engine or motor ex- exceed three days or less while the emergency
haust. continues and which permit may be renewed for
periods of three days or less while the emergency
The discharge into the open air of the exhaust
continues.
of any steam engine, stationary internal combus-
tion engine, motor boat or motor vehicle, except (b) If the building inspector shall determine
through a mufiler or other device which will that the public health and safety will not be
effectively prevent loud or explosive noises there- impaired by the erection, demolition, alteration or
from, is prohibited. repair of any building or the excavation of streets
(Code 1975, § 14-12; Code 2002, § 26-42) and highways within the hours of 6:00 p.m. and
7:00 a .m ., and if he shall further determine that
Sec. 26-43. Blowing of steam whistles. loss or inconvenience would result to any party in
The blowing of any steam whistle attached to interest, he may grant permission for such work
any stationary boiler, except to give notice of the to be done between the hours of6:00 p .m . and 7:00
time to begin or stop work or as a warning of fire a .m ., upon application for a permit requesting
or danger, or upon request of proper city author- performance of such work during the hours afore-
ities, is prohibited. mentioned.
(Code 1975, § 14-13; Code 2002, § 26-43) (Code 1975, § 14-16; Code 2002, § 26-46)

Sec. 26-44. Operation of blowers or power Sec. 26-47. Operation of pile drivers, steam
fans. shovels, etc.

The operation of any noise-creating blower or The operation, between the hours of 10:00 p.m .
power fan is prohibited, unless the noise from and 7:00 a .m. , of any pile driver, steam shovel,
such blower or fan is muffled. pneumatic hammer, derrick, steam or electric
(Code 1975, § 14-14; Code 2002, § 26-44) hoist or other appliance, the use of which is
attended by loud or unusual noise, is prohibited,
Sec. 26-45. Sound amplification from air- except in the case of an emergency.
craft. (Code 1975, § 14-17; Code 2002, § 26-47)
(a) No person shall operate, or cause to be
operated, any aircraft for any purpose in or over Sec. 26-48. Noise near schools, courts,
the city with sound amplifying equipment in churches, hospitals.
operation.
The creation of any excessive noise on any
(b) For the purpose of this section, the term street adjacent to any school, institution oflearn-
"aircraft," shall mean any contrivance now known ing, church, court or hospital, which unreason-
or hereafter invented, used or designed for navi- ably interferes with the business of any such
gation or for flight in the air, including helicopters institution, or which disturbs or unduly annoys
and lighter-than-air dirigibles and balloons. patients in a hospital, shall be unlawful, provided
(Code 1975, § 14-15; Code 2002, § 26-45) conspicuous signs are displayed in such streets

CD26:7
§ 26-48 MUSKEGON CITY CODE

indicating the type of institution situated thereon (3) License number and motor number of the
and that noise is prohibited or that quiet is sound truck to be used by the applicant;
required in such area.
(4) Name and address of the person who
(Code 1975, § 14-18; Code 2002, § 26-48)
owns the sound truck;
Sec. 26-49. Noise to attract attention to per- (5) Name and address of the person having
formance, show or sale. direct charge of the sound truck;
The use of any drum or other instrument or (6) Names and addresses of all persons who
device for the purpose of attracting attention, by will use or operate the sound truck;
the creation of noise, to any performance, show or
(7) The purpose for which the sound truck
sale is prohibited.
will be used;
(Code 1975, § 14-19; Code 2002, § 26-49)
(8) A general statement as to the section of
Secs. 26-50-26-65. Reserved. the city in which the sound truck will be
used;
DIVISION 2. SOUND TRUCKS (9) The proposed hours of operation of the
sound truck;
Sec. 26-66. Definitions.
(10) The number of days of proposed operation
The following words, terms and phrases, when of the sound truck;
used in this division, shall have the meanings
(11) A general description of the sound ampli-
ascribed to them in this section, except where the
fying equipment which is to be used; and
context clearly indicates a different meaning:
(12) The maximum sound producing power of
Sound amplifying equipment means any ma-
the equipment to be used in or on the
chine or device for the amplification of the human
sound truck, including:
voice, music or any other sound, but shall not be
construed as including standard automobile ra- a. The wattage to be used;
dios, when used and heard only by occupants of b. The volume in decibels of the sound
the vehicle in which installed, or warning devices which will be produced; and
on authorized emergency vehicles or horns or
other warning devices on other vehicles used only c. The approximate maximum distance
for traffic safety purposes. for which sound will be thrown from
the sound truck.
Sound truck means any motor vehicle or animal-
drawn vehicle having mounted thereon, or at- (b) All persons using or causing to be used
tached thereto, any sound amplifying equipment. sound trucks for noncommercial purposes shall
(Code 1975, § 14-32; Code 2002, § 26-66) amend any registration statement filed pursuant
to this section within 48 hours after any change in
Sec. 26-67. Registration. the information therein furnished .

(a) No person shall use, or cause to be used, a (c) The city clerk shall return to each regis-
sound truck, with sound amplifying equipment in trant under this section, one copy of the registra-
operation in the city, before filing a registration tion statement, duly certified by the city clerk as
statement with the city clerk. This registration a correct copy. Such certified copy shall be in the
statement shall be filed in duplicate and shall possession of any person operating the sound
state the following: truck at all times while the sound amplifying
equipment is in operation, and shall be promptly
(1) Name and home address of the applicant;
displayed and shown to any police officer of the
(2) Address of place of business of the appli- city upon request.
cant; (Code 1975, § 14-34; Code 2002, § 26-67)

CD26:8
ENVIRONMENT § 26-158

Sec. 26-68. Permitted sounds. Sec. 26-73. Control of sound volume gener-
ally.
The only sounds permitted from sound trucks
are music and human speech. The volume of sound from a sound truck shall
(Code 1975, § 14-42; Code 2002, § 26-68) be so controlled that it will not be audible for a
distance in excess of 100 feet from the sound
Sec. 26-69. Hours or operation; operation on truck, nor in volume unreasonably loud, raucous,
Sundays and holidays prohib- jarring, disturbing or a nuisance to persons within
ited. the area of audibility.
(Code 1975, § 14-47; Code 2002, § 26-73)
The operation of the sound amplifying equip-
ment on sound trucks is permitted for four hours Sec. 26-74. Maximum amplification power.
each day, except on Sundays and legal holidays,
No sound amplifying equipment on a sound
when such operation is prohibited. The permitted
truck shall be operated in excess of 15 watts of
four hours of operation shall be between the hours
power in the last stage of amplification.
of 11:30 a .m . and 1:30 p .m . and 4:30 p .m . and 6:30
(Code 1975, § 14-48; Code 2002, § 26-74)
p .m .
(Code 1975, § 14-43; Code 2002, § 26-69)
Secs. 26-75-26-155. Reserved.
Sec. 26-70. Operation on certain streets pro-
hibited. ARTICLE III. SOIL STRIPPING AND
DUMPING*
No sound truck, with amplifying equipment in
operation, shall be operated on the following
streets: Western Avenue, between Spring Street DIVISION 1. GENERALLY
and Fifth Street and Clay Avenue, from Spring
Street to Fifth Street. Sec. 26-156. Soil defined.
(Code 1975, § 14-44; Code 2002, § 26-70)
The term "soil," as used in this article, shall
mean topsoil, subsoil, sand, gravel, rock, stone
Sec. 26-71. Operation near hospital, school, and heavy aggregate, earth and any other mate-
church, court or voting place. rial proposed to be removed from or dumped on
land.
Sound shall not be emitted from a sound truck
(Code 1975, § 17-2; Code 2002, § 26-156)
within 100 yards of any hospital, school, church or
courthouse, or within 100 yards of any voting
Sec. 26-157. Purpose.
polling place on any primary or election day.
(Code 1975, § 14-45; Code 2002, § 26-71) The purpose of this article is to promote the
public health, safety and general welfare of the
Sec. 26-72. Minimum speed; operation of residents of the city and preserve the natural
sound equipment when truck resources and to prevent the creation of nuisances
stopped. and hazards to the public welfare, health, safety,
morals, well-being and general welfare.
Sound amplifying equipment shall not be oper- (Code 1975, § 17-1; Code 2002, § 26-157)
ated unless the sound truck upon which such
equipment is mounted is operated at a speed of at Sec. 26-158. Waiver of article provisions.
least ten miles per hour, except when the truck is
stopped or impeded by traffic. Whenever stopped In areas where, in the judgment of the city
by traffic, the sound amplifying equipment shall commission or administrative staff, adequate pro-
not be operated for longer than one minute at *State law references-Soil and sedimentation control,
each stop. MCL 324.9101 et seq.; local soil erosion and sedimentation
(Code 1975, § 14-46; Code 2002, § 26-72) control ordinances, MCL 324.9105 et seq.

