HomeMy Public PortalAbout11202023 Special Meeting AGENDA Packet
COOPER CHARTER TOWNSHIP BOARD
1590 West D Ave, Kalamazoo MI 49009
269-382-0223
November 20, 2023
SPECIAL MEETING
4:00 p.m.
A G E N D A
1. Call to Order
2. Pledge of Allegiance
3. Additions or deletions to agenda, approval of agenda:
4. Citizens Comments on Non-Agenda Items.
THE BOARD WELCOMES CITIZENS’ COMMENTS. ANYONE WISHING TO ADDRESS THE BOARD SHOULD STATE THEIR NAME, ADDRESS, AND
LIMIT THEIR COMMETNS TO THREE MINUTES.
5. Discussion about Upcoming Wellhead Protection Ordinance.
6. SMBA Dissolution Discussion and Authorization to Sign.
7. Consider Offer for the G Avenue Lots owned by Cooper Township.
8. Trustee Comments
9. Adjourn
November 5, 2023
Cooper Township
1590 D Avenue West
Kalamazoo, MI 49009
Attention: Cooper Township Board
RE: WELLHEAD PROTECTION ORDINANCE
Dear Board Members:
At your November 20, 2023 special meeting, a new Wellhead Protection Ordinance is being presented by
Prein & Newhof. The adoption of this ordinance is a requirement under the new public water service
agreement with the City of Kalamazoo. After a review of the ordinance and discussion with Tom Wheat
from Prein & Newhof, I recommend the following change:
B. Definitions
Wellhead Protection Board of Appeals shall be the Charter Township of Cooper Planning
Commission Board unless the Township Board by resolution designates a separate Wellhead
Protection Board of Appeals.
My suggestion for this change is that the Planning Commission reviews all site plans, which would have to
conform to the new Wellhead Protection Ordinance. It is possible that they would be hearing an appeal
case for a site plan that they already reviewed and enforced the ordinance.
The intent is to hold first reading (introduction) at your December meeting and second reading (adoption)
at your January meeting.
Sincerely,
Julie Johnston, AICP
J. Johnston Consulting
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CHARTER TOWNSHIP OF COOPER
ORDINANCE NO. 266
WELLHEAD PROTECTION ORDINANCE
THE CHARTER TOWNSHIP OF COOPER ORDAINS:
Section 1.
A. Intent / Purpose
The intent of the Charter Township of Cooper Wellhead Protection
Ordinance is to safeguard the health, safety, and welfare of persons served by
the Public Water Supply System by protecting groundwater that serves as
drinking water, thus providing a safe potable water supply now and for future
generations.
B. Definitions
The following definitions apply to this ordinance:
Best Management Practices (BMP) means the best available methods, activities,
maintenance procedures, technologies, operating methods or management
practices for preventing or reducing the quantity of Regulated Substances
entering groundwater and surface water from a particular land use activity.
Capture Zone means that area through which water travels below the surface
and reaches a municipal well or wellfield within a specified period of time (under
specified conditions set by EGLE). This ordinance addresses both a one-year
and ten-year time-of-travel capture zone. The capture zones are shown on the
Wellhead Protection Ordinance Capture Zone Map, attached to this Ordinance
and incorporated herein by this reference.
City means the City of Kalamazoo.
Groundwater means the water below the land surface in a zone of saturation,
excluding those waters in underground piping for water, wastewater, or
stormwater distribution/collection systems.
Michigan Department of Environment, Great Lakes, and Energy (EGLE) shall
include its predecessors and successors.
Performance Standards shall mean those BMPs and engineering controls
contained within the document “Performance Standards fo r Groundwater
Protection within Wellhead Protection Capture Zones and Stormwater Quality
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Management” which is adopted by resolution of the Township Board and which
may be amended by resolution of the Township Board as necessary to
incorporate new or modified BMPs and engineering controls. The Wellhead
Protection Administrator shall maintain the document and shall at times be
prepared to consult and distribute the most recently adopted performance
standards, a copy of which shall also be retained by the Township Clerk with
resolution date indicated thereon.
RCRA means the Resource Conservation and Recovery Act of 1976 (Pub. L. 94 -
580; 42 U.S.C. 6901 et seq.), as amended.
Regulated Substances shall include:
1. Substances for which there is a safety data sheet (SDS), as
established by the Globally Harmonized System of Classification
and Labelling of Chemicals, and the SDS cites possible health
hazards for said substance;
2. Hazardous Waste, as defined by the Solid Waste Disposal Act, as
amended by the Resource Conservation and Recovery Act of 1976,
as amended;
3. Hazardous Substance, as defined by the Comprehensive
Environmental Response, Compensation and Liability Act
(CERCLA) when the hazardous substance is the focus of remedial
or removal action being conducted under CERCLA in accor dance
with the U.S. EPA regulations;
4. Radiological materials; and
5. Biohazards.
Regulated Substances shall not, however, include:
1. Substances in an amount equal or less than 2200 pounds that are
in an area capable of fully containing a total release of said
substance or an area that would drain the substance to a
wastewater treatment system, excluding septic tanks systems,
capable of treating the released substance(s);
2. Substances in a parked or stopped vehicle in transit, provided the
vehicle is stopped or parked for less than 72 hours;
3. Substances, such as gasoline or oil, in operable motor vehicles or
boats so long as used solely for the operation of the vehicle, but not
the tanker portion of a tank truck;
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4. Pressurized gases such as chlorine, propane, hydrogen, and
nitrogen when in a chemical storage tank;
5. Refrigerants contained within equipment and used for on -site air
cooling or in household appliances;
6. Substances contained within electrical utility transformers/swit ches;
or
7. Substances used in construction for which all necessary permits
have been obtained, and in accordance with the “Performance
Standards.”
Release means the spilling, leaking, pumping, pouring, emitting, emptying,
discharging, injecting, escaping, leaching, dumping, or disposing of one or more
regulated substances upon or into any land or water within a capture zone.
Release includes, without limitation, leakage of such materials from failed or
discarded containers or storage systems and disposal of such materials into any
on-site sewage disposal system, dry-well, catch basin, or landfill. The term
"release" when used and applied herein does not include:
1. Disposal in accordance with all applicable legal requirements,
including those in RCRA and CERCLA, of hazardous wastes in a
Facility that has received and maintained all necessary legal
approvals for that purpose;
2. Disposal of any substance in compliance with applicable legal
requirements, including without limitation, the terms and provi sions
of a valid municipal, state, or federal permit;
3. Disposal, in accordance with all legal requirements, of any
substance to a sanitary sewer system that has received and
maintained all necessary legal approvals for that purpose;
4. Disposal, in accordance with all legal requirements, of "sanitary
sewage" to subsurface sewage disposal systems as defined and
permitted by the State of Michigan or Kalamazoo County
Environmental Health;
5. A release for which there is no obligation to report under Fe deral,
State, or other local regulations that occurs on an impervious
ground surface (e.g., building floor or concrete driveway) that is
effectively cleaned up before reaching permeable ground (e.g.,
unpaved), a dry well, a storm sewer, or surface water body; or
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6. The application of agricultural chemicals, fertilizers, mineral acids,
organic sulfur compounds, etc. as used in routine agricultural
operations and applied under the “Generally Accepted Agricultural
Management Practices,” and consistent with label directions
approved by the United States Environmental Protection Agency or
the Michigan Department of Agriculture and Rural Development
(MDARD).
Spill Contingency Plan means a written site-specific plan conforming to the
specifications contained in the “Performance Standards,” including the
documentation of general site operations; Regulated Substance storage areas;
potential for releases of Regulated Substances and an analysis of the potential
destination of such releases; and procedures to be fol lowed in the event of a
release.
Township means The Charter Township of Cooper.
Wellhead is any individual well used for supplying water.
Wellhead Protection Board of Appeals shall be the Charter Township of Cooper
Planning Commission unless the Township Board by resolution designates a
separate Wellhead Protection Board of Appeals.
C. Responsibility for Administration
The Township Board shall, by Resolution, designate a person or persons who
shall administer, implement and enforce the provisions of this ordinance. That
person shall be known as the Wellhead Protection Administrator.
D. Prohibitions within Ten (10) Year Time-of-Travel (TOT) Capture Zone.
Within a ten-year time-of-travel capture zone, no person shall, nor cause or allow
another over whom he or she has control to:
1 Release or allow the release of a Regulated Substance, alone or in
combination with other materials (such as fill) in such a manner that
the substance gains access to the ground, to a storm sewer or
surface water or in any other way such that the substance might
enter the groundwater if doing so creates a reasonable likelihood of
an adverse impact upon the groundwater;
2. Possess a Regulated Substance, including fuels (e.g., gasoline,
diesel, kerosene, etc.) exceeding fifty-five (55) gallons aggregate
for liquid materials, or four-hundred forty (440) pounds aggregate
for dry weights, unless prepackaged and intended for retail sale or
for commercial or household use (such as salt used in water
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softeners, fertilizers, pesticides, herbicides, etc.), or unless
engineering controls are designed and implemented consistent with
the “Performance Standards,” BMPs, the Fire Code, and applicable
State of Michigan laws and regulations. The following, however,
shall not be considered prohibited activities:
a. The use of underground oil and water separators and
stormwater treatment structures which meet the conditions
of the “Performance Standards;
b. The use of current hazardous waste storage areas at RCRA
permitted facilities;
c. Laboratory activities, consistent with all local,, state, and
federal regulations.
3. Operate a scrap and recycling yard;
4. Operate a sanitary / solid waste landfill;
5. Use oil, waste oil or similar liquid petroleum-type products for dust
suppression;
6. Install a private water well for the purpose of drinki ng water or
irrigation if, in the determination of the Township, public water
service is reasonably available;
7. Install or use a private water well not installed for the purpose of
drinking water or irrigation unless it is determined by the Township
that the well owner (or representative) has scientifically
demonstrated that the well will not cause an adverse impact to the
public water supply;
8, Use any private well if said use is likely to cause an adverse impact
to the public water supply;
9. Excavate, extract, or mine sand, gravel, bedrock or any other type
of earth if a permit or site plan review is required unless the
property owner has established, to the Township's satisfaction, that
the activity will not cause an adverse impact to the public water
supply;
10. Allow the presence of an abandoned well, which is defined as any
well which has either been discontinued for more than one year, is
in such disrepair that its continued use for obtaining groundwater is
impractical, has been left uncompleted, is a threat to groundwater
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resources, or is a health or safety hazard. A well shall not be
considered abandoned if it has been properly plugged pursuant to
The Groundwater Quality Control Act, Part 127, 1978 PA 368; or
11. Drill for natural gas or petroleum, whether for exploration,
production or otherwise.
E. Prohibitions Within One (1) Year TOT Capture Zone.
Within a one-year time-of-travel capture zone, no person shall, nor cause or
allow another, over whom he or she has contro l, to:
1. Engage in any activity prohibited in the 10-Year TOT capture zone;
2. Possess Regulated Substances, including fuels (e.g., gasoline,
diesel, kerosene, etc.), exceeding fifty-five (55) gallons aggregate
for liquid materials or four-hundred forty (440) pounds aggregate for
dry weights, such as sometimes occurs with activities such as
fueling service establishments, motor vehicle repair, body repair;
trucking or bus terminals; primary metal product industries; metal
plating, polishing, etching, engraving, anodizing or similar
processes; lawn, garden, pesticide and agricultural services with
on-site bulk mixing or blending of fertilizers, pesticides and other
industry-related chemicals for commercial application; and dry
cleaning facilities with on-site cleaning service; or
3. Construct or replace any privy, privy vault, septic tank system,
cesspool, or other facility intended or used for the disposal of
domestic or non-domestic wastewater if in the determination of the
Township, a public sanitary sewer is reasonably available.
F. Well Isolation Distance Restrictions
Within either capture zone, no person shall cause or allow uses or activities that
would violate the terms and conditions set forth in the document “Minimum Well
Isolation Distances (From Contamination Sources and Buildings), Part 127, Act
368, P.A. 1978 and Act 399, PA 1976” as prepared by the EGLE, Drinking Water
and Environmental Health Division (DWEHD), as it may be amended, which, for
the purpose of this section, shall be deemed to apply to all persons, unless
approved in writing by the Township Wellhead Protection Administrator.
G. Determination of Capture Zone Boundaries
In determining whether a property is within a capture zone, the following shall
apply:
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1. Where a capture zone line that delineates the boundary of one or
more zones passes through a property, the entire parcel shall be
subject to the restrictions that apply to the more restrictive zone.
2. The Township Wellhead Protection Administrator or his or her
designee shall have the authority to interpret the capture zone and
determine where the boundaries of the different zones fall, if in
dispute. Said interpretation may be appealed to the Wellhead
Protection Board of Appeals, appointed by the Township Board.
H. Continuation of Existing Facilities and Land Uses
All facilities shall meet the requirements of the “Performance Standards” and/or
shall prepare a Spill Contingency Plan within two years from the adoption date of
this ordinance.
I. Requirements Regarding Release of Regulated Substance
1. Upon discovery of a release within a capture zone, the owner and
person in control of the property on which a release occurred, as
well as the person responsible for the release, shall take
appropriate reasonable actions to mitigate the potential impact of
the release on groundwater and remediate the release. Within 24-
hours of such release, the owner or person responsible for the
release shall notify the Township and the City of Kalamazoo Public
Services Director. Remediation must be conducted in a timely
manner and in accordance with applicable law. Wastes generated
during remediation of a Regulated Substance release must be
handled in accordance with all applicable legal requirements.
Storage of these materials for a period of greater than ninety (90)
days must be reported to, and approval obtained from, the
Township Wellhead Protection Administrator.
2. All releases shall be documented in writing and notice thereof shall
be mailed to the Township within ten (10) business days of said
incident. Initial release notification shall include, at a minimum, the
following:
a. Location of the release (address, and name and phone
number of property owner);
b. Reporting party’s name, address, email address, and
phone(s) (if different from above);
c. Emergency contact and phone;
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d. Description and photographs of the nature of the incident,
including date, time, location, and cause of the incident;
type, concentration, and volume of substance(s) released;
e. Map showing exact release location, and relevant site
features (i.e., paved area, storm sewer catch basins/inlets,
water features, etc.), scale, and north arrow;
f. All measures taken to clean up the release; and
g. All measures proposed to be taken to reduce and prevent
any future release.
3. The Township Wellhead Protection Administrator or his/her
designee shall use the Regulated Substance Release Report to
determine if and where any additional investigative work needs to
be completed to assess the potential impact of the release. The
owner or operator shall retain a copy of the written notice for at
least three years.
J. Inactive Operations
This section applies to any business or other operation (“operation”) that is
inactive, is within a capture zone, and at which there are regulated substances.
For purposes of this section, “inactive” is defined to include those businesses or
operations that are unoccupied and have no activity for at least thirty (30) days.
