Post Construction - The Genesee County Drain Commissioner

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Attachment 6
To MDEQ Stormwater Discharge Permit Application
( Insert ordinance or regulatory mechanism here )
(Procedure for Post Construction Stormwater Runoff Program)
Procedure for Post Construction Stormwater Runoff Program
Attachment 6 to MDEQ Stormwater Discharge Permit Application
If you did not adopt an ordinance/ regulatory mechanism prior to April 1, 2014,
make sure that you indicate in your answers which of your policies/ procedures/
references are DRAFT and which are existing practices.
Please Pick the most appropriate response modify it as you see fit and delete the rest
We have an ordinance/regulatory mechanism that requires development and redevelopment
draining to our MS4’s to be reviewed and approved to the minimum standards in this permit
application ( Post Construction Stormwater Runoff Program)
 We have an Ordinance. Attached
 OR
 We have a board resolution. Attached
 OR
 We have a standard operating procedure/ site plan checklist/ _________________.
Attached
This Ordinance/ regulatory mechanism adoption date is/ will be ___________________.
41. Provide the procedure for reviewing the use of infiltration BMPs to meet the water quality
treatment and channel protection standards for new development or redevelopment projects in
areas of soil or groundwater contamination in a manner that does not exacerbate existing
conditions. The procedure shall include the process for coordinating with MDEQ staff as
appropriate
Please Pick the most appropriate box and delete the rest for question 41.
If you are a Township and you know that property (You own) that drains to your MS4s does not have
contaminated soils. You can state that to satisfy this section.
Question 41 is Not Applicable. The Township does not Own any property that contains soil or
ground water contamination. Nor is there any offsite property draining to our MS4’s that
contains soil or ground water contamination. If this becomes an issue in the future , the
Township will implement appropriate BMP’s that will not exacerbate existing conditions.
OR
If you use the GCDC-SWM to review your plans for those Developments/redevelopments that are
draining to your MS4s
Our above mechanism requires development and redevelopment draining to our MS4’s to be
approved by the GCDC-SWM office to the standards in this permit. (REFERENCE
_________________________________________________) The GCDC-SWM procedure for the
use of infiltration BMPs in areas of soil or groundwater contamination in a manner that does not
exacerbate existing conditions is:
GCDC-SWM procedure: Those plans that are required to submit and be reviewed (pursuant
Design Manual and Standards, page 3) are required to submit soil conditions and other
indications of potential soil or ground water contamination (prior land use). GCDC-SWM will
rely on information given by developer and his engineer to determine if soil or ground water
contamination is suspected. If soil or ground water contamination are suspected on a site the
reviewing agency (GCDC_SWM) will contact the MDEQ Remediation and Redevelopment
Division (RRD) who oversees 201 sites, Leaking Underground Storage Tanks Program,
Superfund Program, Brownfield Program, and provide them the site information and an
opportunity to comment. Approval will not be given until the Developer’s Engineer can
demonstrate that the BMP practices (See chapter 8 of State LID manual) implemented will not
exacerbate existing (soil or groundwater contamination) conditions. Note: The GCDC-SWM
does not have authority to require a site owner to clean up the existing pollutants. If proposed
land use has the potential for significant pollutant loading such as gas stations, commercial
vehicle maintenance and repair, auto recyclers, recycling centers, and scrap yards (Hot Spots)
additional BMPs may be required to address the associated pollutants. If the potential exists
for pollutants due to an industrial use on a site the reviewing agency (GCDC_SWM) will
contact the MDEQ Industrial Program and provide them the site information and an
opportunity to comment.
REFERENCE:
 Genesee Co Storm Water & Flood Control Design Standard Requirements (Design
Manual and Standards), page 2, Design Manual and Standards: This document together
with the State Low Impact Development manual (State LID manual) (Chapter 5 through
9 with relevant appendices) will provide information on water quality and quantity
standards as well a list of acceptable storm water treatment practices, including the
specific design criteria for each storm water practice. This document and the State LID
manual may be updated and expanded from time to time based on federal and state
requirements, improvements in engineering, science, monitoring, and local maintenance
experience. Storm water treatment practices that are designed and constructed in
accordance with these design and sizing criteria contained in the State LID manual
should meet the minimum water quality and channel protection performance standards
outlined in this document.
 Design Manual and Standards, page 7, Storm water master plan info requirements, C.6.t.v:
Analysis of existing soil conditions and groundwater elevation and bedrock depth (including
submission of soil boring logs) as required for proposed retention and infiltration facilities
 Design Manual and Standards, page 7, Storm water master plan info requirements, G: Drinking
water wells, public wellheads, Wellhead Protection Areas (WHPAs), underground storage
tanks, and brownfields
 State LID manual, Page 54, Step 3, Contaminated sites have followed state “due care”
requirements for soil and groundwater?