CD26:9
§ 26-158 MUSKEGON CITY CODE

visions are made to safeguard adjacent proper- Sec. 26-160. Grading required after dump-
ties, or in the case of fills and excavations of minor ing.
importance situated in isolated areas, the city
Within six months following any dumping au-
commission may waive any or all of the require-
thorized by a permit issued under this article, the
ments of sections 26-159, 26-160 and 26-161.
parcel of land must be graded in such manner as
(Code 1975, § 17-6; Code 2002, § 26-158)
to prevent the collection of water, to provide
proper drainage and to leave the ground surface
Sec. 26-159. Requirements for stripping op- reasonably level or smooth, free of all rock, stone,
erations. cement, heavy aggregate or rubbish, and fit for
the growth of turf and other land uses permitted
(a) Every person to whom a permit authoriz- in the district.
ing stripping operations is issued under this arti- (Code 1975, § 17-4; Code 2002, § 26-160)
cle shall comply with the following:
Sec. 26-161. Dumping on spillways or flood-
(1) No soil or other material shall be removed plains or between upper and
below a point six inches above the mean lower banks of streams or wa-
elevation of the centerline of the nearest tercourses.
existing or proposed street or road estab-
lished or approved by the city, except as No soil shall be dumped on the spillways or
required for the installation of utilities floodplains of any natural or artificial streams or
and pavements. watercourses, or in any area between the upper
and lower banks of such streams or watercourses,
(2) No soil or other materials shall be re- except with the approval of the city commission,
moved in such manner as to cause water after public hearing and on a satisfactory showing
to collect or to result in a place of danger that such dumping will not result in damage to
or a menace to the public health. The other property within the limits of the city, and
premises shall at all times be graded so will not be detrimental to the public health,
that surface water drainage is not inter- safety, welfare or preservation of natural re-
fered with. sources. For the purposes of this section, the term
"floodplain" is defined as the land abutting a
(3) Sufficient topsoil shall be stockpiled on watercourse which has stored the overflow of
the site so that the entire site, when stormwater during periods of heavy storm.
stripping operations are completed, may (Code 1975, § 17-5; Code 2002, § 26-161)
be recovered with a minimum of four
inches of topsoil and the replacement of Secs. 26-162-26-180. Reserved.
such topsoil shall be made immediately
following the termination of the stripping
operations. In the event, however, that DIVISION 2. PERMIT
such stripping operations continue over a
period of time greater than 30 days, the Sec. 26-181. Required; exceptions.
operator shall replace the stored topsoil (a) It shall be unlawful for any person to
over the stripped areas as he progresses. dump, remove or strip any soil without a permit
from the city commission.
(b) The city commission may impose such other
and further requirements on stripping operations (b) No permit will be required under this arti-
as it deems necessary in the interest of the public cle where the moving, grading or leveling of soil is
health, safety, morals, preservation of natural carried on for the immediate use or development
resources and general welfare of the citizens of of land upon which the soil is found or where the
the city. removal or dumping is incidental to the construc-
(Code 1975, § 17-3; Code 2002, § 26-159) tion or alteration of a building or the premises,

CD26:10
ENVIRONMENT § 26-185

pursuant to a building permit issued by the tains and the name, address and past
department of building inspection. However, where experience in such matter of the person to
major reshaping of the land is contemplated, be in charge of the proposed operations.
either by removal or dumping, such permit shall
(8) Whether or not any permit of the appli-
be required.
cant has been revoked, and, if so, the
(Code 1975, § 17-18; Code 2002, § 26-181)
circumstances of such revocation.
Sec. 26-182. Application; filing; contents. (9) The time within which such excavation or
dumping is to be commenced after the
The application for a permit required by this granting of the permit and the time when
article shall be filed with the city clerk in quadru- it is to be completed.
plicate, the original of which shall be sworn to
before some person lawfully authorized to admin- (10) Such further information as the city man-
ister oaths, and shall set forth the following ager, city engineer or city commission
information and shall be accompanied by the may require.
following data: (Code 1975, § 17-19; Code 2002, § 26-182)

(1) A full identification of the applicant and Sec. 26-183. Map to be filed by applicant.
all persons to be directly or indirectly
interested in the permit, if granted. At the time of the filing of the application
provided for in section 26-182, the applicant shall
(2) The residence and business address of the file with the city clerk a topographic map of the
applicant. property on which the proposed work is to be done
(3) A complete description and location of the covering an area having a radius of 300 feet, so far
property on which the work is proposed to as may be possible, from the exterior boundary of
be done, prepared by a registered civil the proposed site.
engineer or land surveyor. (Code 1975, § 17-20; Code 2002, § 26-183)

(4) The exact nature of the proposed excava- Sec. 26-184. Filing fee.
tion and soil to be removed or dumped and
an estimate of the approximate number of At the time of filing the application and map
cubic yards to be removed or dumped. pursuant to sections 26-182 and 26-183, the ap-
This computation shall be made by a plicant shall pay a filing fee as set forth by
registered civil engineer or land surveyor, resolution of the city commission. Such fee shall
if deemed necessary. be used to defray costs of engineering services,
investigation, publication charges and other mis-
(5) A statement of the manner in which it is
cellaneous administrative expenses occasioned by
proposed to dump or excavate and remove processing such application.
the soil, including the slope of the sides (Code 1975, § 17-21; Code 2002, § 26-184)
and the level of the floor, and the finished
grade and condition of the property follow-
Sec. 26-185. Applicant's bond and insurance.
ing the completion of the project, and the
kind of equipment proposed to be em- The city commission shall require, as a condi-
ployed in making such excavation and tion to the granting of any permit under this
removing the soil. article, that the applicant deposit a surety bond,
in an amount to be fixed by the city commission,
(6) The proposed route which the applicant
insuring to the benefit of the city and the general
proposes to use over the public streets and
public, guaranteeing that the applicant will faith-
over private property in transporting the
fully perform all of the conditions and require-
soil.
ments under which the permit is issued. The city
(7) The past experience of the applicant in commission shall also require, as a condition to
the matter to which the permit apper- the granting of any such permit, that the appli-