Those who own or control such an inactive operation shall do the following:
1. Within 7 days of the operation becoming inactive, take such steps
as necessary to secure the site such that vandals and all other
persons cannot gain access to the regulated substances;
2. Within 30 days of the operation becoming inactive, provide to the
Township Wellhead Protection Administrator a document that
identifies the site, the date of inactivity, the regulated substances,
quantities and storage conditions that exist on site, and the name,
address, email address and phone number(s) of both the owner
and the person in control of the site; and
3. Within 6 months of the operation becoming inactive, remove all
regulated substances from the site. This does not include those
substances used for heating, cooling, or electrical lighting.
K. Enforcement
1. Whenever the Township determines that a person has violated a
provision of this Ordinance, the Township may order compliance by
issuing a written Notice of Violation to the responsible
person/facility.
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2. If the Township requires abatement of a violation and/or restoration
of affected property, the notice shall set forth a deadline by which
such action must be completed. Said notice may further advise
that, should the violator fail to remediate or restore within the
established deadline, the work will be performed by the Township,
with the resulting expense thereof charged to the violator.
3. Nothing within this section shall limit the Township's authority to
seek injunctive relief and/or a search warrant allowing entry onto
the premises and abatement of the violation to protect the public
health, safety and welfare.
L. Variance / Appeal Rights
1. If an owner of property within a capture zone believes the
requirements of this ordinance impose an unreasonable burden on
the use of the owner’s property, the owner may seek a varian ce
from the Township Wellhead Protection Administrat or (or his or her
designee). Such a request must be in writing with enough detail to
allow the Township Wellhead Protection Administrator to
understand the situation and proposed variance. If the Township
Wellhead Protection Administrator determines that additional
information is needed, the request for additio nal information shall
be made within 30 days of the owner’s request. Within 30 days of
the receipt of such additional information, or, if no such request is
made, within 30 days of the owner’s request, the Township
Wellhead Protection Administrator shall issue a written response to
the owner. The response shall grant, deny, or grant partial or
different relief than was requested. A grant, partial or complete,
may relieve the property owner from strict compliance of this
ordinance. Reasonable conditions may be imposed as part of such
a grant. The Township Wellhead Protection Administrator shall be
guided by the primary goal of protecting the municipal well fields
without creating undue hardship upon the property owners affected.
2. Any person receiving a Notice of Violation or whose variance
request has been denied in whole or in part may appeal the
determination set forth within the Notice or the variance decision to
the Township Wellhead Protection Board of Appeals by submitting
a written notice of appeal to the Township. The notice of appeal
must be received by the Township Wellhead Protection
Administrator within 30 days from the date of the Notice of
Violation, with enough detail to allow the Township Wellhead
Protection Board of Appeals to understand the situation. Within 30
days of the receipt of such an appeal, the Wellhead Protection
Board of Appeals shall set the matter for hearing. Notice of the
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hearing shall be given in writing to the applicant and to the City of
Kalamazoo Department of Public Services Director. The applicant
shall be given the opportunity to present evidence at the hearing in
person or in writing or by representative. The Board of Appeals
shall issue a written decision on the appeal. The Township
Wellhead Protection Board of Appeals’ response shall affirm,
reverse, or modify the Notice of Violation being appealed.
3. If the person who has made an appeal does not agree with the
Township Wellhead Protection Board of Appeals’ decision, said
person may appeal the matter by filing an appeal in the Kalamazoo
Circuit Court, which may affirm, reverse or modify the decision
being appealed. Such an appeal must be filed within 30 days of the
Township Wellhead Protection Board of Appeals’ decision.
M. Abatement / Remedial Activities by the Township
1. Any condition caused or permitted to exist in violation of any of the
provisions of this Ordinance is a threat to public health, safety, and
welfare, and is declared and deemed a nuisance, and may be
summarily abated or restored at the violator’s expense. The
Township is authorized to take any legal action necessary to abate,
enjoin, or otherwise compel the cessation of such nuisance.
2. The Township may seek authority to enter the premises to take or
may contract with others to take reasonable and necessary
abatement or remedial activities whenever the Township
determines a violation of this Ordinance has occurred and that the
responsible party cannot or will not timely correct the violation, or
when no known responsible party exists. The responsible party
shall reimburse the Township for all reasonable expenses thus
incurred by the Township.
3. The remedies listed in this Ordinance are not exclusive of any other
remedies available under any applicable local, state, or federal law
and it is within the discretion of the Township to seek cumulative
remedies.
N. Violation & Penalty
Any violation of this Ordinance or any order made in accordance with this
Ordinance constitutes a misdemeanor, punishable by a fine of not more than
$500.00 or imprisonment of not more than 90 days, together with repayme nt of
costs incurred by the Township in prosecuting the action; in abating the violation
or seeking injunctive relief. Each day a violation exists shall be deemed to be a
separate violation. A citation under this Ordinance may be issued by a sheriff’s
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deputy, the Township’s Ordinance Enforcement Officer or the Township’s
Wellhead Protection Administrator.
REPEALER
All former ordinances or parts of ordinances conflicting or inconsistent with the
provisions of this ordinance are hereby repealed.
SEVERABILITY
If any section, subsection, sentence, clause, phrase or portion of this ordinance
is for any reason held invalid or unconst itutional by any Court of competent
jurisdiction, said portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the remaining portions of
this ordinance.
EFFECTIVE DATE
This Ordinance is effective on the 30th day following publication of a summary
thereof, after adoption by the Township Board.
CHARTER TOWNSHIP OF COOPER
PERFORMANCE STANDARDS
FOR
GROUNDWATER PROTECTION WITHIN
WELLHEAD PROTECTION CAPTURE ZONES
AND
STORMWATER QUALITY MANAGEMENT
(REFERENCE ORDINANCES NO. 266
2024
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TABLE OF CONTENTS
1.0 INTRODUCTION ............................................................................................................................... 1
2.0 GROUNDWATER CONTAMINATION RISK ASSESSMENT ........................................................... 4
3.0 GENERAL PLAN AND CONSTRUCTION STANDARDS ................................................................ 7
3.1 CONSTRUCTION ACTIVITIES .............................................................................................. 8
3.1.1 Soil Erosion And Sedimentation Control .................................................................... 9
3.1.2 Dewatering ................................................................................................................. 9
3.1.3 Fill Material ............................................................................................................... 10
3.1.4 Contaminated Sites .................................................................................................. 11
3.1.5 Parking Areas .......................................................................................................... 11
3.1.6 Floor Drains and Dry Wells / Leaching Basins ........................................................ 12
3.1.7 Wells ........................................................................................................................ 12
3.1.8 Well Isolation Distance Requirements ..................................................................... 13
3.1.9 Septic Systems ........................................................................................................ 13
3.1.10 Cooling Water .......................................................................................................... 13
3.1.11 Road Salt Storage and Use ..................................................................................... 14
3.1.12 Sump Pumps ........................................................................................................... 14
3.2 REGULATED SUBSTANCES AND PROCESS ACTIVITIES .............................................. 14
3.2.1 Regulated Substance Use Areas ............................................................................. 15
3.2.2 Spill Response Equipment ....................................................................................... 16
3.2.3 Loading / Unloading Areas....................................................................................... 16
3.3 REGULATED SUBSTANCE STORAGE UNITS .................................................................. 17
3.3.1 General Provisions ................................................................................................... 17
3.3.2 Secondary Containment for Regulated Substances (other than fuel) ..................... 18
3.3.3 ASTs ........................................................................................................................ 19
3.3.4 USTs ........................................................................................................................ 20
3.3.5 Holding Tanks .......................................................................................................... 20
3.3.6 Trucks, Trailers, Tankers, Rail Cars, and Tool Cribs ............................................... 21
3.3.7 Generators ............................................................................................................... 21
3.4 WASTE ................................................................................................................................. 21
3.4.1 Solid Waste .............................................................................................................. 21
3.4.2 Scrap Metal .............................................................................................................. 22
3.4.3 Hazardous Wastes ................................................................................................... 22
3.4.4 Liquid Waste Ponds ................................................................................................. 22
4.0 LAND USE SPECIFIC SITE PLAN REVIEW STANDARDS ........................................................... 23
4.1 FUELING ESTABLISHMENTS............................................................................................. 23
4.2 VEHICLE WASHING ............................................................................................................ 24
4.3 PRESSURE WASHING/STEAM CLEANING ...................................................................... 24
4.4 AGRICULTURE AND BULK MIXING OF FERTILIZERS AND PESTICIDES ..................... 25
4.5 DRY CLEANING FACILITIES .............................................................................................. 26
4.6 FURNITURE STRIPPING OR REFINISHING ...................................................................... 27
4.7 SCRAP AND SALVAGE OPERATIONS .............................................................................. 27
4.8 MOTOR VEHICLE REPAIR/SERVICE SHOPS AND/OR BODY REPAIR .......................... 28
4.9 PLATING AND ANODIZING ................................................................................................. 29
4.10 TRUCKING AND BUS TERMINALS .................................................................................... 30
5.0 STORMWATER MANAGEMENT REQUIREMENTS ..................................................................... 31
5.1 UNIFORM STORMWATER STANDARDS .......................................................................... 32
5.2 STORMWATER DISCHARGE STANDARDS ...................................................................... 35
5.3 DETENTION / RETENTION ................................................................................................. 38
5.4 INFILTRATION ..................................................................................................................... 39
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6.0 TREATMENT AND SPILL CONTAINMENT ................................................................................... 40
6.1 SPILL CONTAINMENT CELL .............................................................................................. 42
6.2 WATER QUALITY SWALES ................................................................................................ 42
6.3 STORMWATER MANUFACTURED TREATMENT DEVICES ............................................ 44
7.0 NONCONFORMING LAND USES .................................................................................................. 45
7.1 CONFORMANCE WITH STANDARDS ............................................................................... 45
7.2 SPILL CONTINGENCY PLANNING ..................................................................................... 45
7.2.1 Regulated Substance Inventory ............................................................................... 45
7.2.2 Release Potential Analysis ...................................................................................... 46
7.2.3 Release Prevention Measures ................................................................................. 46
7.2.4 Release Response Procedures ............................................................................... 46
7.2.5 Use of Other Emergency Response Plans .............................................................. 47
8.0 POTENTIALLY APPLICABLE ENVIRONMENTAL REGULATIONS .............................................. 48
9.0 CONTAMINATED PROPERTIES ................................................................................................... 49
9.1 PART 201, ENVIRONMENTAL REMEDIATION (EXCERPT) ............................................. 49
9.2 Part 213, ENVIRONMENTAL REMEDIATION (EXCERPT) ................................................ 50
9.3 PUBLIC INFORMATION REPORTING – ILLICIT DISCHARGES OR SPILL RELEASES .. 51
10.0 DEFINITIONS .................................................................................................................................. 53
11.0 REFERENCES ................................................................................................................................ 58
LIST OF TABLES
Table 1: Zoning Groundwater Risk Designations
Table 2: High-Risk Land-Use Activities that Pose Potential Threats to Groundwater
Table 3: Site Size Applicability to Stormwater Standards
Table 4: Stormwater Discharge Strategy infiltration to Groundwater and MS4 Connection
LIST OF FIGURES
Figure 1: Wellhead Protection Area Delineation Map
Figure 2: Spill Containment Cell
Figure 3: Water Quality Swale
LIST OF STORMWATER WORKSHEETS
Stormwater Calculations Worksheet
Uniform Stormwater Standard 1: Water Quality Treatment Volume & MTD Worksheet
Uniform Stormwater Standard 2: Channel Protection Volume Worksheet
LIST OF ATTACHMENTS
Attachment 1 - Minimum Isolation Distances
Attachment 2 - Stormwater Best Management Practices Operations and Maintenance Agreement
Attachment 3 - Chemical Inventory and Storage Form
Attachment 4 - Stormwater Treatment Inspection Reports
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1.0 INTRODUCTION
This document provides Performance Standards (Standards) for groundwater protection within Wellhead
Protection Areas (Capture Zones) and for stormwater quality management throughout the Charter
Township of Cooper, Michigan (Township). The objective of this document is to define technical
standards for groundwater and surface water (stormwater) protection during site development and
redevelopment activities throughout the Township. The Standards are designed to be consistent with the
objectives of the Wellhead Protection Ordinance and maintain compliance with the Township’s
Stormwater Quality Management Criteria. This document has been prepared with the assistance of the
City of Kalamazoo as the Kalamazoo Water System provides service to the Township. Users of this
document will see some documents that reference the City of Kalamazoo. The Township is using these
documents for convenience; and all requirements in these performance standards shall apply.
The intent/purpose of the Wellhead Protection Ordinance (WH-O) is to protect the groundwater supplies
that serve as drinking water by defining noncompatible land uses within Capture Zones and to prevent
their creation or establishment, including those t hat would prevent/limit the City of Kalamazoo’s ability to
obtain necessary well permits to replace or add new potable water production, and to minimize the risk to
drinking water sources by requiring compliance with the Standards established in this document.
These Standards may be applied at all sites within the Township but were developed primarily for use
during Site Plan Review and/or building plan review. These Standards supplement the Township’s
Wellhead Protection Ordinance. For the purpose of these Standards regarding Wellhead Protection, the
Township’s Capture Zones have been divided into two three groundwater contamination risk areas based
on groundwater’s Time-of-Travel to a municipal wellfield:
• 1-Year Capture Zone = Area located within a 1-Year Capture Zone to a municipal wellfield.
• 5-Year Capture Zone = Area located within a 5-Year Capture Zone, but outside the 1-Year
Capture Zone, to a municipal wellfield; and
• 10-Year Capture Zone = Area located within a 10-Year, but outside” the 1-Year and 5-Year,
Capture Zones to a municipal wellfield.
To determine if a site is located in a Capture Zone area, refer to Figure 1 Wellhead Protection Overlay
Map, and/or the City of Kalamazoo online Geographic Information System (GIS)
(https://www.kalamazoocity.org/maps) under the Wellhead Capture Zones Layer.
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In certain cases, more stringent standards have been developed for sites located closer to municipal
wellheads. Consequently, proposed development of sites within the 1 -Year Capture Zones is expected to
implement greater controls than that within the 5 or 10-Year Capture Zones.
This document includes a variety of Best Management Practices (BMPs) related to groundwater and
surface water protection. These BMPs were derived from a variety of sources, some of which are
provided in this document. The BMPs used in this document are considered commonly accepted
practices associated with groundwater and/or surface water protection. These BMPs were derived from a
variety of sources, including "Low Impact Dev elopment Manual for Michigan - A Design Guide for
Implementers and Reviewers" (SEMCOG, 2008), and "Michigan Nonpoint Source Best Management
Practices Manual” (EGLE, 2017), and various state and federal rules, regulations, manuals, and guidance
documents.
Maps showing the Capture Zones are maintained by the Township and are available for viewing at the
Charter Township of Cooper, 1590 West D Ave., Kalamazoo MI, 49009. Figure 1: Wellhead Protection
Overlay (2022) is the official map reference of the WH-O and includes the 1-Year, 5-Year and 10-Year
Time-of-Travel Capture Zones and the 2,000-foot State of Michigan Well Permit Isolation Boundaries from
existing wells.
The Standards are divided into sections, which follow this Section 1.0 Introduction.
