§ 38-93. General provisions.

(1)

Groundwater protection standards.

(a)

The development and related improvements shall be designed to protect the natural environment, including lakes, ponds, streams, wetlands, flood plains and groundwater, and to ensure the absence of an impairment, pollution, and/or destruction of water, natural resources, and the public trust therein.

(b)

Stormwater management and drainage facilities shall be designed to retain the natural retention and storage capacity of any wetland, water body, or watercourse, and shall not increase flooding, or the potential for environment contamination, on-site or off-site, and shall not result in loss of the use of property by any third party.

(c)

General purpose floor drains shall be connected to a public sewer system, an on-site holding tank, or a system authorized through a state surface or groundwater discharge permit.

(d)

Sites at which hazardous substances are stored, used, or generated shall be designed to prevent spills and unpermitted discharges to air, surface of the ground, groundwater, lakes, streams, rivers or wetlands.

(e)

State and federal agency requirements for storage, spill prevention, record keeping, emergency response, transport and disposal of hazardous substances and polluting materials shall be met. No discharges to groundwater, including direct and indirect discharges, shall be allowed without applicable permits and approvals.

(f)

In determining a conformance with the standards in this article, the city shall take into consideration the publication entitled Small Business Guide to Secondary Containment, Clinton River Watershed Council, 1991, and other applicable references.

(g)

Bulk storage of pesticides shall be in accordance with Regulation No. 640, Commercial Pesticide Bulk Storage, of Act 171 of the Public Acts of 1976, as amended, being MCL 286.569.

(2)

Above ground storage and use areas for hazardous substances and polluting material.

(a)

Primary containment of hazardous substances shall be product tight.

(b)

Secondary containment shall be sufficient to store the substance for the maximum anticipated period of time necessary for the recovery of any released substance. Products held in containers of ten gallons or less packaged for retail use shall be exempt from this item.

(c)

Outdoor storage of hazardous substances shall be prohibited except in product-tight containers that are protected from weather, release, accidental damage and vandalism, including an allowance for the expected accumulation of precipitation.

(d)

Out buildings, storage rooms, sheds and pole barns which are utilized as secondary containment shall not have floor drains which outlet to soil, public sewer systems, groundwater, or nearby drains or natural water bodies unless a surface or groundwater discharge permit has been obtained pursuant to applicable requirements of Act 451.

(e)

Areas and facilities for loading and unloading of hazardous substances as well as areas where such materials are handled and stored, shall be designed and constructed to prevent unpermitted discharges to floor drains, rivers, lakes, wetland, groundwater, or soils.

(3)

Underground storage tanks.

(a)

Existing and new underground storage tanks shall be registered with the authorized state agency in accordance with applicable requirements of the U.S. Environmental Protection Agency and the Michigan Department of Environmental Quality Storage Tank Division.

(b)

Installation, operation, maintenance, closure, and removal of underground storage tanks shall be in accordance with applicable requirements of the Michigan Department of Environmental Quality Storage Tank Division. Leak detection, corrosion protection, spill prevention and overfill protection requirements shall be met. During operation, records of monthly monitoring or inventory control must be retained and available for review by city officials for five years.

(c)

Underground storage tanks taken out of service permanently shall be emptied and permanently closed in accordance with the requirements of the Michigan Department of Environmental Quality.

(4)

Well abandonment. Out-of-service water wells shall be sealed and abandoned in accordance with applicable requirements of the Michigan Department of Environmental Quality.

(5)

Groundwater removal. No person shall install a water well on, use any existing well on, or pump or otherwise use any groundwater which has been designated as contaminated by state or federal regulatory agency or any groundwater from beneath the surface of any property located in the City, which has been designated as contaminated by a state or federal regulatory agency unless such activity has been approved by the appropriate state or federal regulatory agency as part of a remediation plan.

(6)

Site with contaminated soils and/or groundwater.

(a)

Site plans shall take into consideration the location and extent of any contaminated soils and/or groundwater on the site, and the need to protect public health and the environment.

(b)

Development shall not be allowed on or near contaminated areas of a site unless information from the Michigan Department of Environmental Quality is available indicating that cleanup will proceed in a timely fashion.

(7)

Construction standards.

(a)

The general contractor, or if none, the property owner, shall be responsible for assuring that each contractor or subcontractor evaluates each site before construction is initiated to determine if any site conditions may pose particular problems for handling any hazardous substances. For instance, handling hazardous substances in proximity to water bodies or wetlands may be improper.

(b)

Hazardous substances stored on the construction site during the construction process shall be stored in a location and manner designed to prevent spills and unpermitted discharges to air, surface of the ground, groundwater, lakes, streams, rivers, or wetlands. Any storage container over 25 gallons, or 220 pounds, containing hazardous substances shall have secondary containment.

(c)

If the contractor and/or owner will be storing or handling hazardous substances that require a manufacturer's material safety data sheet, the contractor and/or owner shall familiarize him/herself with the sheet, and shall be familiar with procedures required to contain and clean up any release of the hazardous substance.

(d)

Upon completion of construction, all hazardous substances and containment systems no longer used or not needed in the operation of the facility shall be removed from the construction site by the responsible contractor and/or owner, and shall be disposed of, recycled, or reused in a proper manner as prescribed by applicable state and federal regulations.

(8)

Maintenance. In areas where hazardous substances are handled, structural integrity of the building must be maintained to avoid inadvertent discharge of chemicals to soil and groundwater. Cracks and holes in floors, foundations and walls must be repaired in areas where chemicals are handled or stored.

(Ord. No. 355, 9-23-02)