CD26:11
§ 26-185 MUSKEGON CITY CODE

cant deposit a certificate of a responsible indem- respects morality, honesty and integrity, his finan-
nity company, in an amount reasonably relevant cial responsibility and all pertinent things con-
to the proposed work to be done, insuring the city cerning the health, safety, preservation of natural
and the public against any loss or damage to resources and the preventing of nuisances and
persons or property arising, directly or indirectly, hazards, and shall exercise a reasonable and
from the operations of the applicant, or any per- sound discretion in the premises. No permit shall
son acting on his behalf, in carrying on any work be granted if it appears from the investigation
connected, directly or indirectly, with the issuance thereof that the project would remove the lateral
of the permit. and subjacent support of the adjacent land and
(Code 1975, § 17-22; Code 2002, § 26-185) result in a dangerous topographic condition, or
result in seepage or slides or create an attractive
Sec. 26-186. Investigation of application. nuisance dangerous to public safety, or that it
otherwise would in any manner endanger the
Immediately upon the filing of an application public health or morals and prevent the preser-
for a permit under this article, one copy of such vation of natural resources, or be detrimental to
application shall be delivered to the city manager the general public welfare.
and one copy to the city engineer. The city engi- (Code 1975, § 17-25; Code 2002, § 26-188)
neer shall make an investigation of the facts set
forth in the application and shall make a written
report of his investigation, together with his rec-
Sec. 26-189. Fee; inspection of work under
ommendations, to the city manager.
permit.
(Code 1975, § 17-23; Code 2002, § 26-186) At the time of issuance of a permit under this
article the applicant shall pay a permit fee as set
Sec. 26-187. Hearing on application. by resolution of the city commission to cover the
Within 30 days after the city engineer makes expense of inspection and examination of the
his report and recommendations to the city man- combined operation of the site. The site shall be
ager pursuant to section 26-186, the city commis- inspected as often as deemed necessary by the
sion shall hold a public hearing on the application city but at least every six months. A fee as set by
for a permit under this article. Notice of such resolution of the commission shall be paid for
hearing shall be given by the city clerk, by mail- each subsequent inspection. The fees required by
ing a copy thereof addressed to the applicant and this section shall be in addition to any fees or
to the owners of the property, as appears on the deposits required by other provisions of this arti-
last assessment rolls of the city, within a 300-foot cle.
radius of the exterior boundaries of the proposed (Code 1975, § 17-26; Code 2002, § 26-189)
site. Such notice shall be mailed at least five days
prior to the date set for the hearing. Such notice Sec. 26-190. Expiration.
shall contain a statement of the time and place of
the hearing, the name of the applicant, a general In the event that any work for which a permit
description of the premises where the applicant has been granted under this article is not com-
proposes to do the work, and a general statement menced within six months from the date hereof,
of the size and nature of the proposed excavation or in the event work is started on excavations
or dumping area. pursuant thereto and such work is abandoned for
(Code 1975, § 17-24; Code 2002, § 26-187) a period of six months, the permit shall automat-
ically expire by limitation and cease to be valid for
Sec. 26-188. Grant or denial. any purpose. Such expired permit may be re-
viewed by the city commission for continuance,
The city commission, in granting or denying without payment of a filing fee, provided that the
any application for a permit under this article, commencement date change or abandonment is
shall take into consideration the zoning of the caused by access problems or weather conditions.
proposed site, the character of the applicant as (Code 1975, § 17-27; Code 2002, § 26-190)

CD26:12
ENVIRONMENT § 26-198

Sec. 26-191. Revocation or suspension. lowed to remain open for any period in excess of
one year except by special permission of the
Any permit granted pursuant to this article comm1ss10n.
may be revoked or suspended for failure to comply
with any of the provisions of this article. Revoca- (b) Floor level. The floor of any excavation
tion of such permit shall be accomplished only shall not be made lower than the level thereof as
pursuant to a public hearing held before the city set forth in the permit application filed under
commission, after five days notice to such permit division 2 of this article.
holder stating the grounds of complaint against (c) Bank slope. The slopes of the banks of an
him and the time and place where the hearing excavation shall in no event exceed a minimum of
will be held. If, in the opinion of the city manager, five feet horizontal to one foot vertical. Where
the public health, safety or welfare requires it, the ponded water results from the operation, such
city manager may suspend any permit granted slope must be maintained and extended into the
under this article pending the hearing for the water to a depth of three feet.
revocation of such permit by the city commission.
(Code 1975, § 17-28; Code 2002, § 26-191) (d) Fencing.
(1) If, in the opinion of the city engineer, any
Secs. 26-192-26-195. Reserved. excavation will present a dangerous con-
dition if left open, such excavation shall
DIVISION 3. EXCAVATIONS be enclosed by a chainlink or wire mesh
fence completely surrounding the portion
of the site where the excavation extends.
Sec. 26-196. Application of division; compli-
Such fence shall be not less than five feet
ance.
in height and shall be complete with gates,
The provisions of this division shall apply to which gates shall be kept locked when
excavations and excavating operations autho- operations are not being carried on. Barbed
rized by a permit issued under this article and wire shall not be used.
every person to whom such a permit is issued (2) In all cases where a lake, pool or pond is
shall comply with this division. construed in connection with the opera-
(Code 1975, § 17-40; Code 2002, § 26-196) tion of a pit, and the same is within 1,000
feet of any residence, chainlink fences
Sec. 26-197. Location with respect to streets shall be placed around such body of water
and property lines. adequate to prevent children from enter-
No cut or excavation shall be made closer than ing.
50 feet from the nearest street or highway right- (e) Warning signs. Where excavation opera-
of-way nor nearer than 40 feet to the nearest tions result in a body of water, the owner or
property line; provided, however, that the city operator shall place appropriate "Keep Out-
commission may prescribe more strict require- Danger" signs around the premises, not more
ments in order to give sublateral support to than 100 feet apart.
surrounding property where soil or geographic
conditions warrant it. (f) Stagnant water; spraying of pools or ponds.
(Code 1975, § 17-41; Code 2002, § 26-197) During the period in which excavation is being
made or a pit is being operated, no person shall
Sec. 26-198. Standards. allow pools or puddles of water to form and
become stagnant, and any person operating a pit
(a) Maximum size and period of operation of shall, at least once each month, spray any pools or
gravel or sand pit. No person shall open more ponds which may exist in conjunction with such
than 15 acres of land for purposes of excavation operations to keep them from becoming breeding
for, or operation of, a gravel or sand mining pit at places for mosquitoes or otherwise creating an
one time, and such excavation shall not be al- unhealthy condition.

CD26:13
§ 26-198 MUSKEGON CITY CODE

(g) Certain access roads to be dustfree. Any ARTICLE rv. POINT-SOURCE
roads used for the purpose of ingress and egress GROUNDWATER DISCHARGES*
to an excavation site, and which are located
within 300 feet of an occupied residence, shall be
DIVISION 1. GENERALLY
kept dustfree by hard topping with concrete,
bituminous substance, chemical treatment or other
approval means. Sec. 26-211. Definitions.