Section 2.0 “Groundwater Contamination Risk Assessment” discusses what risk category to
groundwater (i.e., high or low risk) the Zoning Districts and various land uses are designated. Also,
supporting rationale for the designations are provided.
Section 3.0 “General Plan and Construction Standards" details standard practices expected of any
site, including those sites in possession of regulated substances (defined in the WH-O Ordinance).
Section 4.0 “Land-Use Specific Site Plan Review Standards” includes more specific standards for
several high-risk land uses that are prohibited in one or all of the Capture Zones.
Section 5.0 “Stormwater Management Requirements” establishes technical standards that apply both
inside and outside the Capture Zones for stormwater management. These s tandards are intended to
address groundwater vulnerability and land-use risks prevent or minimize pollutant loadings to surface
water to ensure compliance with the Township’s Stormwater Quality Management Criteria; and minimize
potential adverse impacts to general surface water quality from stormwater runoff.
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Section 6.0 “Treatment and Spill Containment” provides guidance regarding BMPs that can meet
treatment requirements for stormwater quality, and specific requirements, for spill containment cells and
volumes, water quality swales, and proprietary systems.
Section 7.0 “NonConforming Land Uses” specifically addresses sites within the Capture Zones with
existing non-conforming land uses pursuant to the WH-O Ordinance, including the requirement for the
implementation of BMPs and/or Spill Contingency Plans (SCPs) at those sites.
Section 8.0 “Potentially Applicable Environmental Regulations” discusses the requirement of
developers to comply with all local, state, and federal regulations.
Section 9.0 “Contaminated Properties” addresses contaminated sites and special considerations and
requirements for these sites.
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2.0 GROUNDWATER CONTAMINATION RISK ASSESSMENT
A groundwater contamination risk assessment is required for all sites within Capture Zon es. The
assessment shall include a review of land uses allowed by the zoning ordinance and the proposed land
use(s) with respect to the presumed risk to groundwater. The final risk designation shall be used to
determine what land use Standards must be applied to protect groundwater as a condition of plan
approval.
Land-use zoning districts are designated as either high-risk or low-risk for potential groundwater
contamination, as shown in Table 1. Generally, high-risk designations were assigned to zoning districts
that allow land use activities that are either prohibited or restricted within Capture Zones due to the
potential for storage and/or use of regulated substances. Table 1 list these zoning districts that typically
allow activities involving the storage and/or use of regulated substances.
Table 1: Zoning Groundwater Risk Designations
High-Risk Zoning Districts
Commercial (C) Districts
▪ Cooper Business (CBD)
▪ Local (C-1)
▪ General (C-2)
▪ Shopping Center (C-3)
Industrial (I) Districts
▪ Residential (I-1)
▪ Manufacturing and Service (I-2)
▪ Heavy (I-3)
Low-Risk Zoning Districts
Residential (R) Districts
▪ Rural Residential (R-1)
▪ Single Family (R-2)
▪ Single and Two Family (R-3)
▪ Medium Density Multi-Family (R-4)
▪ High Density Multi-Family (R-5)
▪ Mobile Home Park (R-6)
Agricultural (A) Districts
▪ Agricultural (A)
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Environmental
▪ Open Space Preservation Development (OSPD)
▪ Recreation (RD)
Table 2 provides a list of high-risk land-use activities that pose potential threats to groundwater. These
land-use activities are considered high-risk regardless of zoning designation. Other high-risk land-use
activities are identified in the EGLE document “Minimum Isolation Distances (From Contamination
Sources and Buildings), Part 127, Act 368, P.A. 1978 And Act 399, P.A. 1976" (Attachment 1). This
document specifies required well isolation distances considered for the issuance of Type I well permits.
Attachment 1 shall also be used when determining if a proposed land-use is allowed and what Standards
to apply to protect groundwater as a condition of plan approval. To determine if a site is located in an
Isolation area, refer to the City of Kalamazoo online GIS (https://www.kalamazoocity.org/maps) under the
Wellhead Capture Zones Layer.
Table 2: High-Risk Land-Use Activities that Pose Potential Threats to Groundwater
Commercial Manufacturing
Analytical and clinical laboratories Chemical, paint, and plastics manufacturing
Animal feedlots Metal manufacturing, machining, or plating)
Auto washes Mining operations/injection wells
Boat builders/refinishers Pharmaceutical Manufacturers
Automotive rental, sales, and service Pulp and paper industry
Establishments with fleets of trucks and cars Other manufacturing (textiles, marihuana, etc.)
Gas stations Transportation Motor vehicle repair/service shops
Impoundment lots Airport maintenance/fueling areas
Concrete/asphalt/coal/tar companies Governmental agencies with truck and car fleets
Drum recycling and cleaning Salt piles/sand-salt piles
Dry cleaners and laundries Trucking/bus terminals
Equipment repair Vehicle maintenance operations
Food processors/meat packers/slaughter Utilities Fuel oil distributors/stores
Furniture manufacturing, stripping, or refinishing Electric power generation substations
Funeral Homes
Pesticide application services/stores/retailers Waste Management and Recycling Petroleum bulk storage/refineries/pipelines
Photographic development Landfills/dumps
Truck or rail tanker cleaning Transfer Stations
Wood preserving and treatment Junk, scrap, recycling and salvage yards
Groundwater Risk Designation Examples:
A site with both high risk zoning and high risk land use shall be considered High-Risk
A site that has low risk zoning and high risk land use shall be considered High-Risk
A site with high risk zoning and a low risk land use shall be considered Moderate-Risk
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A site that has low risk zoning and low risk land use shall be considered Low-Risk
Disclaimer: There may be other influencing factors to consider.
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3.0 GENERAL PLAN AND CONSTRUCTION STANDARDS
The minimum requirements for all plans reviewed for stormwater and source water protection compliance
are provided below, in addition to some requirements for environmental review/approval. This list is NOT
intended to be inclusive of the requirements for all sites and associated plans. The Township may have
additional requirements. Specific requirements for stormwater storage (detention/retention), treatment,
chemical containment, etc.; and definitions for specific words, acronyms, etc. used below are provided in
subsequent sections of this document.
• Stormwater Calculations (unless directed otherwise) using the Stormwater Calculations
Worksheet (Attached and available at:____________).
• Existing infrastructure that will be used/reused shall be cleaned and inspected, and notes shall be
provided on the plans to do so (pipes, structures, catch-basins, drywells/leaching basins,
Manufactured Treatment Devices (MTDs), detention systems, retention systems, containment
systems, etc.).
• Environmental Reports such as: Phase I Environmental Site Assessment (ESA), Phase II ESA,
Baseline Environmental Assessment (BEA), Vapor Intrusion Assessment, etc., where available or
as required.
• Soil boring logs and environmental sampling results for proposed infiltration areas, where
required.
• Chemical Storage Inventory (CSI) Form, Safety Data Sheets (SDSs), and other forms, as
required.
• Identification of regulated substance storage, use, loading/unloading or other areas; and
associated chemical containment strategy(s).
• Spill Contingency Plan (SCP) or other relevant emergency response/environmental contingency
plan(s) for all existing and proposed sites that possess regulated substances at or above 55
gallons aggregate for liquids, or 440 pounds dry weight for dry substances.
• For sites where stormwater infrastructure will be added, provide engineered and scaled plans of
proposed stormwater collection, treatment, and discharge strategy(s), including but not limited to:
o Proposed grades
▪ Runoff shall NOT be discharged onto streets or sidewalks; or onto other properties
(without a drainage agreement).
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▪ Runoff from paved or other generally impervious areas shall be collected at intervals not
obstructing the flow of vehicular or pedestrian traffic and shall not create standing water
or cause unnecessary erosion of soil or other material.
o Invert and rim elevations for all proposed and existing stormwater infrastructure
o Details for MTDs, structures, detention/retention systems, etc.
o Detention/retention systems shall drain completely between runoff events.
o Containment systems and detention systems that do not infiltrate shall have a minimum 60
mil thick liner constructed of a material(s) that is chemically compatible with onsite materials
(existing contamination, regulated substances, etc.). This does not apply to systems
constructed of sealed tanks/vessels or solid walled pipes.
o Proposed storm sewer pipes shall be sized for a minimum 10-year 24-hour design storm.
o A note shall be on the plans indicating that all areas disturbed within the ROW (streets,
sidewalks, etc.) shall be restored in-kind, to existing or better conditions.
o Proposed site improvements site improvements shall maintain minimum 10-foot lateral
clearance and 18-inch vertical clearance from existing storm sewer, public sanitary sewer
system and municipal water infrastructure, unless otherwise approved.
• For sites where new roofs, eaves, gutters, and/or downspouts are proposed, storage shall be
provided, where feasible; and runoff shall NOT be directed toward streets, sidewalks, or adjoining
properties (without a drainage agreement between Landowners).
• All sites shall comply with all relevant Township Ordinances associated with stormwater, wellhead
protection, regulated substances, site plan, etc.
• Required forms, where applicable (Attachment 2):
o Stormwater Calculations Worksheet
o Uniform Stormwater Standard 1: Water Quality Treatment Volume and MTD Worksheet
o Uniform Stormwater Standard 2: Channel Protection Volume Worksheet
3.1 CONSTRUCTION ACTIVITIES
An appropriate material and equipment maintenance and storage area should be identified on the site
plan. If construction equipment is to be temporarily stored in an open area:
• The storage site shall not be located within the drip line of trees.
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• The storage site shall not be within 100 feet of a watercourse, wetland, or storm sewer inlet,
unless approved by the Township. Runoff should be diverted away from watercourses and
wetlands.
• The construction site should be designed and operated to prevent excess solids from being
discharged into wetlands and surface waters.
• Secondary containment is required for regulated substances stored in containers larger than
typical household quantities during site construction activities. These substances include, but are
not limited to, fuels, oils, and lubricants. All regulated substances must be stored in a manner that
diminishes the possibility of a release to the environment (soils, surface water and groundwater).
3.1.1 Soil Erosion And Sedimentation Control
The Contractor shall comply with the Michigan Part 91 Soil Erosion and Sedimentation Control permit
pursuant to the Natural Resources and Environmental Protection Act (NREPA), Public Act 451 of 1994,
as amended. Proper provision for water disposal and prot ection of soil surfaces is required during and
after construction in order to promote the safety, public health, and general welfare of the Township, as
well as to limit the exposed area of any disturbed land for the shortest possible period of time.
3.1.2 Dewatering
Dewatering is the temporary withdrawal and subsequent discharge of groundwater from a cons truction
site to the extent necessary to associated with a construction project requiring the need to maintain below
grade excavation(s) free from surface or subsurface infiltration of groundwater and/or surface water.
• If dewatering is necessary, a dewatering plan shall be submitted to and approved by the
Township Engineer and approved by the following depending on the discharge strategy (surface
water, storm sewer, public sanitary sewer system or county drain). Surface Water Discharge -
Wellhead Protection Administrator for water quality review and Township’s Stormwater Engineer
for quantity/capacity review and Michigan Department of Environment, Great L akes, and Energy
(EGLE) approval is required and a copy of the approval/permit shall be provided). Storm Sewer
Discharge – Wellhead Protection Administrator for water quality review and the Township’s
Stormwater Engineer for quantity/capacity review (EGLE permitting may also be required).
• Sanitary Sewer Discharge - Wellhead Protection Administrator for water quality and for
quantity/capacity review. Any proposed discharge to the public sanitary sewer system must be
approved by the Wastewater Superintendent or designee.
• County Drain – Written permission shall be obtained from the Kalamazoo County Drain
Commissioner.
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The plan will include items such as a map detailing dewatering activities, the proposed dewatering
pumping rate, proposed period of dewatering activity, discharge entry point, discharge outfall location,
dewatering contingency plan, emergency contact information, dewatering fluid analytical results with
DEGLE Criteria (e.g., hydrocarbons, metals, volatile organic compounds, etc.), identification of known
contaminated sites and any associated plumes within a radius of 1,000 feet of the dewatering points,
dewatering sampling plan (frequency of sampling, parameters to be analyzed, etc.). At a minimum, Total
Suspended Solids (TSS) concentrations shall be less than 80 mg/L and routinely monitored as an
indicator of effective sediment control and reported daily to the Township’s approving personnel or
designee. Other requirements may be applicable, dependent upon site conditions and characteristics.
Sediment basins, filters, or other BMPs may be required to filter the dewatered fluids prior to being
discharged to a surface water, storm sewer, or sanitary sewer. Dewatering shall be performed so that the
velocity of the discharged water does not cause scouring of the receiving area. If the receiving area is a
structural BMP (i.e., basin or sump), the design of the BMP shall be based on the anticipated dewatering
flow rate. Sediment-laden water from cofferdams, trenches, and other areas that need to be dewatered
shall be pumped through a geotextile material before the water is discharged. If the dewatered water is
discharged through a filter to a county drain, permission shall be obtained from the drain commissioner.
The dewatering site shall be inspected, and its condition documented at least twice daily to ensure the
dewatering system is operating in accordance with the approved plan, and the pumping procedure is
adequately controlling the excess water and that any filtering/sediment-reducing BMP is functioning
properly (e.g., not clogged). If any deficiency is identified, immediate action must be taken to correct the
deficiency(s) and regain compliance with the approved plan. If a BMP is not functioning properly,
appropriate maintenance procedures for the specific BMP(s) shall be performed immediately and/or the
BMPs replaced as appropriate.
3.1.3 Fill Material
Use of fill material containing regulated substances at concentrations greater than state and/or federal
cleanup criteria (all media) is prohibited within the Capture Zones and may only be used at sites outside
Capture Zones in accordance with state and federal rules and regulations. Throughout the Capture Zones
where fill is required, fill that originates from a clean source is required (i.e., not contaminated with
regulated substances). The fill source shall be from a non-industrial area and NOT from sites of known or
suspected contamination, including, but not limited to: industrial and/or commercial sites where
hazardous materials were used, handled, or stored; unpaved parking areas where petroleum
hydrocarbons could have been spilled or leaked into the soil: EGLE Part 201 facilities, EGLE Part 213
sites, Resource Conservation and Recovery Act (RCRA) sites or Comprehensive Environmental
Response, Compensation and Liability Act (CERCLA/Superfund) sites. If the source is from an
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agricultural area, care shall be taken to ensure the fill does not contain pesticides or agricultural waste
byproducts such as manure. Alternatives to using fill from construction sites, include the use of fill material
obtained from a commercial supplier of fill material or from soil pits in rural or suburban areas. However,
care shall be taken to ensure that these materials are also uncontaminated. For further information
regarding the relocation of contaminated soil refer to Section 324.20120c. Relocation of contaminated
soil, of the NREPA Act 451 of 1994.
3.1.4 Contaminated Sites
Site plans must take into consideration the location and extent of any contaminated soils and/or
groundwater on the site and the need to protect human health and the environment. For this purpose,
environmental documentation of the site’s environmental condition shall be required (Phase I ESA, Phase
II ESA, Baseline Environmental Assessment (BEA), Vapor Intrusion Assessment, or other pertinent
information available), unless otherwise approved. A depiction of the location and extent of contamination
shall be submitted on or with the site plan. See Section 9.0 for discussion regarding contaminated
properties.