 State LID manual, Page 135 talks about bioretention and contaminated soils
 State LID manual, Page 348-355 talks about Implementing LID on Brownfield
(contaminated) Sites and Implementing LID in High Risk Areas.
OR
If you are NOT using the Genesee County Storm Water and Flood Control Design Standard
Requirements (Design Manual and Standards) or you are using your Municipal Engineer to review,
please specify your procedure for reviewing a site with contaminated ground:
Our above mechanism that requires development and redevelopment draining to our MS4’s to
meet the standards in this permit.
Our procedure for the use of infiltration BMPs in areas of soil or groundwater contamination in
a manner that does not exacerbate existing conditions is:
42. Does the ordinance or other regulatory mechanism require BMPs to address the associated
pollutants in potential hot spots as part of meeting the water quality treatment and channel
protection standards for new development or redevelopment projects? Hot spots include areas
with the potential for significant pollutant loading such as gas stations, commercial vehicle
maintenance and repair, auto recyclers, recycling centers, and scrap yards. Hot spots also
include areas with the potential for contaminating public water supply intakes.
Please Pick the most appropriate box and delete the rest for question 42.
If you are a Township and you know that property (You own) that drains to your MS4s cannot be
considered a Hot Spot as defined in question 42, (Example: DPW yards, Fueling Stations, automotive
repair work on your property, recycling on your property, composting, stockpiling. Anything that would
have a potential for significant pollutant loading) You can state that to satisfy this section.
Question 42 is Not Applicable. The Township does not Own any property that could be
considered a Hot Spot as defined in question 42. Nor is there any offsite property draining to
our MS4’s that could be considered a Hot Spot as defined in question 42. If this becomes an
issue in the future, the Township will implement appropriate BMPs to address the associated
pollutants in potential hot spots as part of meeting the water quality treatment and channel
protection standards.
OR
If you use the GCDC-SWM to review your plans for those Developments/redevelopments that are
draining to your MS4s
Our above mechanism requires development and redevelopment draining to our MS4’s to be
approved by the GCDC-SWM office to the standards in this permit. The GCDC-SWM
procedure for requiring BMPs to address the associated pollutants in potential Hot Spots as
defined in question 42 is as stated above in the answer to question 41.
OR
If you are NOT using the Design Manual and Standards or you are using your Municipal Engineer to
review, please specify your procedure for reviewing a site with contaminated ground:
Our above mechanism that requires development and redevelopment draining to our MS4’s to
meet the standards in this permit.
Our procedure for requiring BMPs to address the associated pollutants in potential Hot Spots as
defined in question 42 is:
53. Does the ordinance or other regulatory mechanism include a requirement to submit a site
plan for review and approval of post-construction stormwater runoff BMPs?
At the top of this document, you referenced your regulatory mechanism on requiring review and
approval. In a few sentences explain your procedure (like if you were talking to a resident) on how you
ensure developments/redevelopments are not approved by your Municipality until they meet the
requirements of this permit. Reference documents as needed.
54. Provide the procedure for site plan review and approval.
In a few sentences explain your procedure (like if you were talking to a resident) on your site plan review
and approval. Reference documents as needed.
55. Provide the reference in the site plan review and approval procedure to the process for
determining how the developer meets the performance standards and ensures long-term
operation and maintenance of BMPs.
Please Pick the most appropriate box and delete the rest for question 55.
If you are a Township and you know that the only thing that drains to your MS4s is Municipal owned
property, this would be Not Applicable. There would be no third party developer.
Question 42 is Not Applicable. The only property draining to ur MS4s is owned by the
Township. If this becomes an issue in the future, the Township will implement appropriate
maintenance agreements that specify BMPs, performance standards and address long term
operation and maintenance.
OR
If you use the Ordinance developed by the Sub-committee for those developments/redevelopments that are
draining to your MS4s here are the references in the ordinance companion documents on how the
developer meets the performance standards. You may have additional ordinances/ policies that need to be
explained below to discuss what you are specifically going to do in regards to question 55. Make sure if
you made changes to your ordinance that those changes are reflected below or marked draft.