(h) Landscaping of site. The site shall be so The following words, terms and phrases, when
landscaped upon completion of each excavated or used in this article, shall have the meanings
filled part of the site that all soil erosion by wind ascribed to them in this section, except where the
and water will be eliminated. context clearly indicates a different meaning:
(i) Use of prescribed route to move soil from Acceptable water quality means chemical or
site. Vehicles transporting soil from an excavation biological content and the resulting quality of
over the public streets of the city shall be driven water and effluent which meets or exceeds the
directly over such route as may be prescribed by final effluent limitations for the discharge of treated
the city engineer to be least dangerous to public groundwater and surface water discharge as al-
safety, cause the least interference with general lowed by the state department of natural re-
traffic and cause the least damage to the public sources, the United States Environmental Protec-
streets. tion Agency, and other governmental agencies
(j) Removal of spillage from streets. Any soil with authority. The city may enact by amendment
that may be deposited on any public street or to this article additional and more stringent stan-
place from any vehicle transporting the same dards whenever the need reasonably arises.
from an excavation shall be immediately re- Purge well means a well used to pump or
moved, in a manner satisfactory to the city engi- otherwise remove groundwater from below the
neer, at the expense of the person to whom the land surface in an effort to control the movement
permit to excavate was issued. of, or to clean, contaminated or polluted ground-
(k) Additional standards. The city commission water.
may require performance standards with regard
Responsible person means a person who owns,
to excavations, in addition to those prescribed in
controls, occupies or regulates the premises, wher-
this division, where, because of peculiar condi-
ever located (including whether or not located
tions, they are deemed necessary for the protec-
within the city limits of the city), upon which or
tion of health, safety, morals, preservation of
from which a discharge regulated by this article
natural resources and well-being of the citizens of
originates.
the city.
(Code 1975, §§ 17-42-17-52; Code 2002, § 26-198) Storm drainage system means all pipes, con-
duits, culverts, chambers or channels within the
Secs. 26-199-26-210. Reserved. city used or installed for the purpose of control-
ling surface stormwater runoff in the city from
and including the city's rights-of-way, easements
or public lands, or from other sources, whether or
not within the city's boundaries.

Stormwater or surface water runoff means wa-
ter discharged to the storm drainage system as a
result of rain, snow, or other precipitation.
(Code 1975, § 24-202; Code 2002, § 26-211)
*State law reference-Groundwater and freshwater pro-
tection, MCL 324.8701 et seq.

CD26:14
ENVIRONMENT § 26-232

Sec. 26-212. Policy and purposes. been issued a current permit which continues in
force as required by this article and pays all fees
The purpose of this article is to control and
determined by resolution of the city commission
regulate access to and use of the city stormwater
and incurred by the person. This prohibition shall
and surface water management system where it
further extend to discharges from other sources
is sought to be used for discharges from ground-
identified by the city and added to this article and
water purges and similar point-source discharges
defined by amendment.
to the system. The city commission intends to
(Code 1975, § 24-203; Code 2002, § 26-231)
establish with this article a uniform city policy
addressing groundwater discharges which use
Sec. 26-232. Application for permit.
the system and ensure that the quality of water
being discharged into the system and the water- A responsible person shall apply for a permit
ways contiguous to the city is maintained at under this article. Such application shall be filed
acceptable levels; protect the stormwater and with the city clerk and directed to the city's
surface water drainage system; provide for ade- engineering department. The application shall
quate drainage of the streets, rights-of-way and include at least the following:
public areas of the city as a result of stormwater
and surface water runoff; and to provide a source (1) A capacity analysis of the portion of the
of revenue to meet the costs of maintenance and city's storm drainage system which will
upgrading of the stormwater and surface water be used, over its entire length, including a
drainage of the system as it is affected by point- statement of the available capacity for all
source discharges covered by this article. The city purposes of the portion of the system to be
commission intends that the city's first duty is to affected by the proposed discharge. The
protect the existing stormwater and surface wa- analysis must be completed and certified
ter drainage system from being inundated by by a registered professional engineer.
flows not directly caused by stormwater runoff as (2) A narrative description of the following:
defined in this article. The system must be rea-
sonably able to accommodate the normal runoffs a. The reasons for and the operation of
as well as excessive runoff caused by unusual the proposed groundwater purge.
conditions of weather and natural accumulations b. The types and levels of pollutants
of surface water and stormwater runoff. which are and will be included in the
(Code 1975, § 24-201; Code 2002, § 26-212) groundwater to be extracted.
c. The method of treatment of the
Sec. 26-213. Municipal civil infraction.
groundwater extracted, including a
A person who violates any provisions of this description of the entire treatment
article or who violates any permit issued pursu- system.
ant to this article is responsible for a municipal d. The proposed acceptable water qual-
civil infraction. ity of the water to be discharged into
(Code 1975, § 24-211; Code 2002, § 26-213) the city's storm drainage system af-
ter treatment, including the pro-
Secs. 26-214-26-230. Reserved. posed maximum chemical and bio-
logical content of the effluent.
DIVISION 2. PERMIT FOR DISCHARGE e. The proposed maximum flow rate of
FROM PURGE WELL the treated groundwater to be dis-
charged to the city's system.
Sec. 26-231. Prohibition.
f. The commitment that the flow and
No person shall cause or permit a discharge of maximum content of pollutants iden-
groundwater from a purge well to enter the city's tified will not be exceeded at any
storm drainage system unless the person has time.

CD26:15
§ 26-232 MUSKEGON CITY CODE

g. A copy of all data and studies used or state for comprehensive public liability
referred to by the applicant and the coverage in connection with the discharge,
professional engineer, if requested naming the city as additional insured,
by the city. with a 30-day cancellation notification
requirement to the city. The minimum
(3) The method, including the facilities to be
coverages for such insurance shall be de-
used and constructed by the applicant,
termined by the city. Pollution coverage
and the location of the proposed discharge
naming the city as an additional insured
into the city's storm drainage system; a
may be required at the city's discretion.
description of and commitment to the
establishment of a sampling point to test (8)A performance bond adequate to cover
water quality prior to entering the city's city costs for shutdown or repairs to city
storm drainage system, a description of facilities caused by violation of this article
all facilities and devices to be installed for or a permit, naming the city as the obligee
sampling. of the bonds.
(Code 1975, § 24-204; Code 2002, § 26-232)
(4) A plan and commitment to terminate the
discharge when surface water or
Sec. 26-233. Review.
stormwater runoff is too high, in the sole
judgment of the city, to accommodate the The city shall review the permit application,
applicant's discharge, or at such times as determine whether or not the application is com-
the city determines that maintenance ac- plete, and once complete shall review such permit
tivities at any place which require shut- application for the purpose of determining whether
down of the applicable portion of the storm a permit shall be issued.
drainage system is required. Further, the (Code 1975, § 24-205; Code 2002, § 26-233)
applicant shall state procedures and pro-
visions for routine testing of the shut- Sec. 26-234. Permits.
down system for terminating the dis-
charge. Plans for such discharge
In the event the city determines that the ap-
plication meets the standards and requirements
termination and for testing thereof shall
of this article, the city may issue a permit to the
include a commitment and covenant by
applicant. The permit shall include all provisions
the applicant that city personnel may
of the application which are deemed acceptable by
enter for the purpose of shutting down as
the city and shall, in addition, provide at least the
well as inspecting the system at reason-
following:
able times determined by the city.
(1) A detailed plan of the facilities to be
(5) A provision for and commitment to sup-
located at the discharge point, the route of
plying to the city all reports for monitor-
the proposed discharge in the city storm
ing of the discharged water, together with
drainage system, the facilities and the
all other reports submitted to the state
location at the designated monitoring lo-
department of natural resources, the
cation, together with any and all equip-
United States Environmental Protection
ment specifications required by the city.
Agency or any other governmental entity
This plan shall be submitted with, or as
with authority.
part of, the application, and must be ap-
(6) A copy of the applicant's NPDES permit proved by the city.
applicable to the discharge and any other
(2) A provision for discharge system shut-
permits required from any governmental
down and termination which shall allow
agency.
the city to modify settings on any auto-
(7) Certificates of insurance evidencing poli- matic shutoff devices, enter the premises
cies issued by insurers acceptable to the for inspections and shutoff, and for the
city and licensed to write policies in the provision of modifications to the equip-