Any site used to temporarily store contaminated soils (such as during removal of an Underground Storage
Tank (UST)) must do so in a designated area indicated on the site plan. This area shall be located
indoors whenever possible, but may be located outdoors provided that the soils/material are
containerized in Michigan Department of Transportation (MDOT)-approved drums, or covered with tarp or
plastic sheeting and placed on a paved/impermeable surface containment (curb, dike, or berm) to prevent
stormwater run-on and runoff.
In most situations, due care obligations apply even if the owner/operator is not responsible for the site’s
contamination. Addition details of the due care obligations are provided in Section 9.1. As part of the due
care obligations, vapor intrusion mitigation may need to be employed at contaminated sites due to
potential health risks associated with inhaling contaminants. Mitigation is typically required when
contaminants are present in soil and/or groundwater at concentrations greater than EGLE Vapor Intrusion
Screening Levels. These sites (and potentially other contaminated sites for which sampling data does not
exist) require vapor intrusion assessments and mitigation (if warranted) prior to plan approval. This is
consistent with public health, safety, and welfare, as required by the Site Plan Review Ordinance.
3.1.5 Parking Areas
All parking areas shall be designed and constructed with a minimum 1% cross slope to prevent ponding
and shall NOT allow for sheet flow or discharge of stormwater toward streets, sidewalks, or adjoining
properties. Parking areas within the 1-Year Capture Zone that are designed to accommodate 20 or more
vehicles or exceed 6,000 square feet shall be paved with concrete, asphalt, or an equivalent smooth,
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impervious surface with a minimum of a 1% cross slope to prevent ponding of water. These areas shall
be served by an appropriate and approved stormwater treatment system as described in Section 5.0.
Large parking areas shall be designed and constructed such that all runoff is directed to an approved
onsite stormwater collection and treatment system. Large parking areas intended for limited or short-term
use (i.e., churches or similar), with limited potential for contamination, may be granted exceptions or
modifications where other controls or solutions will be incorporated. Parking areas that will be
reconstructed shall be designed and constructed to meet the minimum requirements provided herein.
Section 5.0 provides additional requirements for parking areas.
3.1.6 Floor Drains and Dry Wells / Leaching Basins
General purpose floor drains must be connected to a public sanitary sewer system or an onsite holding
tank (not a storm sewer or a septic system) in accordance with local, state and federal rules and
regulations. General purpose floor drains that discharge to groundwater or a stormwater collection system
are not permitted.
Dry wells (leaching basins) are a type of drainage structure used for the underground disposal/infiltration
of stormwater runoff. Dry wells are prohibited within 1-Year Capture Zones and within 200 feet of a Type I
Public Water Supply well. The use of dry wells is restricted within 5-Year and 10-Year Capture Zones
(see Section 5.0). Where allowed, dry wells shall only receive stormwater runoff that has been pretreated
or untreated runoff that has a low likeliness of being contaminated, including: non-industrial roof runoff,
sidewalk runoff, greenspace runoff, and/or runoff from parking areas that are not considered large parking
areas. Dry wells may only be located in areas that receive clean water discharges and are required to be
managed in accordance with Section 5 “Stormwater Quality Management Criteria”. Dry wells may also
require a groundwater discharge permit from the EGLE. The site plan must show the existing and
proposed location of any dry well.
3.1.7 Wells
All existing, proposed, and abandoned wells, including potable water wells and monitoring wells, shall be
indicated on the site plan.
The WH-O Ordinance prohibits within any Capture Zone:
• Installation of a private water well for the purpose of drinking water or irrigation if public water
service is reasonably available, as determined by the Township, the Kalamazoo County Health
and Community Services Department, and the Environmental Health Division.
• Use of a private well, if said well is likely to cause an adverse impact to the public water supply.
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• Installation or use of a water well not installed for the purpose of drinking water or irrigation,
unless it is determined by the Township that the well owner (or representative) has scientifically
demonstrated that the well will not cause an adverse impact to the public water supply.
• Drilling for natural gas or petroleum, whether for exploration, production, or otherwise.
• Presence of an abandoned well, which is defined as any well that has either been discontinued
for more than one year, is in such disrepair that its continued use for obtaining groundwater is
impractical, has been left uncompleted, is a threat to groundwater resources, or is a health or
safety hazard. A well shall not be considered abandoned if it has been properly plugged pursuant
to the Groundwater Quality Control Act, Part 127, 1978 PA 368. When a well is plugged, formal
well abandonment logs must be completed and provided to the Township, except in cases where
wells were abandoned in the past and no well abandonment logs are available.
3.1.8 Well Isolation Distance Requirements
Per the WH-O Ordinance, “Within a Capture Zone, no person shall cause or allow uses or activities that
would violate the terms and conditions set forth in the document ‘Minimum Well Isolation Distances (From
Contamination Sources and Buildings), Part 127, Act 368, P.A. 1978 and Act 399, P.A.1976’, as
amended.” This document is presented as Attachment 1. These land use restrictions directly relate to the
City of Kalamazoo’s ability to replace or add new wells to its Public Water Supply System, and are permit
criteria used by the EGLE.
3.1.9 Septic Systems
The construction or replacement of any privy, privy vault, septic tank, cesspool, or other facility intended
or used for the disposal of domestic or non-domestic wastewater is prohibited within the Capture Zones
(where public sanitary sewer is available). For sites where public sanitary sewer is not available, all septic
systems shall comply with Kalamazoo County sewage disposal system requirements, including the
acquisition of necessary permits. Flow restrictors and low-flow faucets for sinks and spray nozzles shall
be installed to minimize hydraulic loading to subsurface disposal systems. Floor drains shall not be
connected to septic systems. The locations of existing and proposed septic tanks and drain fields shall be
indicated on the site plan.
3.1.10 Cooling Water
Closed-loop cooling systems should be considered to eliminate cooling water discharges within Capture
Zones. Alternatively, non-contact cooling water may be discharged to a storm sewer, sanitary sewer, or
surface water provided all local, state, and federal discharge requirements are met. Discharge of cooling
water to site soils/groundwater is not permitted without Township approval.
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3.1.11 Road Salt Storage and Use
All salt and associated sand mix piles must be stored on an impermeable surface and covered with a
waterproof material. Inside the 1-Year Capture Zone, salt shall be stored in indoor sheds surrounded by
impervious paving. Stockpiles shall not be located near surface waters, in flood plains, or areas with
steep slopes, and shall be designed to prevent surface water run-on and runoff. Snow containing road
salt shall not be brought to sites inside 1-Year Capture Zones for disposal. Alternative deicing chemicals
include calcium chloride, magnesium chloride, calcium magnesium acetate (CMA), and products that are
mixtures of chlorides and organic compounds. Environmentally friendly snow and ice remov al products
and procedures are encouraged.
3.1.12 Sump Pumps
Sump pumps may only be connected to and/or discharge to the Townships or City of Kalamazoo’s
sanitary sewer system(s) if approved by the Township and the Public Services Director, and the
discharge shall only occur if consistent with City codes and ordinances.
Sump pumps shall NOT discharge directly or indirectly to sidewalks, roads, sewers, surface water (lakes,
rivers, streams, wetlands, ditches, etc.) without Township approval and shall only be allowed if in
compliance with local codes, ordinances and policies, and state and federal rules and regulations.
3.2 REGULATED SUBSTANCES AND PROCESS ACTIVITIES
The WH-O Ordinance defines “Regulated Substances” as:
• Substances for which there is a material safety data sheet (SDS), as established by the United
States Occupational Safety and Health Adm inistration, and the SDS cites possible health hazards
for said substance;
• Hazardous waste as defined by the Solid Waste Disposal Act, as amended by the Resource
Conservation and Recovery Act of 1976, as amended;
• Hazardous substances as defined by the Co mprehensive Environmental Response,
Compensation and Recovery Act (CERCLA);
• Radiological materials; and
• Biohazards.
Regulated Substances shall not include:
• Substances in an amount equal or less than 2,200 pounds that are in an area capable of fully
containing a total release of said substance or an area that would drain the substance to a
wastewater treatment system capable of treating the released substance(s) (excluding septic
tanks);
• Substances in a parked or stopped vehicle in transit, provided the vehicle is stopped or parked for
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less than 72 hours;
• Substances, such as gasoline or oil, in operable motor vehicles or boats so long as used solely
for the operation of the vehicle, but not the tanker portion of a tank truck;
• Pressurized gases in a chemical storage tank such as chlorine, propane, hydrogen, and nitrogen;
• Refrigerants contained within equipment and used for onsite air cooling or in household
appliances;
• Substances contained within electrical utility transformers/switches; or
• Substances used in construction for which all necessary permits have been obtained, and in
accordance with the "Performance Standards."
See WH-O Ordinance for further information.
3.2.1 Regulated Substance Use Areas
The possession of regulated substances, including fuel in quantities that exceed 55 gallons aggregate for
liquid materials or 440 pounds aggregate for dry weights, unless prepackaged and intended for retail sale
or for commercial or household use (such as salt used in water softeners, fertilizers, pesticides,
herbicides) is prohibited in the 1-Year Capture Zones and are only allowed in the 5 and 10-Year Capture
Zones if engineering controls are designed and implemented consistent with the BMPs contained herein,
the Township’s Fire Code, and applicable State of Michigan and federal laws and regulations. Where
otherwise permitted (outside Capture Zones), sites where regulated substances are stored, used, or
generated shall be designed to prevent spills and discharges of such materials to the environment (i.e.,
soil, groundwater, surface water, and stormwater). The storage or presence of a regulated substance in a
manner in which the substance could reasonably be released to the environment is prohibited. A Spill
Contingency Plan (SCP) is required for all sites within the Capture Zones that possess regulated
substances in any quantity. Additionally, a Chemical Storage Inventory Form (Attachment 2) and an SCP
is required for all sites located outside of capture zones that possess regulated substances in quantities
greater than 55 gallons aggregate for liquid materials or 440 pounds aggregate for dry weights. Refer to
Attachment 5 for an example SCP.
Floor surfaces in regulated substance work areas, storage areas, and transfer areas shall be impervious
to the types of materials that may be used or generated at the facility. The floor shall be pitched to an
appropriate floor drain that is connected to sanitary sewer, a sump, or a holding tank; and entrances shall
be designed to prevent stormwater runoff from entering the building and spills from leaving the building.
Curbing, sills, and internal floor berms shall be used to isolate spill-prone areas, where necessary.
Whenever possible, activities involving regulated substances shall be conducted indoors. If not feasible,
activities that could result in a release shall be segregated from other activities and conducted on an
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impervious surface. The surface shall be graded to minimize run-on of stormwater and runoff of spills, and
shall be adequately designed to prevent spilled regulated substances from escaping the area. Drains in
these areas shall be connected to a holding tank or the sanitary sewer, with Township approval and
appropriate pretreatment. The area shall be covered, wh ere possible. If potentially polluting activities
cannot be covered and discharge to the sanitary sewer is proposed, discharge of low-volume, high-
frequency storms to the sanitary sewer shall be considered.
Whenever possible, sites shall select non-hazardous or less-hazardous chemicals, especially for
processes such as degreasing, cleaning, and plating that have historically used toxic materials. In
addition, when possible, materials such as oils should be standardized throughout a site to reduce the
quantity of leftover material and mixed waste. Practices that minimize waste generation are encouraged.
3.2.2 Spill Response Equipment
Sites intending to use, store, transfer or generate regulated substances in quantities meeting or
exceeding 55 gallons for liquids or 440 pounds for dry weight are required to have emergency spill
response equipment and must indicate on the site plan the location(s). Spill response equipment shall be
located throughout the site so that spills may be contained. The specific type(s) of spill response
equipment shall be compatible with and appropriate for the types of regulated substances stored onsite,
other engineering controls present, the potential threat to site soils/groundwater/stormwater/surface
water, and the site location. A Spill Contingency Plan (SCP) is required for these sites. Refer to
Attachment 5 for an SCP Template.
3.2.3 Loading / Unloading Areas
Loading/unloading areas used to transfer regulated substances should be indicated on the site plan. The
areas should be paved with concrete or another material sufficiently impervious to the materials loaded
and unloaded in that area. Loading/unloading docks must be isolated from storm drains and dry wells to
prevent potential spills from contaminating stormwater or discharging to groundwater. If floor drains
and/or dry wells already exist, inlets must be appropriately protected during loading/unloading operations
to prevent pollutants from entering the storm sewer or infiltrating within pervious surfaces.
Loading/unloading operations shall prevent pollutants from entering the storm sewer or infiltrating within
pervious surfaces. Loading/unloading areas shall be covered or enclosed and be designed to reduce
stormwater run-on. If the loading/unloading area is uncovered (due to infeasibilities), grading and/or
berms shall direct runoff to a dead-end sump or another appropriate collection device. Where appropriate,
a post indicator valve (PIV) shall be installed. The PIV shall be left open to drain precipitation, except
during loading/unloading. If tanker trucks are used for regulated substance loading or unloading, full
containment of the loading/unloading area shall be provided.
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Spill response equipment shall be provided in all regulated substance loading/unloading areas. The
location(s) of loading/unloading areas and associated spill response equipment shall be depicted on the
site plan in the SCP.
3.3 REGULATED SUBSTANCE STORAGE UNITS
A regulated substance storage unit is considered to be any underground storage tank (UST), above
ground storage tank (AST), drum, carboy, or other container used for the storage of one or more
regulated substance(s) including silo, bag, tank wagon, box, glass, bottle, cylinder, total bin, truck body,
rail car, tanker, or tool crib when used for permanent or temporary storage of regulated substances. The
following standards apply to regulated substance storage units. All current and proposed regulated
substance storage units/areas shall be indicated on the site plan with stored contents, stored volumes
and secondary containment strategy(s).
3.3.1 General Provisions
Regulated substance storage units containing greater than 55 gallons for liquids or 440 pounds for solids
(dry weight) are prohibited within the 1-Year Capture Zones. Within the 5-year and 10-Year Capture
Zones, and outside the Capture Zones, regulated substance storage units containing greater than 55
gallons for liquids or 440 pounds for solids shall be indicated on the site plan and are allowed if the
following standards are applied.
• Unless other sufficient measures have been implemented at the site, these regulated substance
storage units shall be completely contained, isolated from floor and storm drains, have sealed
surfaces, comply with fire safety regulations, and shall not be accessible to unauthorized
personnel. Whenever possible, regulated substance storage units shall be consolidated into one
location for better control of material and waste inventory. All storage units shall be properly
labeled as to contents and periodically inspected for evidence of leaks, improper storage, or
potential hazards that may result in a release of regulated substances being stored in or
transferred into or out of the storage unit. All doors, valves, or other openings through which a
release could occur must be locked or otherwise secured when not in use.