INDIVIDUAL MUNICIPAL REFERENCE:
MUNICIPAL ORDINANCE REFERENCE:
 Ordinance, page 9, Section 2.01: Developments subject to this ordinance shall require a
storm water permit and a storm water plan, and shall be designed, constructed, and
maintained to prevent flooding, minimize stream channel impacts, protect water quality,
and achieve the purposes of this Ordinance, as stated above. <Insert Community
Name> has adopted the Genesee County Storm Water and Flood Control Design Standard
Requirements (Design Manual and Standards) to meet the objectives of managing the
quantity and quality of storm water runoff from a site as its municipality engineering
standards.

Ordinance, page 14, Section 2.07: No Change in Approved Facilities
1. Storm water runoff facilities, after construction and approval, shall be maintained
in good condition, in accordance with the approved storm water plan, and shall
not be subsequently altered, revised or replaced except in accordance with the
approved storm water plan, or in accordance with approved amendments or
revisions in the plan.
2. The municipality has the right to take corrective action if alterations to approved
storm water facilities occur and to seek compensation from the responsible party
for all costs associated with the corrective action.





Ordinance, page 17-18, Article V. : Inspection, Monitoring, Reporting and
Recordkeeping.
Ordinance, page 18-20, Article VI. :Enforcement
Ordinance, page 20-21, Article VII. :Storm Water Easements and Maintenance
Agreements
State LID manual, Appendix F: Maintenance Inspection Checklist
State LID manual, Appendix G: Stormwater Management Practices Maintenance
Agreements
OR
If you are NOT using the Ordinance/ and Ordinance Companion (Design Manual and Standards)
developed by the Sub-committee for those developments/redevelopments that are draining to your MS4,
reference in your regulatory mechanism how you require the developer to meet the performance
standards.
MUNICIPAL REFERENCE:
56. Does the ordinance or other regulatory mechanism require the long-term operation and
maintenance of all structural and vegetative BMPs installed and implemented to meet the
performance standards in perpetuity?
Please Pick the most appropriate box and delete the rest for question 56.
If you are a Township and you know that the only thing that drains to your MS4s is Municipal owned
property. You need to explain how the Municipality is going to ensure long term operation and
maintenance of BMPs (Catch basins, ponds, oil grit separators, etc…) for new or redevelopment of your
property. This will probably be done through a policy/ regulatory mechanism instead of through a
maintenance agreement with yourself.
OR
If you use the Ordinance developed by the Sub-committee for those developments/redevelopments that are
draining to your MS4s here are the references in the ordinance companion documents requiring the longterm operation and maintenance of all structural and vegetative BMPs installed and implemented to meet
the performance standards in perpetuity. You may have additional ordinances/ policies that need to be
explained below to discuss what you are specifically going to do in regards to question 56. Make sure if
you made changes to your ordinance that those changes are reflected below or marked draft.
INDIVIDUAL MUNICIPAL REFERENCE:
MUNICIPAL ORDINANCE REFERENCE:
 Ordinance, page 14, Section 2.07: No Change in Approved Facilities
3. Storm water runoff facilities, after construction and approval, shall be maintained
in good condition, in accordance with the approved storm water plan, and shall
not be subsequently altered, revised or replaced except in accordance with the
approved storm water plan, or in accordance with approved amendments or
revisions in the plan.
4. The municipality has the right to take corrective action if alterations to approved
storm water facilities occur and to seek compensation from the responsible party
for all costs associated with the corrective action.





Ordinance, page 17-18, Article V. : Inspection, Monitoring, Reporting and
Recordkeeping.
Ordinance, page 18-20, Article VI. :Enforcement
Ordinance, page 20-21, Article VII. :Storm Water Easements and Maintenance
Agreements
State LID manual, Appendix F: Maintenance Inspection Checklist
State LID manual, Appendix G: Stormwater Management Practices Maintenance
Agreements
OR
If you are NOT using the Ordinance/ and Ordinance Companion (Design Manual and Standards)
developed by the Sub-committee for those developments/redevelopments that are draining to your MS4,
reference the ordinance/ regulatory mechanism you are using requiring the long-term operation and
maintenance of all structural and vegetative BMPs installed and implemented to meet the performance
standards in perpetuity.
MUNICIPAL REFERENCE:
57. Does the ordinance or other regulatory mechanism require a maintenance agreement
between the applicant and owners or operators responsible for the long-term operation and
maintenance of structural and vegetative BMPs installed and implemented to meet the
performance standards?
If you are a Township and you know that the only thing that drains to your MS4s is Municipal owned
property.
OR
If you use the Ordinance developed by the Sub-committee for those developments/redevelopments that are
draining to your MS4s
The answer for question 57 is the same for question 56 above.
If you are NOT using the Ordinance/ and Ordinance Companion (Design Manual and Standards)
developed by the Sub-committee you andwer to 56 may or may not be referenced differently.
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