CD26:16
ENVIRONMENT § 26-236

ment and facilities as conditions warrant of any of its provisions or any provisions
from time to time in the judgment of the of this article, or any other relevant law,
city. ordinance, rule or regulation applicable to
permittee's activities.
(3) Requirements for periodic submission of
monitoring reports, not less than quar-
(9) The permit shall contain an expiration
terly.
date reflecting the terms of permits set
(4) Determination of the allowable discharge forth in this article.
flows as to quantity and the acceptable
water quality to be maintained. A provi- (10) The permit shall include statements of
sion allowing the city to install a meter or the penalties set forth in this article for
equipment to monitor discharge at any noncompliance and shall consent to any
time. If evidence or circumstances reason- and all injunctive relief by the city, neces-
ably indicate that past discharges have sary in the sole discretion of the city, to
been in excess of reported flows, the ap- enforce this article.
plicable fees may be charged.
(11) The certificates of insurance and bonds
(5) The name and address of the contact shall be attached and kept in force. Can-
person of the permit applicant, which cellation or failure of the insurance cover-
person shall have all authority necessary age or a bond shall result in immediate
to deal with the city under the permit. In cancellation of the permit and termina-
the event the representative is found not tion of the discharge.
to have such authority, the city may im- (Code 1975, § 24-206; Code 2002, § 26-234)
mediately revoke the permit and termi-
nate the discharge.
Sec. 26-235. Term of permit.
(6) Statement of the fees in itemized form as
determined by the city, applying the most No permit shall be issued under this article for
recent city commission resolution regard- a period longer than five years. A shorter permit
ing fees. The statement shall provide that period may be determined by the city, and, in such
fees for discharge shall be based on the event, written reasons for the shorter term shall
maximum allowable discharge set forth in be set forth in the permit or attached thereto.
the permit. (Code 1975, § 24-207; Code 2002, § 26-235)
(7) The permit shall provide that the permit-
tee shall indemnify and hold the city Sec. 26-236. Existing purge wells.
harmless for any and all claims or de-
mands resulting from permittee's activi- Existing purge wells discharging into the city's
ties in constructing its facilities, monitor- storm drainage system as of December 31, 1992,
ing the flow and acceptable water quality, may continue to so discharge without a permit
the use of and discharge to the city's until December 31, 1995; provided that the re-
storm drainage system and the discharge sponsible persons apply for a permit no later than
of the permittee's flow to any surface January 1, 1995. In the event the discharge rate
water or groundwater. The obligations
of the existing discharge is increased, the point of
shall include reimbursement to or pay-
discharge is altered, or a complete application is
ment of all claims, expenses, attorney
not timely received, then the right to continue
fees, laboratory and consultant fees, and
discharging into the city's storm drainage system
any other costs in connection with any
shall immediately cease and no further discharge
such claim or demand.
shall occur until a permit is issued under this
(8) The permit shall contain provisions for article.
cancellation in the event of the violation (Code 1975, § 24-208; Code 2002, § 26-236)

CD26:17
§ 26-237 MUSKEGON CITY CODE

Sec. 26-237. Capacity of system; proposed granted, or duties imposed, upon the city may be
changes. delegated in writing by the city manager to per-
If capacity for applicant's proposed discharge is sons or entities acting in the beneficial interest of,
unavailable, the applicant may propose to in- or in the employ of the city.
crease the capacity of the city's storm drainage (Ord. No. 2135, § 26-300, 6-8-2004)
system facilities needed to accommodate the pro-
posed discharge. Such proposal shall seek an Sec. 26-301. Findings.
agreement with the city to be approved and
executed by the mayor and clerk after city com- The city finds that:
mission approval and shall further provide that
the installations and facilities shall be con- (1) Illicit discharges contain pollutants that
structed at the sole expense of the applicant. The will significantly degrade the waterbodies
planning and construction of the modifications and water resources of the city, thus threat-
shall be approved before commencing and com- ening the health, safety, and welfare of
pleted to the city's satisfaction before any permit the citizenry.
may be issued, and any improvements or altered
facilities constructed or installed by the applicant (2) Illicit discharges enter the stormwater
shall immediately be the property of the city. The drainage system through either direct con-
applicant shall fully protect and indemnify the nections (e.g., wastewater piping either
city against any claims or demands resulting from mistakenly or deliberately connected to
the construction or installation of such facilities the storm drains) or indirect connections
and shall protect the city against any liens which (e.g., infiltration into the storm drain sys-
may be sought to attach to the facilities. The city tem or spills connected by drain inlets).
may require that the improvement or repair be
(3) Establishing the measures for controlling
designed, contracted, bid and constructed by it at
illicit discharges and connections con-
applicant's cost. In any event, all contracts for
tained in this article and implementing
construction shall include a one-year warranty
the same will address many of the delete-
and shall include insurance bonds and nondis-
crimination commitments by the contractor com- rious effects of illicit discharges.
plying with city standards. (4)Any condition caused or permitted to ex-
(Code 1975, § 24-209; Code 2002, § 26-237) ist in violation of any of the provisions of
Sec. 26-238. Other laws. this article is a threat to public health,
The applicant shall, in addition to complying safety, and welfare, and is declared and
with this article, comply with and fully obey all deemed a nuisance.
other laws, statutes, ordinances, rules and regu- (Ord. No. 2135, § 26-301, 6-8-2004)
lations of any governmental entity with authority.
(Code 1975, § 24-210; Code 2002, § 26-238) Sec. 26-302. Purpose.
Secs. 26-239-26-299. Reserved.
It is the purpose of this article to establish
minimum stormwater management requirements
ARTICLE V. STORMWATER and controls to accomplish, among others, the
MANAGEMENT* following objectives:
Sec. 26-300. Statutory authority and title. (1) To regulate the contribution of pollutants
The city shall administer, implement, and en- to the stormwater drainage system and
force the provisions of this article. Any powers waterbodies by stormwater discharges by
*State law references-Soil conservation districts law,
any user.
MCL 324.9301 et seq.; building and construction in floodplain,
MCL 324.3108; subdivision within or abutting floodplain, plat
(2) To prohibit illicit discharges and connec-
requirements, MCL 560.138; subdivision within floodplain, tions to the stormwater drainage system
conditions for approval, MCL 560.194. and waterbodies.

CD26:18
ENVIRONMENT § 26-304

(3) To establish legal authority to carry out of any liquid, substance, pollutant, or other ma-
all inspection, surveillance, and monitor- terial into a stormwater drainage system or water
ing procedures necessary to ensure com- body.
pliance with this article.
Discharger means any person who directly or
(4) To provide appropriate remedies for fail- indirectly discharges stormwater from any prem-
ure to comply with this article. ises. The term "discharger" also includes any
(Ord. No. 2135, § 26-302, 6-8-2004) employee, officer, director, partner, contractor, or
other person who participates in, or is legally or
Sec. 26-303. Applicability and general pro- factually responsible for, any act or omission that
visions. is, or results in, a violation of this article.