• Regulated substances shall be stored inside, whenever feasible. If it is not feasible, it is required
that outside storage areas be covered (preferably with a roof) and/or designed to prevent release
to the environment. A curb, or berm, and/or grading shall be provided. A curb or berm may be
required along the perimeter of outdoor storage areas to prevent the run-on of uncontaminated
stormwater from adjacent areas, as well as runoff of stormwater from the storage area. The area
inside the curb shall slope to a drain, then to a holding tank or sanitary sewer (if approved) with a
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positive control such as a lock, valve, or plug. See Section 3.3.2 for secondary containment
requirements.
• Regulated substances stored outdoors shall be in product-tight containers that are protected from
weather, leakage, accidental damage, and vandalism. Sites storing regulated substances
outdoors must implement security measures that are appropriate for the material stored and the
nature of the site. Measures to be implemented, as appropriate, include:
• Development and implementation of an SCP, Spill Prevention Control and Countermeasure
Plan (SPCC), and/or Stormwater Pollution Prevention Plan (SWPPP), where appropriate and
as required by state and federal rules and regulations.
• Fencing the regulated substance storage unit or the entire site and locking or guarding
entrance gates when the storage unit/facility is not in production or is unattended.
• Ensuring that valves permitting direct outward flow of a container’s contents have adequate
security measures, so they remain in the closed position when in non-operating or standby
status.
• Preventing unauthorized access to starter controls of pumps.
• Providing facility lighting that will assist in the discovery of releases during hours of darkness
and prevention of discharges occurring through acts of vandalism.
• Surveillance cameras and/or audible remote leak detection may be required at some sites.
The storage and handling of flammable liquids, liquefied petroleum, gases, and explosives shall comply
with the state rules and regulations as established by Public Act No. 207 of 1941, as amended.
3.3.2 Secondary Containment for Regulated Substances (other than fuel)
Secondary containment shall be provided for all regulated substance storage units. Secondary-
containment facilities shall be designed and constructed such that potential polluting material cannot
escape from the unit by gravity through sewers, drains, or other means directly or indirectly into a sewer
or stormwater collection system or to the waters of the state, including groundwater. Secondary
containment shall include protective measures, such as double walls, dikes, vaults, impervious liners,
impervious surfaces, etc. The secondary containment system (including associated pipes, structures,
surfaces, etc.) shall be constructed of materials that are compatible with the stored material(s) and shall
be impervious to the stored material(s).
Exterior secondary containment provided by dikes shall be constructed of poured concrete or a
pre-manufactured containment tub. Concrete-block containment is prohibited in outdoor areas because it
can easily crack and does not weather well. Exterior secondary-containment areas shall be capable of
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containing 110% of the largest vessel in containment, whichever is larger, plus freeboard to contain
precipitation from a 25-Year 24-hour storm. Alternatively, the vessel may be a double-walled tank with
interstitial monitoring (see Section 3.3.3). Containment must be higher than the 100-year flood level.
When possible and as appropriate, exterior storage of regulated substances and their containment
structures shall be covered to protect the containers from exposure to precipitation. If not possible, the
surface shall be sloped to a collection point or sump and/or curbing shall be provided to allow for
controlled removal of accumulated stormwater or spilled regulated substances. If the containment area is
penetrated by a drainage or conveyance pipe, the opening shall be sealed on both sides to ensure a
liquid-tight seal. Drainage pipes shall have a lockable valve that shall be kept closed and locked under
normal conditions. The valve shall only be opened when the determination is made by an EGLE Certified
Stormwater Operator that the discharge of stormwater is acceptable (this may require a Stormwater
Permit with Required Monitoring). Discharge of contaminated stormwater from a secondary-containment
structure to soils, surface water, or the stormwater collection system is prohibited.
Secondary containment for indoor ASTs may be provided by the building, as long as discharge from the
AST cannot escape the building via floor drains, entrances, or any other means, and no specific
containment is required by other regulations. Although not permitted for outdoor containment structures,
concrete-block containment may be used indoors with Township approval.
3.3.3 ASTs
All ASTs shall be certified, installed, operated, maintained, closed, or removed in accordance with local,
state and federal regulations, including: EGLE and Michigan Department of Licensing and Regulatory
Affairs (LARA) rules and regulations and local fire codes and ordinances. All ASTs must be indicated
on the site plan, including volume, contents, and containment strategy(s). A copy of any required
local or state AST registration document shall be provided to the Township.
No ASTs should be located in direct contact with site soils. The tank shall have sufficient ground
clearance for visual inspection of the bottom of the AST for deterioration, unless the size of the AST
prevents raising the tank, as required, or if the AST is a concrete-vaulted tank. Any AST subject to vehicle
impact must be protected against impact with physical barriers. Objects used as physical barriers shall be
depicted on the site plan.
The following minimum requirements apply to all ASTs:
• ASTs containing regulated substances shall have secondary containment that complies with all
local, state and federal rules and regulations. If a double-walled AST is selected, primary tank
leak detection with an audible alarm shall be provided (interstitial monitoring).
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• Tank piping shall be located within secondary containment and/or double walled.
• Piping shall be designed such that liquid will not continue to flow by gravity or siphoning from the
storage tank if the piping or fittings break. Fuel filling ports shall have secondary containment
beneath the fill area to prevent a release from reaching the pervious ground surface or storm
drain/inlet.
• Tanks shall be equipped with a shut-off valve, preferably an automatic shear valve, with the shut-
off located inside the tank.
• For flood control, all exterior ASTs shall have a monitoring system and secondary standpipe
above the 100-year flood-control level for monitoring and recovery.
• Fill-pipe inlets shall be above the elevation of the top of the storage tank.
• ASTs shall have overfill protection, such as a visual liquid-level-indicator gauge or alarms.
3.3.4 USTs
USTs are prohibited within the 1-Year Capture Zones, if 55 gallons aggregate for liquid material or
440 pounds aggregate for dry weights are exceeded and shall not be used in the 5-Year and 10-Year
Capture Zones unless the use of ASTs is impractical. USTs must conform to local, state and federal rules
and regulations, including but not limited to: EPA, EGLE, LARA and local fire code and ordinance
requirements.
If new tanks are to be installed, a copy of all registration documents shall be provided to the Township. If
existing USTs are to be closed, all EGLE closure procedures must be followed, and a copy of the closure
documents shall be submitted to the Township. All current and proposed USTs shall be indicated on
the site plan, including volume, contents, and containment strategy(s).
For fueling establishments where storage, handling, or use of fuels exceed 55 gallons aggregate refer to
Section 4.1 Fuel Establishments.
3.3.5 Holding Tanks
Holding tanks shall adhere to the Standards listed for ASTs and USTs, including secondary containment,
unless otherwise approved by the Township.
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3.3.6 Trucks, Trailers, Tankers, Rail Cars, and Tool Cribs
The possession of regulated substances for more than 72-hours in trucks, trailers, tanker trucks, rail cars,
tool cribs, or similar vehicles is prohibited in 1-Year Capture Zones where the quantity of regulated
substance(s) exceeds 55 gallons aggregate for liquid materials or 440 pounds aggregate for dry weights,
unless allowed pursuant to the WH-O Ordinance.
In the 5-Year and 10-Year Capture Zones, the possession of a regulated substance stored in trucks,
trailers, tanker trucks, rail cars, tool cribs, or similar vehicles for more than 72-hours is prohibited, unless
secondary containment is provided that is sufficient to contain the entire contents of the largest distinct
compartment of the container. Appropriate security measures shall be implemented, such as those
detailed in Section 3.3.1.
3.3.7 Generators
Standby generators shall be powered by natural gas or propane fuel, unless technically infeasible for the
site and/or application. If a generator must be powered by a regulated substance, such as diesel fuel,
storage of the regulated substance shall be consistent with the Standards provided herein and all local,
state and federal codes, ordinances, rules and regulations, including but not limited to:
• Storage of regulated substances within 1-Year Capture Zones in excess of 55 gallons is
prohibited. If a lesser volume of fuel is proposed and allowed within a 1-Year Capture Zone,
containment shall be provided, and an SCP shall be prepared and maintained.
• ASTs and USTs used for fuel storage shall be double walled with interstitial monitoring and leak
detection alarm(s).
• Generator and associated equipment shall be placed on an impervious surface with curbing
and/or grading that is sufficient to contain incidental fuel spills associated with filling and
maintenance operations.
• For all sites with proposed and/or existing generators and associated equipment that contains
regulated substances in excess of 55 gallons, an SCP shall be prepared, maintained and
submitted to the Township for review and approval.
3.4 WASTE
3.4.1 Solid Waste
Solid-waste dumpsters must have lids and be stored on a paved surface, unless otherwise approved by
the Township. All dumpsters shall be indicated on the site plan.
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3.4.2 Scrap Metal
Dumpsters and drums containing scrap metal that may contain residual chemicals or oils shall be stored
on an impervious surface in an enclosed area or covered with an impervious liner to prevent
accumulation of stormwater. Where stormwater may otherwise accumulate in the scrap metal collection
units, drain plugs shall be left in place to prevent discharge onto the ground, and collection units shall be
located on an impervious surface with a separate collection catch basin containing an oil/grit separator
that discharges to the municipal sanitary sewer (with prior approval and pretreatment) or a holding tank.
3.4.3 Hazardous Wastes
If site activities involve generating, transporting, storing, recycling, or treating hazardous waste, this shall
be indicated on the Chemical Storage Inventory Form (Attachment 3), along with the site’s waste
generator status (e.g., small-quantity generator). Existing and proposed hazardous waste accumulation
areas shall be depicted on the plans. Hazardous waste management techniques shall comply with all
applicable local, state, and federal requirements.
Work areas and all hazardous waste storage areas shall be located within a containment area with floors
appropriately sealed with a suitable impermeable material and no direct access outside the facility.
3.4.4 Liquid Waste Ponds
Open liquid-waste ponds are not permitted in Capture Zones without Township approval. Any such ponds
must be engineered to be protective of the environment, particularly groundwater, and shall comply with
all applicable state and federal rules and regulations.
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4.0 LAND USE SPECIFIC SITE PLAN REVIEW STANDARDS
This section highlights specific standards for certain land-use types identified in the Ordinance, or herein,
as being prohibited in specific Capture Zones or requiring site-specific review. All land uses should
incorporate the general standards detailed in Section 3.0. Other use-specific standards not contained
herein may be required and subsequently adopted.
4.1 FUELING ESTABLISHMENTS
Fueling establishments where storage, handling, or use of fuels exceed 55 gallons aggregate including,
but not limited to, gasoline, diesel, kerosene, and jet fuel are prohibited in the 1-Year Capture Zones.
ASTs and USTs are prohibited in the 5 and 10-Year Capture Zones, unless such tanks meet the
minimum requirements provided herein.
The fuel dispensing area shall be paved with concrete or an equivalent smooth impervious surface
(not asphalt) with a suggested 1 to 4% slope to prevent ponding of stormwater. The fuel dispensing area
must be covered to at least one foot beyond the maximum reach of the hose and nozzle assembly. The
cover/canopy shall not drain onto the fuel dispensing area. The covered fuel dispensing area shall be
separated from the rest of the site by a grade break that prevents run-on of stormwater and runoff of fuel
to the maximum extent practicable. Drains at the site shall be labeled to indicate whether they flow
directly to the sanitary sewer or storm sewer or if they flow through an oil/water separator. All stormwater
shall be managed in accordance with the Standards presented herein.
All fuel dispensing nozzles shall have automatic shut-off mechanisms to help prevent overfilling. Spill
response equipment shall be stored in the fuel dispensing area. The proposed location of this equipment
shall be indicated on the plan.
ASTs and USTs at fueling areas shall be in compliance with local, state, and federal regulations and
comply with the Standards detailed this document. In addition, when fueling is not the primary land use,
fueling should be conducted at a location equipped to handle fuel and spills properly. If equipment/vehicle
fueling is conducted onsite, fueling should be conducted in properly designed, designated areas, as
indicated on the plan.
The Standards detailed in this section also apply to existing, nonconforming fueling establishments
within Capture Zones
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4.2 VEHICLE WASHING
Commercial vehicle washes (car washes, truck washes, etc.) shall be covered by a roof, have an
impervious surface, and be bermed or curbed to prevent stormwater run-on and wash water runoff. The
wash area shall be sloped for wash water collection, which may be discharged to a wash water recycling
system, directly to the sanitary sewer (with approval and appropriate pretreatment), or to a holding tank
(from which the material may be pumped to the sanitary sewer or to an offsit e treatment facility). Because
wastewaters from vehicle washing represent significant flows that can hydraulically overload an oil/grit
separator, any such treatment device must be sufficiently sized to accept these volumes.
The cleaning of semi-trailer and tanker truck interiors may be approved in Capture Zones, if the following
standards are met:
• The interior of the semi-trailer should be swept, and all debris should be collected and properly
disposed.
• Dry cleaning methods should be used whenever possible. If rinsing the inside of the trailer is
necessary, cleaning shall be conducted over an impervious surface. Wash water shall not be
discharged to the storm sewer or the ground. With approval and appropriate pretreatment, rinse
water may be disposed to the sanitary sewer.
• Wash water from the interior of tanker trucks or rail tankers shall be pumped directly into
containers for appropriate offsite disposal or, with approval and appropriate pretreatment, must
be pumped directly to a sanitary sewer drain. Rail tankers shall not be cleaned in 1-Year Capture
Zones, unless the wash water can be completely contained and appropriately disposed.
4.3 PRESSURE WASHING/STEAM CLEANING
Pressure washing and steam cleaning activities may be permitted within covered, completely contained
areas, particularly where these methods replace cleaning/degreasing operations that would otherwise use
solvents. Pressure washing and steam cleaning may be conducted on a sealed impervious surface that is
completely contained and graded toward a drain that discharges either to the sanitary sewer (with
approval and appropriate pretreatment) or a holding tank (not into the storm sewer or directly to site soils
or groundwater). Alternatively, steam cleaning or pressure washing facilities may have zero-discharge
recycling systems equipped with oil/water separators or other treatment devices.
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EGLE has prepared a Guidance Document on Mobile Power Washing. This document contains further
details regarding BMPs for these systems. The guidance document can be obtained at:
https://www.michigan.gov/egle/0,9429,7-135-70153_69695-47978--,00.html
4.4 AGRICULTURE AND BULK MIXING OF FERTILIZERS AND
PESTICIDES
Only the application of agricultural chemicals, fertilizers, mineral acids, organic sulfur compounds, etc., as
used in routine agricultural operations and applied under the “Generally Accepted Agricultural
Management Practices” (GAAMPs) and consistent with label directions approved by the EPA or the
Michigan Department of Agriculture & Rural Development are allowed.
Lawn, garden, pesticide, and agricultural services with onsite bulk mixing or blending of fertilizers,
pesticides, and other industry-related chemicals for commercial application are prohibited in the
1-Year Capture Zones when onsite quantities of these chemicals exceed 55 gallons aggregate for liquid
materials or 440 pounds aggregate for dry weights.