This article shall apply to all discharges enter- Drain means any and all conduits, facilities,
ing the stormwater drainage system and waterbod- measures, areas, and structures that serve to
ies generated on any developed and undeveloped convey, catch, hold, filter, store, and/or receive
lands. stormwater or groundwater, either on a tempo-
(Ord. No. 2135, § 26-303, 6-8-2004) rary or permanent basis.
Drainage means the collection, conveyance, or
Sec. 26-304. Definitions. discharge of groundwater and/or surface water.
For the purpose of this article, the following Drainageway means a drain, water body, or
words and phrases shall have the meanings re- floodplain.
spectively ascribed to them by this section, unless
EPA means the U.S. Environmental Protection
the context in which they are used specifically
Agency.
indicates otherwise:
Floodplain means the area, usually low lands,
Authorized enforcement agency means the city adjoining the channel of a river, stream, or water-
and/or any persons or agencies designated to act course or lake, or other body of standing water,
as the authorized enforcement agency by the city. that has been or may be covered by floodwater.
Best management practices (BMPs) mean struc- Hazardous materials mean any solid, liquid,
tural devices or nonstructural practices that are semisolid, or gaseous substance or material that
designed to prevent pollutants from entering because of its quantity, quality, concentration, or
stormwater flows, to direct the fl.ow of stormwater, physical, chemical, or infectious characteristics
or to treat polluted stormwater flows. BMPs may may cause, or significantly contribute to, an in-
include, but shall not be limited to, those de- crease in mortality or an increase in serious
scribed in the Michigan Department of Environ- irreversible illness or serious incapacitating but
mental Quality Guidebook of BMPs for Michigan reversible illness, or may pose a substantial pres-
Watersheds. Equivalent practices and design cri- ent or potential hazard to human health or the
teria that accomplish the purposes of this article environment if improperly treated, stored, trans-
(including, but not limited to, minimizing ported, disposed of, or otherwise managed.
stormwater runoff and preventing the discharge
of pollutants into stormwater) shall be as deter- Illicit connection means any method, means, or
mined by the city engineer. conduit for conveying an illicit discharge into a
water body or a stormwater drainage system.
Clean water act means the federal water pollu-
tion control act, 33 USC 1251 et seq., as amended, Illicit discharge means any discharge to a wa-
and the applicable regulations promulgated there- ter body or a stormwater drainage system that
under. does not consist entirely of stormwater, that is not
authorized by the terms of an NPDES permit, or
Discharge means the introduction (intention- that is not an authorized discharge as defined by
ally or unintentionally, and directly or indirectly) this article.

CD26:19
§ 26-304 MUSKEGON CITY CODE

MDE means the Michigan Department of En- Stormwater pollution prevention plan means a
vironmental Quality. document that describes the BMPs and activities
to be implemented by a person or business to
National Pollutant Discharge Elimination Sys- identify sources of pollution or contamination at a
tem (NPDES) permit means a permit issued by site and the actions to eliminate or reduce pollut-
the EPA or a state under authority delegated ant discharges to stormwater, a stormwater drain-
pursuant to the clean water act that authorized age system, and/or a water body to the maximum
the discharge of pollutants to waters of the United extent practicable.
States.
Stormwater runoff (or stormwater) means the
Non-stormwater discharge means any dis- runoff and drainage of precipitation resulting
charge to the stormwater drainage system or a from rainfall, snowmelt, or other natural event or
water body that is not composed entirely of process.
stormwater.
Toxic material means any pollutant or combi-
Pollutant includes, but is not limited to, the nation of pollutants that is or can potentially be
following: any dredged spoil, solid waste, vehicle harmful to the public health or the environment,
fluids, yard wastes, animal wastes, agricultural including, without limitation, those listed in 40
waste products, sediment, incinerator residue, CFR 401.15 as toxic under the provisions of the
sewage, garbage, sewage sludge, munitions, chem- clean water act, or listed in the Critical Materials
ical wastes, biological wastes, radioactive materi- Register promulgated by the Michigan Depart-
als, hazardous materials, wrecked or discharged ment of Environmental Quality, or as otherwise
equipment, rock, sand, cellar dirt, and industrial, provided by local, state, or federal laws, rules, or
municipal, commercial, and agricultural waste, or regulations.
any other contaminant or other substance defined
as a pollutant under the clean water act. The Wastewater means any water or other liquid,
term "pollutant" also includes properties or char- other than uncontaminated stormwater, dis-
acteristics of water, including, but not limited to, charged from a premises. The term "wastewater"
pH, heat, TSS, turbidity, color, BOD, COD, toxic- includes any water that has in any way been used
ity, and odor. and degraded or physically or chemically altered.

Premises means any building, structure, lot, Water body means a river, lake, stream, creek,
parcel of land, or portion of land, or property, or other watercourse or wetlands.
whether improved or unimproved, including ad- (Ord. No. 2135, § 26-304, 6-8-2004)
jacent sidewalks and parking strips.
Sec. 26-305. Prohibited discharges.
Property owner means any person having legal
or equitable title to premises or any person hav- (a) It is unlawful for any person to discharge,
ing or exercising care, custody, or control over any or cause to be discharged, to a stormwater drain-
premises. age system or water body any substance or mate-
rial, including, but not limited to, pollutants or
State water quality standards mean all appli- waters containing any pollutants that cause or
cable state rules, regulations, and laws pertain- contribute to a violation of applicable water qual-
ing to water quality, including the provisions of ity standards, other than stormwater or an au-
Section 3106 of Public Act No. 451 of 1994 (MCL thorized discharge. This prohibition includes the
324.3106), as amended. commencement, conducting, or continuance of any
illicit discharge by any person to a stormwater
Stormwater drainage system means storm sew- drainage system or water body.
ers, conduits, curbs, gutters, catchbasins, drains,
ditches, pumping devices, parking lots, roads, or (b) Any person discharging stormwater shall
other manmade channels that are designed or effectively prevent pollutants from being dis-
used, singly or together in combination with one charged with the stormwater, except in accor-
another, for collecting or conveying stormwater. dance with BMPs.

CD26:20
ENVIRONMENT § 26-309

(c) The authorized enforcement agency is au- (5) Uncontaminated groundwater infiltration
thorized to require dischargers to implement pol- to storm drains.
lution prevention measures, using stormwater (6) Uncontaminated pumped groundwater.
pollution prevention plans and BMPs, as deter-
mined necessary by the authorized enforcement (7) Discharges from portable water sources.
agency to prevent or reduce the discharge of (8) Foundation drains.
pollutants to a stormwater drainage system or
water body. (9) Air conditioning condensate.
(10) Irrigation water.
(d) The discharge prohibitions of this section
shall not apply to any non-stormwater discharge (11) Springs.
authorized under a NPDES permit, waiver, or (12) Water from crawl space pumps.
waste discharge order issued to the discharger
and administered under the authority of the EPA, (13) Footing drains and basement sump pumps.
provided the discharger is in full compliance with (14) Lawn watering runoff.
all requirements of the permit, waiver, or order
(15) Waters from noncommercial car washing.
and other applicable laws and regulations, and
provided that written approval has been granted (16) Flows from riparian habitats and wet-
for any discharge to the stormwater drainage lands.
system. (17) Residential swimming pool water and other
(Ord. No. 2135, § 26-305, 6-8-2004) dechlorinated swimming pool water, pro-
vided that any filter backwash water that
Sec. 26-306. Prohibited illicit connections. is present is treated.
(a) It is unlawful for any person to construct, (18) Residual street wash water.
use, maintain (or to allow the construction, use, (19) Discharges or flows from emergency
maintenance or continued existence of) an illicit firefighting activities.
connection.
(20) Discharges specifically authorized in writ-
(b) This prohibition expressly includes, with- ing by the authorized enforcement agency
out limitation, illicit connections made prior to as being necessary to protect public health,
the effective date of the ordinance from which this welfare, and safety or the environment.
article is derived, and regardless of whether the (Ord. No. 2135, § 26-307, 6-8-2004)
connection was permissible under law or prac-
tices applicable or prevailing at the time of con- Sec. 26-308. Storage of hazardous or toxic
nection. materials in drainageway.
(Ord. No. 2135, § 26-306, 6-8-2004)
Except as permitted by law, it shall be unlawful
for any person to store or stockpile, within a
Sec. 26-307. Authorized discharges. drainageway, any hazardous or toxic materials,
The following non-stormwater discharges are unless adequate protection and/or containment
permissible, but only if they do not result in a has been provided so as to prevent any such
violation of state water quality standards and materials from entering a stormwater drainage
provided that they are undertaken in compliance system or water body.
with any applicable or required BMPs: (Ord. No. 2135, § 26-308, 6-8-2004)

(1) Water supply line flushing. Sec. 26-309. Inspection and sampling.
(2) Landscape irrigation runoff. The authorized enforcement agency may in-
(3) Diverted stream flows . spect and/or obtain samples from any discharger's
premises as necessary to determine compliance
(4) Rising groundwater. with the requirements of this article. Upon re-

CD26:21
§ 26-309 MUSKEGON CITY CODE

quest, the discharger shall allow properly identi- authorized enforcement agency within five days.
fied representatives of the authorized enforce- The written report shall specify all of the follow-
ment agency to enter the premises of the discharger ing:
at all hours necessary for the purposes of such
(1) The composition of the discharge and the
inspection or investigation, including, but not
cause thereof.
limited to, smoke/dye testing, televising pipes,
sampling, and excavation. The authorized enforce- (2) The exact date, time, and estimated vol-
ment agency shall provide the discharger reason- ume of the discharge.
able advance notice of the need for such access, if
(3) All measures taken to clean up the dis-
possible and consistent with protection of public
charge, all measures taken or proposed to
health and safety and the environment. The prop-
be taken to mitigate any known or poten-
erly identified representatives may place on the
tial adverse impacts of the discharge, and
discharger's premises the equipment or devices
all measures proposed to be taken to
used for such sampling or inspection.
reduce and prevent any recurrences.
(Ord. No. 2135, § 26-309, 6-8-2004)
(4)
The name and telephone number of the
Sec. 26-310. Stormwater monitoring facili- individual making the report, and (if dif-
ties. ferent) the individual who may be con-
tacted for additional information regard-
If directed in writing to do so by the authorized ing the discharge.
enforcement agency, a discharger of stormwater (Ord. No. 2135, § 26-311, 6-8-2004)
runoff from any premises used for commercial or
industrial purposes shall provide and operate
Sec. 26-312. Recordkeeping requirement.
equipment or devices for the monitoring of
stormwater runoff to provide for inspection, sam- (a) Any person that violates any requirement
pling, and flow measurement of each discharge to of this article or that is subject to monitoring
a water body or a stormwater drainage system, as under this article shall retain and preserve for no
specified by the authorized enforcement agency. less than three years any and all books, drawings,
The authorized enforcement agency may require plans, prints, documents, memoranda, reports,
a discharger to provide and operate such equip- correspondence, and records, including records on
ment and devices if it is necessary or appropriate magnetic or electronic media, and any and all
for the inspection, sampling, and flow measure- summaries of such records relating to monitoring,
ment of discharges in order to determine whether sampling, and chemical analysis of any discharge
adverse effects from, or as a result of, such dis- or stormwater runoff from any premises con-
charges may occur. All such equipment and de- nected with the violation or subject to monitoring.
vices for the inspection, sampling, and flow mea-
surement of discharges shall be installed and (b) Any person who:
maintained at the discharger's expense in accor- (1) At the time of a violation knew or should
dance with applicable laws, ordinances, and reg- have known that a pollutant or substance
ulations. was discharged contrary to any provision
(Ord. No. 2135, § 26-310, 6-8-2004) of this article, or contrary to any notice,
order, permit, decision or determination
Sec. 26-311. Accidental discharges. promulgated, issued or made by the au-
thorized enforcement agency under this
Any discharger who accidentally discharges
article;
into a stormwater drainage system or a water
body any substance other than stormwater or an (2) Intentionally makes a false statement,
authorized discharge shall immediately notify the representation, or certification in an ap-
authorized enforcement agency of the discharge. plication for, or form pertaining to a per-
If the notification is given orally, a written report mit, or in a notice, report, or record re-
concerning the discharge shall be filed with the quired by this article, or in any other

CD26:22
ENVIRONMENT § 26-316

correspondence or communication, writ- mJury, or damage to property, the authorized
ten or oral, with the authorized enforce- enforcement agency is authorized to carry out or
ment agency regarding matters regulated arrange for all such emergency measures. Prop-
by this article; erty owners shall be responsible for the cost of
(3) Intentionally falsifies, tampers with, or such measures made necessary as a result of a
renders inaccurate any sampling or mon- violation of this article, and shall promptly reim-
itoring device or record required to be burse the city for all of such costs.
maintained by this article; or (Ord. No. 2135, § 26-315, 6-8-2004)

(4) Commits any other act that is punishable Sec. 26-316. Cost recovery for damage to
under state law by imprisonment for more stormwater drainage system.
than 90 days;
Any person who discharges to a stormwater
shall, upon conviction, be guilty of a misdemeanor
drainage system or a water body, including, but
punishable by a fine of $500.00 per violation, per
not limited to, any person who causes or creates a
day, or imprisonment for up to 90 days, or both, in
discharge that violates any provision of this arti-
the discretion of the court.
cle, produces a deposit or obstruction or otherwise
(Ord. No. 2135, § 26-312, 6-8-2004)
damages or impairs a stormwater drainage sys-
tem, or causes or contributes to a violation of any
Sec. 26-313. Sanctions for violation.
federal, state, or local law governing the city, shall
(a) Authorized local official. Notwithstanding be liable to and shall fully reimburse the city for
any other provision of the city's laws, ordinances, all expenses, costs, losses or damages (direct or
and regulations to the contrary, the director of the indirect) payable or incurred by the city as a
department of public works is designated as the result of any such discharge, deposit, obstruction,
authorized local official to issue citations for vio- damage, impairment, violation, exceedence or non-
lations of this article. compliance. The costs that must be reimbursed to
the city shall include, but shall not be limited to,
(b) Any person who aids or abets another per-
all of the following:
son in a violation of this article shall be subject to
the sanctions provided in this section. (1) All costs incurred by the city in respond-
(Ord. No. 2135, § 26-313, 6-8-2004) ing to the violation or discharge, includ-
ing, expenses for any cleaning, repair or
Sec. 26-314. Failure to comply; completion. replacement work, and the costs of sam-
pling, monitoring, and treatment, as a
The authorized enforcement agency is autho-
result of the discharge, violation,
rized, after giving reasonable notice and opportu-
exceedence or noncompliance.
nity for compliance, to correct any violation of this
article or damage or impairment to the stormwater (2) All costs to the city of monitoring, surveil-
drainage system caused by a discharge and to bill lance, and enforcement in connection with
the person causing the violation or discharge for investigating, verifying, and prosecuting
the costs of the work to be reimbursed. The costs any discharge, violation, exceedence, or
reimbursable under this section shall be in addi- noncompliance.
tion to fees, amounts or other costs and expenses
(3) The full amount of any fines, assess-
required to be paid to the authorized enforcement
ments, penalties, and claims, including
agency under other sections of this article.
natural resource damages, levied against
(Ord. No. 2135, § 26-314, 6-8-2004)
the city, or any city representative, by any
governmental agency or third party as a
Sec. 26-315. Emergency measures.
result of a violation of applicable laws or
If emergency measures are necessary to re- regulations that is caused by or contrib-
spond to a nuisance; to protect public safety, uted to by any discharge, violation,
health, and welfare; and/or to prevent loss of life, exceedence, or noncompliance.