The following standards apply to all facilities conducting bulk mixing of fertilizers, pesticides, and related
materials within Capture Zones, including existing nonconforming sites in the 1-Year Capture Zones:
• Storage areas shall be designed to protect these chemicals from release to the environment,
possible theft, unauthorized use by untrained personnel, and temperature extremes. Outdoor
storage areas shall be located within a permanently fenced area and shall have a permanent roof
to prevent precipitation and sunlight from entering the storage area. All storage areas shall have
an impervious surface and secondary containment. Floor drains shall not be located in storage
areas without Township approval.
• Pesticides, fertilizers, and similar chemicals shall be stored separately to minimize the possibility
of cross-contamination in case of fire or other disaster. Smaller facilities may choose to construct
a containment area with multiple storage compartments for pesticides and fertilizers.
• Mixing areas for pesticides should be located indoors or mixing shall be done at the application
site. Onsite mixing and loading areas shall have spill-containment. For liquids, this shall be
curbed, bermed, or sloped to contain spillage and drain into an impermeable liquid-tight
containment structure. For nonliquid materials, this area shall be constructed to prevent water
from flowing into the containment area.
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• Facility piping from bulk storage tanks shall be installed aboveground to facilitate inspection
for leaks.
• Truck rinse/cleaning areas shall be conducted within a containment area. The floor must be
sealed with a suitable impermeable material. Washing areas shall drain into a watertight
containment structure.
4.5 DRY CLEANING FACILITIES
Dry cleaning facilities are prohibited in the 1-Year Capture Zones where possession or control of a
regulated substance exceeds 55 gallons aggregate for liquid materials or 440 pounds aggregate for dry
weights. The following standards apply to all dry cleaning facilities within the Capture Zones, including
existing non-conforming sites in the 1-Year Capture Zones:
• Documentation of compliance with EGLE dry cleaning regulations shall be provided to the
Township upon request.
• The dry cleaning area shall be isolated from other site operations.
• Dry cleaners shall provide secondary containment for dry cleaning chemicals and machines
containing dry cleaning chemicals. The containment area shall be impermeable and capable of
holding 110% of the largest possible spill and shall prevent the spill from reaching the sanitary
sewer, storm drains, surface water, groundwater or soil.
The following BMPs shall be implemented whenever possible:
• Traditional dry cleaning solvents shall be replaced with petroleum solvents with a specific gravity
less than 1.0. These solvents present a lower fire hazard and are less mobile if released to the
environment.
• Dry-to-dry machines are preferred to transfer machines because of the elimination of the need to
transfer solvent-laden garments from a washer unit to a dryer unit, which reduces solvent vapor
loss.
• A hamper enclosure or a room enclosure of impermeable construction shall be installed to reduce
solvent release during transfer. Distillation equipment designed to allow still bottoms to be
removed without opening the still is preferred.
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4.6 FURNITURE STRIPPING OR REFINISHING
The use of a site for furniture stripping or refinishing is prohibited in a 1-Year Capture Zone, if the site
possesses a regulated substance exceeding 55 gallons aggregate for liquid materials and 440 pounds
aggregate for solids. If the use is allowed as consistent with the WH-O Ordinance, all applicable
standards contained in this document shall be met.
4.7 SCRAP AND SALVAGE OPERATIONS
Scrap and salvage operations including, but not limited to, those related to auto, appliance, and machine
parts are prohibited in Capture Zones.
The following Standards apply to all scrap and salvage operations, including existing non-conforming
sites in the Capture Zones:
• The site shall be designed to consolidate, contain, and collect differing sources of hazardous
substances into manageable point sources. For efficiency, and to prevent contamination of areas
not specifically designed for certain activities, the site shall be segregated into specific areas
especially equipped for receiving, holding, dismantling, cleaning, inventory, parts storage, core
storage, fuel storage, special waste storage, crushing, sales, shipping, receiving, and the office
(as applicable to the proposed use). There shall be a logical relationship between these areas so
that salvaged materials flow smoothly from area to area and eventually offsite.
• The receiving area shall be designed for temporary storage prior to any dismantling or transfer to
a longer-term storage area. This area shall have an impervious surface and be able to sufficiently
contain damaged, leaking items. Fluid-containing items, including vehicles, shall be inspected for
leaks or unwanted contents at the time of receiving.
• Any fluid removal from salvaged items shall be conducted, as soon as possible after receiving the
item, and shall be performed in an area equipped to drain fluids into appropriate collection
containers. Any dismantling of fluid-containing items shall be conducted in an area equipped to
drain fluids into appropriate collection containers. The area shall be able to fully contain spills
from these containers and the work area.
• Steam cleaning of parts shall be conducted only when absolutely necessary and only in an area
capable of fully containing associated wastewater for appropriate disposal.
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• The site shall have an established secure area to store certain components of vehicles and other
materials that pose special hazards, such as mercury switches, air-bags containing sodium azide
propellants, lead-acid batteries, tires, and oily rags. The site shall be able to accommodate
storage of various fluids, which, depending on items received and processed, could include
gasoline, diesel fuel, motor oil, transmission oil, power steering fluid, brake fluid, hydraulic fluid,
differential fluid, antifreeze, windshield washer fluid, refrigerants, battery acid, cleaning solvents,
and contaminated water. Waste fluid storage areas and containers shall conform to the
Standards established in Section 3.4.
• Once all fluids have been drained and there is no possibility of regulated substances being
released to the environment, salvaged items may be stored in a long-term storage area until the
item is sold or otherwise disposed.
• Scrap vehicles or other units brought into a commercial junk yard shall have all fluids removed in
accordance with current local, state, and federal regulations before onsite crushing. The crushing
area shall be adequately contained to capture any residual fluids.
• Certain parts that can be remanufactured or rebuilt have intrinsic value, unless seriously
damaged. These parts are removed and stored prior to being sold and will usually contain fluids
and lubricants. Such parts shall be stored on an impervious, contained surface.
• Concrete or asphalt surfaces at junk and salvage yards shall be properly designed to minimize
cracking as they age. These surfaces are required to be sealed with epoxy or another chemical
resistant material, as necessary.
4.8 MOTOR VEHICLE REPAIR/SERVICE SHOPS AND/OR BODY REPAIR
Motor vehicle repair/service shops and body repair shops are prohibited in the 1-Year Capture Zones
where the possession or control of a regulated substance exceeds 55 gallons aggregate for liquid
materials or 440 pounds aggregate for dry weights. See the WH-O Ordinance for relevant Use-Specific
Standards and other conditions of use.
The following Standards apply to all existing and proposed motor vehicle repair/service shops and/or
body repair shops:
• Vehicle repair and service shall be performed indoors, and appropriate containment shall be
provided.
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• Floor drains in service bays and vehicle washing areas shall either be connected to a holding
tank with a gravity discharge pipe, to a sump that pumps to a holding tank, or to an appropriately
designed oil/grit separator that discharges to a public sanitary sewer system. Also refer to Section
3.1.6.
• Vehicle washing shall be conducted at a commercial car wash, especially when cars only need to
be washed occasionally. Onsite vehicle washing shall be performed in accordance with these
Standards (see Section 4.2).
• Service bay floors and service pits shall be constructed of concrete and sealed with an
impervious material to facilitate clean-up without using solvents.
• Areas where vehicles are stored or repaired shall have provisions for containment of vehicle
leaks and shall be paved with an impervious material.
• Parts cleaning and degreasing shall be isolated from other operations, located within a
containment area with no direct access outside the facility, and the floor shall be sealed with a
suitable impermeable.
• Auto body painting shall be done in a separate, secure area with no floor drains.
4.9 PLATING AND ANODIZING
Metal plating, polishing, etching, engraving, anodizing, and similar processes are prohibited in the 1-Year
Capture Zones where the possession or control of a regulated substance exceeds 55 gallons aggregate
for liquid materials or 440 pounds aggregate for dry weights.
The following Standards apply to all existing and proposed plating, polishing, etching, engraving,
anodizing, and similar facilities, and the existing non-conforming sites in the 1-Year Capture Zones:
• Facilities shall minimize or eliminate the use of particularly hazardous plating chemicals (Section
3.2).
• Plating operations and regulated substance storage and use shall be performed consistent with
these Standards, impervious surfaces and containment shall be provided (Section 3.3).
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• All plating operations and storage of regulated substances shall be performed indoors.
4.10 TRUCKING AND BUS TERMINALS
Trucking and bus terminals are prohibited in the 1-Year Capture Zones where the possession or control
of a regulated substance exceeds 55 gallons aggregate for liquid materials or 440 pounds aggregate for
dry weights.
The following standards apply to all existing and proposed trucking and bus terminals, including existing
non-conforming sites in the 1-Year Capture Zones:
• All parking at terminals shall occur on an impermeable surface, except where otherwise approved
by the Township. In Capture Zones, grading to a containment area (holding tank, curbing, etc.)
may be required. Large parking areas shall meet the requirements of the Standards presented in
this document (Section 5.0).
• If fueling takes place at the terminal, all requirements in Section 3 and Section 4.2 shall be
followed.
• Vehicle maintenance shall be conducted indoors in a contained area or offsite (Section 4.8
applies).
• If onsite cleaning of trucks or buses is proposed to be conducted, full containment of wash water
is required (Sections 4.2 applies).
• Onsite painting of trucks/buses is not permitted without Township approval (Sections 4.8 applies).
• Regulated substances loading/unloading area shall meet the requirements of Section 3.2.3.
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5.0 STORMWATER MANAGEMENT REQUIREMENTS
The primary objectives of stormwater management in the Township are to:
1) Achieve predevelopment conditions with respect to stormwater runoff rates and volumes in an
effort to reduce and control surcharging;
2) Maintain or increase the quality of surface water and groundwater resources;
3) Provide source water protection within Capture Zones; and,
The quality and sustainability of the Township’s drinking water resources can depend to some extent
on the management of stormwater runoff.
4) Conform to the State of Michigan’s compliance requirements for MS4 communities’ performance
standards, regardless of if the Township has a Stormwater NPDES permit including:
a. Minimum Treatment Volume Standard
b. Channel Protection
c. Operation and Maintenance of Water Quality Treatment
The following general strategies for minimizing stormwater volume and improving stormwater quality shall
be evaluated for all sites, where appropriate:
• Accommodate stormwater that complements the natural drainage patterns maintains the integrity
of stream channels for both their drainage and biological functions, and protects wetlands.
• Reduce or maintain impervious surface area.
• Prevent erosion and sedimentation.
• Provide naturalized stormwater treatment for parking lot runoff using bioretention basins, rain
gardens, filter strips, and/or other BMPs that can be integrated into landscaped areas and traffic
islands, where allowed and appropriate.
• Direct rooftop runoff to pervious areas such as yards, open areas, or vegetated areas (e.g., rain
gardens), thus avoiding rooftop runoff to the roadway and stormwater collection system.
• Use native vegetation, where practical, to reduce the need for chemical applications and to
enhance plant root absorption of infiltrated stormwater. Nonvegetative stormwater treatment
structures will be incorporated if naturalized treatment systems are not practical or consistent with
the Standards.
• Maintain or increase onsite storage of stormwater and subsequently groundwater recharge by
allowing non-polluted stormwater infiltration in designated areas.
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5.1 UNIFORM STORMWATER STANDARDS
The Standards apply to the site size as described below. A summary of the Site Size Applicability to
Stormwater Standards is provided below as Table 3.
Project Site Size - For the purposes of these Standards, a site:
• < ½ acre (21,780 square feet) is considered a “small site”.
• ≥ ½ acre (21,780 square feet) up to 1 acre is a “medium site”.
• > 1 acre is considered a "large site"; and,
• Parking lot(s) with a cumulative total of ≥ 20 parking places and/or exceeding 6,000 square-foot
area is considered a “large parking area.”
Stormwater Runoff Calculations and Associated Information
For all projects/sites, pre- and post-development stormwater runoff calculations shall be determined using
the Site Discharge Calculator form available at the following website and the completed form shall be
submitted with the site plan.: At the Township’s discretion this requirement may be waived for the
following types of projects/sites, but only when no impacts to stormwater runoff are anticipated: cell tower
antenna and equipment mounting/replacement, interior renovations, and sites ≤ 0.25 acres in area.
STANDARD 1: A water quality treatment runoff volume of 1-inch generated from the entire site
that contributes to runoff is required for medium sized sites, large sites, and those with large
parking areas. The Stormwater Calculations Worksheet calculates this volume in cubic feet by,
multiplying the site area (square feet) by 1/12 feet (0.083).
For the purpose of selecting the appropriate size of a stormwater Manufactured Treatment Device or
other acceptable BMP, the Water Quality Treatment Flow Rate (Q) shall be calculated using the
Stormwater Calculations Worksheet which uses the Rational Method Equation: Q = CIA, where
Q = Discharge rate in cubic feet per second (cfs)
C = Runoff coefficient depending on the characteristics of the drainage area
I = Rainfall intensity in inches/hour
A = Drainage area in acres
The runoff coefficient (C) shall be the weighted average that is based on the percentage of different
surface types shown on the Stormwater Calculations Worksheet.
The rainfall intensity (I) shall be equal to a 1-year 30-minute storm (1.65 inches/hour) which approximates
the 90% annual non-exceedance storm of 1-inch.,
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The drainage area (A) means the entire upstream land area which drains to and from that location.
In addition:
• The BMP shall be designed to treat 100% of the flow without bypass at the calculated water
quality treatment flow rate; and,
• The BMP shall have the capacity to retain floatables and sediment without loss.
Small sites do not require a water quality treatment volume unless water quality discharge is a concern
due to land use characteristics that pose a high risk to water quality. Township-approved catch basin
inserts may only be used on small sites as a water quality treatment BMP and when hydrodynamic
separators and other BMPs are not physically practical due to site characteristics, such as depth to
groundwater, hydraulics, etc.
To meet the objective of Standard 1, the BMP selected to treat the water quality volume shall be designed
on a site-specific basis to achieve a minimum of 80% removal of Total Suspended Solids (TSS), as
compared with uncontrolled runoff, or a discharge concentration of T SS that does not exceed 80 mg/L.
Many BMPs are sufficient individually to achieve the required removal of TSS. Compliance can also be
achieved through use of a system of BMPs that cumulatively, reach the 80% reduction factor. If MTDs are
selected as BMPs, they shall be NJCAT verified and NJDEP certified (or better) to satisfy the Water
Quality Treatment Volume Standard, unless otherwise approved by the Township. The model/size of the
certified unit shall be selected on the basis to effectively pre-treat stormwater at the calculated water
quality flow rate. The NJDEP 50% Certified TSS Removal Rate approximates 80% net TSS reduction for
the Kalamazoo region.
The effective removal of TSS and implementation of other stormwater control strategies by other
proposed BMPs will be estimated by reference sources such as: “Low Impact Development Manual for
Michigan," SEMCOG, 2008; "Non-Point Source Best Management Practices Manual,” EGLE, 2017;
and/or other Township acceptable industry standard technical manuals used for estimating stormwater
pollutant load reductions by BMPs. The Uniform Stormwater Standard 1: Water Quality Treatment
Volume and MTD Worksheet shall be prepared and submitted to demonstrate compliance with this
Standard.