CD26:23
§ 26-316 MUSKEGON CITY CODE

(4) The full value of any city staff time (in- determines that such termination would abate or
cluding any required overtime), consul- reduce an illicit discharge. The authorized enforce-
tant and engineering fees, and actual at- ment agency will notify a violator of the proposed
torney fees and defense costs (including termination of its access. It shall be unlawful for
the city legal counsel and any special any person to reinstate access of the stormwater
legal counsel) associated with responding drainage system to a premises terminated pursu-
to, investigating, verifying, and prosecut- ant to this section without the prior written
ing any discharge, violation, exceedence approval of the authorized enforcement agency.
or noncompliance, or otherwise enforcing (Ord. No. 2135, § 26-318, 6-8-2004)
the requirements of this article.
(Ord. No. 2135, § 26-316, 6-8-2004) Sec. 26-319. Judicial relief.
The authorized enforcement agency may insti-
Sec. 26-317. Collection of costs; lien. tute legal proceedings in a court of competent
Costs incurred by the city pursuant to this jurisdiction to seek all appropriate relief for vio-
article shall constitute a lien on the premises. Any lations of this article or of any permit, order,
such charges that are delinquent for six months notice or agreement issued or entered into under
or more may be certified annually to the city this article. The action may seek temporary or
treasurer, who shall enter the lien on the next tax permanent injunctive relief, damages, penalties,
roll against the premises, the costs shall be col- costs, and any other relief, at law or equity, that a
lected, and the lien shall be enforced in the same court may order. The authorized enforcement
manner as provided for in the collection of taxes agency may also seek collection of fines, penalties
assessed upon the roll and the enforcement of a and any other amounts due to the city that a
lien for taxes. person has not paid.
(Ord. No. 2135, § 26-317, 6-8-2004) (Ord. No. 2135, § 26-319, 6-8-2004)

Sec. 26-320. Cumulative remedies.
Sec. 26-318. Suspension of access to the
stormwater drainage system. The imposition of a single penalty, fine, order,
damage, or surcharge upon any person for a
(a) The authorized enforcement agency may, violation of this article, or of any permit, order,
without prior notice, suspend access to the notice or agreement issued, or entered into under
stormwater drainage system to any person or this article, shall not preclude the imposition by
premises when such suspension is necessary to the city, the authorized enforcement agency, or a
stop an actual or threatened discharge that pres- court of competent jurisdiction of a combination of
ents or may present imminent and substantial any or all of those sanctions and remedies or
danger to the environment, or to the health or additional sanctions and remedies with respect to
welfare of persons, or to the stormwater drainage the same violation, consistent with applicable
system or a water body. If the person fails to limitations on penalty amounts under sate or
comply with a suspension order issued in an federal laws or regulations. A criminal citation
emergency, the authorized enforcement agency and prosecution of a criminal action against a
may take such steps as deemed necessary to person shall not be dependent upon and need not
prevent or minimize damage to the stormwater be held in abeyance during any civil, judicial, or
drainage system or the environment, or to mini- administrative proceeding, conference, or hearing
mize danger to persons, and bill the person for the regarding the person.
costs to the city in taking such steps. (Ord. No. 2135, § 26-320, 6-8-2004)
(b) Suspension due to the detection of illicit
Sec. 26-321. Responsibility to implement
discharge. Any person discharging to the
BMPs.
stormwater drainage system in violation of this
article may have their access to the system ter- The owner or operator of a premises used for
minated, if the authorized enforcement agency commercial or industrial purposes shall provide,

CD26:24
ENVIRONMENT § 26-405

at the owner or operator's own expense, reason- Sec. 26-403. Designation of regulated flood-
able protection from an accidental discharge of prone hazard areas.
prohibited materials or other wastes into the
The Federal Emergency Management Agency
stormwater drainage system or water body
(FEMA) Flood Insurance Study (FIS) entitled
through the use of structural and nonstructural
"Muskegon County, Michigan (All Jurisdictions)"
BMPs. Further, any person responsible for a
and dated July 6, 2015 and the flood insurance
premises that is, or may be, the source of an
rate map(s) (FIRMS) panel number(s) of 26121C,
illicit discharge may be required to implement,
0144D, 0163D, 0164D, 0165D, 0252D, 0254D,
at the person's expense, additional structural
0256D, 0257D, 0258D, 0259D, 0276D, 0277D,
and nonstructural BMPs to prevent the further
0278D, 0279D, and 0285D dated 7/6/2015 are
discharge of pollutants to the stormwater drain-
adopted by reference for the purposes of
age system or water body. Compliance with a!l
administration of the Michigan Construction
terms and conditions of a valid NPDES permit
Code and declared to be a part of section 1612.3
authorizing the discharge of stormwater associ-
of th~ Michigan Building Code, and to provide
ated with industrial activity, to the extent
the content of the "flood hazards" section of table
practicable, shall be deemed compliance with the
R301.2(1) of the Michigan Residential Code.
provisions of this section.
(Ord. No. 2343, § 403, 6-9-2015)
(Ord. No. 2135, § 26-321, 6-8-2004)
Sec. 26-404. Repeals.
Secs. 26-322-26-400. Reserved.
All ordinances inconsistent with the provi-
sions of this article are hereby repealed.
ARTICLE VI. FLOODPLAIN (Ord. No. 2343, § 404, 6-9-2015)
MANAGEMENT
Sec. 26-405. Publication.
Sec. 26-401. Agency designated. This article shall be effective after legal publica-
tion and in accordance with the provisions of the
Pursuant to the provisions of the state construc- act governing same.
tion code, in accordance with section 8b(6) of Act (Ord. No. 2343, § 405, 6-9-2015)
230 of the Public Acts of 1972, as amended, the
'
planning department of the City of Muskegon 1s
.
hereby designated as the enforcing agency to
discharge the responsibility of the City of Mus-
kegon under Act 230, of the Public Acts of 1972,
as amended, State of Michigan. The City of
Muskegon assumes responsibility for the
administration and enforcement of said Act
through out the corporate limits of the com-
munity adopting this ordinance.
(Ord. No. 2343, § 401, 6-9-2015)

Sec. 26-402. Code appendix enforced.

Pursuant to the provisions of the state construc-
tion code, in accordance with section 8b(6) of Act
230 of the Public Acts of 1972, as amended,
Ap;endix G of the Michigan Building Code shall
be enforced by the enforcing agency within the
jurisdiction of the community adopting this article.
(Ord. No. 2343, § 402, 6-9-2015)

Supp. No. 3 CD26:25

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