STANDARD 2: A Channel Protection Performance Standard is required to maintain the post-
development project site runoff volume and peak flow rate at or below pre-development levels for all
storms up to the 2-year 24-hour storm or 2.59 inches (whichever is greater), using current data from the
nearest NOAA weather station (Kalamazoo State Hosp – Site ID: 20-4244). This standard is required for
all sites ≥ 0.5 acre (medium and large sites). If the post-development runoff volume is equal to or less
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than the pre-development runoff volume, the channel protection performance standard is met. The intent
of the Channel Protection Performance Standard is to prevent excess sediment and channel instability
caused by the increased rate and volume of stormwater runoff that can result from development. Refer to
Section 5.3 for requirements.
STANDARD 3: Stormwater runoff shall be captured and retained/detained properly to protect
neighboring properties. The Township Engineer or designee will review each site plan for approval on a
case-by-case basis to determine if the proposed strategy meets industry standards and is appropriate for
the specific site. Specific requirements include: site grading the site such that stormwater is captured
onsite and not allowed to flow onto adjoining properties, into streets, across sidewalks, etc.; designing
detention and retention systems to drain completely between runoff events; and requiring additional
stormwater storage (detention/retention).
STANDARD 4: On large sites, a minimum 25-foot naturally vegetated buffer system shall be
incorporated along all perennial streams, wetlands, and other surface water features to protect water
quality, reduce erosion and sedimentation, reduce the potential for flooding, and enhance aesthetics and
wildlife habitat. On medium sites, a 20-foot buffer is required; on small sites, a 15-foot naturally vegetated
buffer is required.
STANDARD 5: All reasonable efforts shall be made to maintain and protect wetlands. If loss cannot be
avoided, wetland mitigation shall be accomplished on the same site and be approved by the Township
and EGLE. Mitigation shall adhere to the standards provided in the Wetland Mitigation Section under Part
303, Wetlands Protection, of the NREPA, 1994 PA 451, as amended - regardless of the size of the
wetland. The EGLE permit shall be submitted to the Township prior to plan approval.
STANDARD 6: All reasonable efforts shall be made to maintain and protect floodplains. If a loss cannot
be avoided, floodplain mitigation at a 1:1 ratio of new floodplain volume to former floodplain volume shall
be accomplished within the same stormwater system sub-drainage basin (the land area that drains to a
single outfall) and approved by the Township and EGLE. All proposed site work within floodplains shall be
approved by EGLE. Permits or other associated correspondence shall be provided to the Township prior
to plan approval.
STANDARD 7: In all areas, the maximum design flow rate or volume of stormwater discharged from
the site shall not impair or exceed the capacity of the downstream stormwater collection system,
open channel, watercourse, wetland, or overland flow path. Onsite detention/retention for up to a 100-
year 24-hour storm may be required (depending on site location).
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STANDARD 8: Within the Wellhead Protection Zones, a Stormwater Management Practices Operations
and Maintenance Agreement is required by and between the Township and the owner of the property that
has incorporated stormwater best management practices that include: manufactured treatment devices,
retention or detention basins/systems, subsurface infiltration beds, bioretention, vegetated swales, porous
pavement, etc.
All treatment and storage BMPs are required to be listed and shown on the Agreement (Attachment 2).
When a Landowner is making improvements to the Property that require approval un der the Township’s
Site Plan Review process, or is modifying the existing stormwater discharge system on the property that
either impacts the Township’s system or the retention of stormwater on the property, an Agreement is
required. As a result of those uses, improvements or modifications, the Landowner agrees: (i) to install
and maintain stormwater BMPs on the Property in accordance with approved plans and conditions; and
(ii) to ensure that the BMPs continue serving the intended function in perpetuity. The Landowner shall
annually submit a report to the Township regarding the inspection, operation, and maintenance for each
of the stormwater MTDs and other BMPs. The Landowner shall submit one or more of the Stormwater
Treatment Inspection Report forms provided in Attachment 4, or a comparable form for a site-specific
MTD or BMP.
Table 3: Site Size Applicability to Stormwater Standards
Site
Size
Standard
1
Standard
2
Standard
3
Standard
4
Standard
5
Standard
6
Standard
7
Standard
8
Small - - X 15 ft
Buffer X X X X
Medium X X X 20 ft
Buffer X X X X
Large X X X 25 ft
Buffer X X X X
**Small Site < 1/2 acre; Medium Site ≥ 1/2 acre up to 1 acre; Large Site > 1 acre
5.2 STORMWATER DISCHARGE STANDARDS
Stormwater discharge strategies shall be dependent on the sites location relative to Capture Zones,
previous and proposed land uses, site zoning designation(s), groundwater contamination risk
assessment, potential for onsite soil and/or groundwater contamination; potential impacts to the surface
water features; the zoning district (as defined in the Township’s Code of Ordinances), and all other
relevant physical characteristics of the site. Stormwater discharge strategies have been incorporated into
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the following Stormwater Discharge Standards that shall be used during site development and re-
development or as otherwise deemed necessary to maintain regulatory compliance with the Townships
permits or objectives of the EGLE-approved WHPP. The Standards apply to the areas as described
below. Table 4 summarizes the discharge strategy for different land-use risk designations. Refer to
Section 2 for land-use risk designations based on land use and zoning.
Standard A: Within the 1-Year Capture Zones, sites associated with high-risk land uses (Tables 1 and
2) and/or those exceeding 55 gallons aggregate for liquid materials or 440 pounds
aggregate for dry weights, shall discharge to surface water with pretreatment and a spill
containment volume (Section 6.0).
Standard B: Within 1-Year Capture Zones, sites with low-risk land uses, shall discharge to surface
water with pretreatment. Groundwater infiltration may be allowed if pretreatment is
provided, and the site is not contaminated. Large parking areas (refer to Standard E) and
regulated substance storage areas are required to have pretreatment and the required spill
containment volume (Section 6.0).
Standard C: Within the 5-Year and 10-Year Capture Zones, sites associated with high-risk land uses
(Tables 1 and 2), and/or those exceeding the 55 gallon/440 pound aggregate thresholds
for regulated substances, stormwater infiltration may be allowed with pretreatment and the
required spill containment volume, provided the site is not contaminated and adequate
containment is provide if regulated substances are stored or used onsite.
Standard D: In low-risk land use areas within 5 and 10-Year Capture Zones, infiltration is allowed with
pretreatment, provided the site is not contaminated and adequate containment is provided
if regulated substances are stored or used onsite.
Standard E: Parking areas designed to accommodate 20 or more vehicles or exceed 6,000 square feet
(large parking areas) shall be paved with concrete, asphalt, or an equivalent smooth
impervious surface with a minimum 1% cross slope to prevent ponding of water . These
parking areas shall be graded such that all runoff is directed to the collection system with
pretreatment, to minimizing the potential for pollutants to migrate offsite or into
groundwater.
Parking areas located outside Capture Zones with limited or short-term use (i.e., churches
or similar) that exhibit limited potential for release of regulated substances, may be granted
exceptions or modifications to the above requirements.
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The following applies to existing parking areas:
• If parking lot resurfacing (i.e. mill and fill) is proposed, the parking lot does not typically
need to be brought up to current standards unless major issues are identified during
plan review.
• If a portion of a parking lot will be reconstructed (full depth HMA/concrete removal),
that portion of the parking lot shall be constructed to current standards (treatment,
detention, grading, etc.).
• If the entire parking lot will be reconstructed, the entire parking lot shall be constructed
to current standards.
• When determining the required stormwater storage volume (detention/retention) for an
existing asphalt, concrete, or other parking lot refer to Section 5.3.
Standard F: Within 10-Year Capture Zones, stormwater infiltration is preferred with low-risk land uses.
Large parking areas require pretreatment
Standard G: In areas outside the Capture Zones, infiltration of stormwater is preferred to promote
groundwater recharge. All lots or parcels shall retain and infiltrate stormwater onsite,
unless the site is contaminated, limited to only surface water discharge due to
contamination or a shallow groundwater table, or drainage agreements between adjacent
property owners are obtained. Sites with high-risk land uses and/or exceeding the 55
gallons for liquids and 440 pounds for dry weights and those with large parking areas may
require pretreatment and/or spill containment. In lower-risk land use sites, pretreatment
may be required for certain large sites with larger parking areas. Table 4 summarizes the
discharge strategy in different land-use risk types.
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¹See Tables 1 and 2 for High-Risk Land Use designations. Sites with “Moderate Risk” shall be evaluated on a
case-by-case basis.
Regulated Substance Thresholds: 55 gallons aggregate for liquids and 440 pounds aggregate for dry weights.
²20 or more parking spaces or >6,000-square-foot paved area.
³See Section 6.0 for requirements.
4See Section 5.4 for Infiltration Requirements
5.3 DETENTION / RETENTION
Onsite storage (retention and/or detention) of stormwater is required at all sites consistent with Standards
Table 4: Stormwater Discharge Summary
Infiltration to Groundwater and MS4 Connection
Capture
Zone
Applicable
Standards
High-Risk Land Use¹ and/or
Above Quantity Thresholds¹ Low-Risk Land Use
1-Year
Capture
Zones
A, B, E ● No stormwater infiltration.
● Pretreatment with spill
containment volume³ is
required.
● Pretreatment is required for
stormwater infiltration4.
● Certain parking areas² and
regulated substance areas
require pretreatment with spill
containment volume³.
5-Year
Capture
Zones
C, D, E
● Pretreatment with spill
containment volume³ is
required for stormwater
infiltration³.
● Certain parking areas² and
regulated substance areas
require pretreatment with spill
containment volume³.
● Stormwater infiltration
allowed pending site-specific
evaluation4.
● Pretreatment is required for
stormwater infiltration.
● Certain parking areas² and
regulated substance areas
require pretreatment³ with
spill containment volume³.
10-Year
Capture
Zones
C, E, F ● Stormwater infiltration allowed
pending site-specific
evaluation4.
● Certain parking areas² and
regulated substance areas
require pretreatment with spill
containment volume³.
● Stormwater infiltration
preferred pending site-
specific evaluatio n4.
● Certain parking areas² and
all regulated substance
areas for large sites require
pretreatment.
Outside
Capture
Zones
E, G ● Stormwater infiltration preferred
pending site-specific
evaluation4.
● Certain parking areas² and
regulated substance areas for
large sites require pretreatment
and/or spill containment
volume³.
● Stormwater infiltration
preferred pending site-
specific evaluation4.
● Certain parking areas² for
large sites may require
pretreatment.
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3 and 7. All detention and retention systems shall be designed to fully drain between runoff events;
5.4 INFILTRATION
Infiltration of stormwater is preferred at all sites; but is dependent on previous and proposed land use(s),
zoning designation, site location relative to capture zones, and if the site is contaminated. Infiltration shall
be allowed at sites on a case-by-case basis following Township review of site-specific data. If infiltration is
proposed, the following shall be provided to the Township for review to determine if infiltration will be
allowed:
• For all sites:
o Soil borings shall be advanced in proposed infiltration areas at the proposed infiltration
depth(s) and soil boring logs shall be submitted to the Township for review;
o Site soil(s) shall be conducive to infiltration;
o Infiltration through potentially contaminated fill materials/soil or contaminated soil and/or
groundwater is NOT allowed, unless sampling data which indicates the soil and/or
groundwater is not contaminated is provided to the Township;
o Contaminated or potentially contaminated soils may be removed and properly disposed to
facilitate infiltration at a site, provided that groundwater beneath the site is not contaminated;
and,
o If available or the Township determines it relevant, environmental reports (Phase I ESA,
Phase II ESA, BEA, etc.) shall be provided to the Township for review.
• For all sites within Capture Zones (where infiltration is allowed, pending site review):
o If the Township deems it necessary, soil and/or groundwater samples shall be collected from
proposed infiltration areas (at the proposed infiltration depth(s)) and analyzed for any potential
chemicals of concern (typically volatile organic compounds (VOCs), polynuclear aromatics
compounds (PNAs) and Michigan 10 Metals) to ensure that the proposed infiltration will not
exacerbate existing onsite contamination.
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6.0 TREATMENT AND SPILL CONTAINMENT
Acceptable types of BMPs that can meet treatment, storage, and spill containment requirements for
stormwater quality can be found in the following documents: Low Impact Development Manual for
Michigan (SEMCOG, 2008) and the Michigan Nonpoint Source Best Management Practices Manual
(EGLE, 2017)), and other available reference materials and manuals. A Stormwater Operations and
Maintenance Agreement (Attachment 2) between the Township and the Landowner or designee is
required for all treatment and spill containment BMPs.
Maintenance responsibility shall be vested with the owner or authorized operator. At a minimum, a
maintenance plan shall include the following components:
• Annual inspection of all onsite treatment, storage and spill containment BMPs, including catch
basins, underdrains and outlets.
• Sediment shall be removed when it reaches a depth equal to 10% of the required
detention/retention/containment volume or 30% of the sump volume for catch basins and MTDs.
• Maintenance, repair or filter media replacement shall occur when the BMP is not functioning
properly (e.g., water not infiltrating, inadequate contaminant removal, plugged/broken piping,
etc.).
• If a pollutant spill occurs, spilled materials and all impacted surfaces and media shall be properly
cleaned, removed, disposed and/or replaced.
• Eroded and barren areas shall be re-vegetated as soon as possible. Trash and debris shall be
removed on a regular schedule.
The following table provides guidance on the types of BMPs that can meet treatment requirements for
stormwater quality.
Table 5: Stormwater Treatment Strategy
BMP Surface Water
Quality Volume Pretreatment Spill Containment
Volume
Sediment Sump X
Sediment Basin X
Sediment Forebay X
Vegetated Buffer Strip X
Proprietary Treatment
System
X X
Extended Detention X
Permanent Pool (pond) X
Infiltration BMP* X
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Stormwater Filter X
Water Quality Swale X X [a specialized filter]
Spill-Containment Cell X X [a specialized pond]
* bioretention/raingarden, infiltration trench, infiltration/retention basin
Spill Containment Volume
Stormwater spill containment may be required as an additional component of pretreatment to protect both
surface and groundwater pollutant spills/discharges. for certain high risk land uses and within certain
Capture Zones. Spill containment is required to protect both groundwater and surface water from
pollutant spills at:
• All sites within 1-Year Capture Zones with high-risk land Use(s), large parking areas, or regulated
substances;
• Certain sites within 5-Year and 10-Year Capture Zones with high-risk land use(s);
• Sites above regulated substance thresholds within all Capture Zones; and,
• Sites with high-risk land use(s) or above regulated substance thresholds, regardless of proximity
to Capture Zones, if deemed appropriate to safeguard environmentally sensitive areas, including
but not limited to surface water.
The minimum required Spill Containment Volume is equivalent to 30% of 0.5 inch of runoff per impervious
acre (30% of 1,815 cubic feet). The spill containment volume is given by the following equation:
V = Spill Containment Volume
V = 0.3 (1,815 ft3 per impervious ac.) = 544.5 ft3 per impervious ac. = 4,073 gallons per impervious ac.
A minimum spill containment volume of 400 gallons shall be provide d. The minimum volume is allowable
only on small sites without large parking areas. The minimum required spill containment volume for
existing developed sites shall be calculated using the proposed development/redevelopment area of the
site, unless the Township determines that greater containment volume is required.
In general, measures meeting spill containment standards must have an impermeable barrier between
the contained material and underlying soil/groundwater; have provisions for the capture of oil, grease, and
sediments; and meet the volume requirements. Spill containment may be provided by one or more of the
following BMPs:
• Spill-containment cell,
• Water quality swale
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• Proprietary stormwater treatment system.
• Interceptor tank (where allowed), or
• Other devices, as approved by the Township.
6.1 SPILL CONTAINMENT CELL
A spill-containment cell may be used to trap and localize incoming sediments and to capture slug
pollutant loads from accidental spills of regulated substances. A spill containment cell (Figure 2) shall
have the following characteristics, unless otherwise approved by the Township:
• The spill-containment cell shall be a wet basin with an impermeable bottom and sides to the
design high-water level.
• The minimum surface area shall be 25% of the required volume.
• The length-to-width ratio shall be a minimum of 3:1 and a maximum of 4:1 to allow for adequate
hydraulic length, yet minimize scour velocities.
• The minimum hydraulic length shall be equal to the length specified in the length-to-width ratio.
• The minimum diameter of the transfer pipe, between the spill containment cell and downstream
infrastructure, shall be 12 inches or sized for a highest intensity 10-year storm (minimum),
whichever is greater.
• The overflow structure from the spill containment cell shall be sized for the peak i nflow from a
highest intensity 10-year storm (minimum).
• The spill-containment cell shall have a minimum one-foot-deep sump below the inlet pipe for
sediment accumulation.
• The outlet pipe shall be designed to draw water from the central portion of the water column within
the cell, to trap floatables, and to contain sediment. The crown of the outlet pipe shall be located
vertically, a minimum of 1 foot below the normal water level and a minimum of 1.5 feet from the
bottom of the spill containment cell (minimum depth of the permanent pool is 2.5 feet if a snout
style outlet pipe is used).
• The bottom and sides shall be lined with a minimum 60 mil thick impermeable liner or minimum
18-inch-thick clay liner with maximum hydraulic conductivity less than or equal to 10-7 cm/sec.
• The liner material and all other construction materials shall be chemically compatible with
regulated substances that are stored, used, transferred or manufactured onsite.
6.2 WATER QUALITY SWALES
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Figure 3 depicts a dimensioned water quality swale. Water quality swales may be used for treatment
and/or spill containment. If used for spill containment, the water quality swale shall be designed to contain
the spill containment volume without release. If the water quality swale receives runoff from a high-risk
land use or zoning district, the owner/operator shall indicate in the site’s SCP actions to be taken to
contain the spill prior to it leaving the downstream manhole/catch basin.
The following is a summary of required characteristics of a water quality swale:
• A minimum 25-foot vegetated buffer is required between directly contributing impervious
surfaces and the water quality swale.
• The swale and outlet shall be sized for the highest intensity 10-year storm (minimum).
• Perforated underdrain pipe(s) shall be bedded in coarse aggregate (river rock or similar – MDOT
4A, 6A, etc.).
• Inlets shall have a riprap apron to dissipate the velocity of incoming stormwater runoff.
• The swale shall have a minimum bottom width of 2 feet.
• Side slopes shall be 3:1 (horizontal : vertical) or flatter.
• The sand filter shall be minimum 24 inches thick, and the sand filter media shall meet MDOT
Class II or III requirements for granular materials.
• Filter fabric shall be nonwoven geotextile.
• The bottom and sides of t he swale shall be lined with a minimum 60 mil thick impermeable liner
or minimum 18-inch-thick clay liner with maximum hydraulic conductivity less than or equal to 10-
7 cm/sec.
Maintenance responsibility shall be vested with the owner or authorized operator. At a minimum, a
maintenance plan shall include the following components:
• Sediment shall be removed when it reaches a depth equal to 50% of the water-quality depth. A
visual inspection shall be conducted at least once per year.
• The sand filter shall be replaced, if the swale fails to infiltrate.
• If a pollutant spill occurs, permeable soil shall be removed and disposed in accordance with
applicable regulations. Clean permeable fill shall replace it.
• Eroded and barren areas shall be re-vegetated as soon as possible. Trash and debris shall be
removed on a regular schedule. Outlets and underdrain outlets shall be inspected annually.
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6.3 STORMWATER MANUFACTURED TREATMENT DEVICES
Manufactured Treatment Devices (MTD) shall be identified on the plans and manufacturer’s
documentation shall be provided which verifies that the MTD will function as required. Acceptable
proprietary stormwater treatment systems shall be NJCAT verified and NJDEP certified, or better, and
shall be approved by the Township. Proprietary stormwater treatment systems can be used alone or in
combination with other BMPs to meet treatment and spill containment requirements.
Catch Basin / Inlet Inserts
Only small sites are allowed to use catch basin/inlet inserts that provide treatment through vertical
(gravity-based) flow only. These systems require a suitable treatment media (filter) for the subj ect
contaminants of concern at the subject site. Typically, these systems are used on small high-risk sites
(e.g., gasoline stations or large parking lots) where the larger devices are not practical. The inserts shall
be capable of treating the first 1-inch of rainfall (the first flush) and shall have the capacity to allow flows
from the highest intensity 10-year storm to pass without causing surface ponding.
Other Devices
Other devices may be approved for treatment and/or spill containment on a case -by-case basis, provided
they meet the minimum requirements presented in these Standards, including but not limited to, the
required minimum: TSS removal, treatment volume, spill containment volume, and/or flow rate(s). A
device with a snout style outlet designed to contain sediment, floatables, and substances with a specific
gravity less than 1.0 is an example of a device that may be approvable, provided the minimum
requirements are met for the application. Test results and/or detailed calculations for the proposed device
that demonstrate compliance with these Standards shall be provided.
45
7.0 NONCONFORMING LAND USES
A non-conforming use is defined as any existing use that, as of the effective date of the WH-O Ordinance,
would otherwise be prohibited within a designated Capture Zone.
7.1 CONFORMANCE WITH STANDARDS
Existing nonconformities will be allowed within a Capture Zone only if in accordance witha variance
issued by the Wellhead Protection Administrator. Non-conforming land uses pursuant to the WH-O
Ordinance shall meet the requirements of the Standards established in this document and/or shall
prepare a Township-approved Spill Contingency Plan within two years from the adoption date of the WH-
O Ordinance or one year from the date of contact from the Township regarding recognition of
nonconforming status, whichever is sooner. The Township reserves the right to approve/determine which
option(s) is to be implemented for the specific circumstance.
Proposed development/redevelopment at existing non-conforming sites shall at a minimum meet or
exceed the Standards presented herein, to bring the redeveloped p ortion of the site into compliance with
current Standards. The Township encourages all portions of the site to be brought into compliance during
redevelopment activities and may require deficiencies beyond proposed project boundaries (redeveloped
areas) to be brought into compliance prior to plan approval, depending on the severity of the deficiency(s)
and associated risk(s).
7.2 SPILL CONTINGENCY PLANNING
A Spill Contingency Plan or equivalent environmental contingency plan shall be prepared and provided to
the Township for all existing and proposed sites that generate store, use, transfer, or manufacturer
regulated substances in quantities exceeding 55 gallons aggregate for liquids materials or 440 pounds
aggregate for dry weight; and an SCP may be required if the proposed land use poses a direct or
potential significant adverse impact to a wellfield or surface water feature, such as a river, stream, pond,
lake, or wetland. SCPs or equivalent plans for the site may be submitted to the Wellhead Protection
Administrator for review and approval to meet these requirements.
7.2.1 Regulated Substance Inventory
The Township and Department of Public Safety shall collaborate in the collection of chemical storage
information for the purposes of the Wellhead Protection Program, Stormwater Management Program, and
the Fire Fighters Right-to-Know Program. For this purpose, a Chemical Inventory and Storage Form is
46
required to be completed and submitted for review prior to site plan approval. Refer to Attachment 3 for a
copy of the form.The completed document may be submitted to the Wellhead Protection Administrator.
It is recommended that a business keep an inventory that identifies all regulated substances stored at the
site in containers exceeding either 10 pounds for liquids or 100 pounds for solids. An inventory of all
regulated substances stored at the site shall be provided to the Township and maintained by the
Landowner or their designee. For each regulated substance, the inventory shall identify the type of
storage container, storage location(s), and typical and maximum storage quantities in each storage
location. The site shall maintain a file of current Safety Data Sheets (SDS) that includes the hazardous
components and percentage by weight of each regulated substance. This SDS file shall be readily
accessible in the event of an emergency.
Whenever possible, sites should select non-hazardous or less-hazardous chemicals. Materials used for
degreasing, cleaning, and plating that have historically been toxic should be standardized throughout a
site to reduce the quantity of leftover material and mixed waste. Practices that minimize waste generation
are encouraged.
7.2.2 Release Potential Analysis
The site shall develop a written analysis of the potential for a release of each regulated substance stored
at the site. This analysis shall consider the potential for release during transfer of the regulated substance
to and from the storage area, during storage of the regulated substance, and during use of the regulated
substance. In addition, the site shall evaluate the likely size of a release for each scenario, as well as the
likely destination of the release (e.g., to a floor drain, sump, storm drain, etc.). The information shall be
compiled in table form for ease of data compilation and use. An example table is found in Section 4.0 of
the SCP (Attachment 5).
7.2.3 Release Prevention Measures
Considering each potential release scenario identified as part of Section 7.2, the SCP shall identify
release prevention measures that will minimize the likelihood and/or reduce the impact of such a release.
These measures could include work practices, housekeeping practices, inspection practices , and/or
structural controls (e.g., secondary containment). Prevention measures shall be included in the SCP.
7.2.4 Release Response Procedures
The SCP shall identify procedures to be followed in the event of a release of a regulated substance.
Written procedures shall be established both for minor releases, which pose no danger to human health
or the environment and can be handled by trained employees in the immediate vicinity of the release; and
for significant releases that have one or more of the following characteristics:
47
• The spill cannot be contained safely by site personnel.
• The spilled material has entered site soils or a vegetated area.
• The spilled material has entered the site’s drain system, sanitary sewer, storm sewer, surface
water, etc.
In addition, the SCP shall include the following:
● Identification of responsibilities of various site personnel in the event of an emergency.
● Internal site emergency notification procedures (chain-of-command reporting).
● Emergency contact information, including, at a minimum:
○ Key site personnel/emergency coordinators, including at least one 24-hour emergency
contact.
○ At least one 24-hour emergency contact.
○ Local emergency response agencies (e.g., police department, fire department, ambulance).
○ Local, state, and federal environmental agencies, including the Township’s Wellhead
Protection Administrator EGLE, EPA, and National Response Center.
○ Local spill response contractor(s) able to respond to the site in the event of a significant spill.
● An inventory of onsite spill response equipment.
● Facility maps, evacuation routes, muster points, etc.
● Routine personnel safety and spill response training.
The SCP shall also include procedures for characterization and disposal of waste generated by a release.
7.2.5 Use of Other Emergency Response Plans
Many sites using or storing regulated substances are required under state and/or federal law to develop a
written spill response plan, such as a Pollution Incident Prevention Plan (PIPP), a Spill Prevention Control
and Countermeasure (SPCC) Plan, RCRA Contingency Plan and/or Stormwater Pollution Prevention
Plan (SWPPP). Provided that all of the elements described above are included in one or more existing
emergency response plans, the site may substitute the existi ng plan(s) for the SCP. If the existing plan(s)
address part, but not all, of the requirements, detailed in Sections 7.1 to 7.2.4, the site may prepare an
addendum to the existing plan(s) so that all requirements are met.
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8.0 POTENTIALLY APPLICABLE ENVIRONMENTAL REGULATIONS
Facility operators subject to regulation under the WH-O Ordinance and Performance Standards shall
comply fully with all existing applicable local, state, and federal, regulations in addition to any of the
requirements herein. These other requirements may include, but are not limited to, material storage, spill
prevention, recordkeeping, emergency response, transport, and disposal of hazardous substances,
hazardous wastes, liquid industrial waste, or other potentially polluting materials. No discharge to surface
water or groundwater, including direct and indirect discharges of waste, waste effluent, wastewater,
pollutants, or cooling water, shall be allowed without approval from local, county, state, and federal
agencies. The project and related improvements shall be designed to protect land and water resources
from pollution, including pollution of soils, groundwater, rivers, streams, lakes, ponds, and wetlands.
49
9.0 CONTAMINATED PROPERTIES
If the subject property contains soil and/or groundwater contamination, site-specific requirements may
apply. See the EGLE Post-Construction Storm Water Runoff Controls Program Compliance Assistance
Document (EGLE, 2014) for specifics regarding stormwater:
https://www.michigan.gov/documents/deq/wrd-storm-MS4-ComplianceAssistance_470350_7.pdf.
Contact the Kalamazoo District EGLE Office for answers to questions regarding all state environmental
regulations pertaining to contaminated sites:
7953 Adobe Road, Kalamazoo, MI 49009-5025
Phone: 269-567-3500
Fax: 269-567-9440
9.1 PART 201, ENVIRONMENTAL REMEDIATION (EXCERPT)
Part 201 of Michigan Act 451 regulates sites of environmental contamination in Michigan. Under Part 201,
a person who owns or operates a contaminated property is responsible for taking certain actions to
address the contamination if they have caused said contamination. EGLE’s Remediation and
Redevelopment Division (RRD) response activities for a Part 201 site are identified on their website:
https://www.michigan.gov/egle/0,9429,7-135-3311_4109_9846---,00.html. Additionally, Part 201 requires
persons who own or operate contaminated property to exercise “due care” with respect to the property’s
contamination to ensure that the contamination does not cause unacceptable exposures, and the
contamination is not exacerbated or worsened. These due care obligations ensure that a property is used
in a way that protects public health and safety and does not exacerbate the contamination. EGLE’s
Remediation and Redevelopment Division (RRD) response actions for a Part 201 site are identified on
their website: https://www.michigan.gov/egle/0,9429,7-135-3311_4109_59851---,00.html. In most
situations, due care obligations apply even if the owner/operator is not respon sible for the site’s
contamination. Due care obligations for owners and operators of contaminated properties include:
• Preventing exacerbation of the contamination by causing the contamination to migrate beyond
the boundaries of the property or increasing response costs at the property.
• Preventing human exposure to hazardous substances, if existing conditions at the property will
result in unacceptable exposure levels (e.g., direct contact or vapor intrusion/inhalation).
• Notifying the fire department of fire and explosion hazards, as well as mitigating these hazards.
50
• Taking reasonable precautions against the foreseeable actions of other people that could
exacerbate the contamination or cause them to be exposed to contamination.
• Reporting discarded or abandoned containers to the EGLE.
• Providing Notice of Offsite Migration of the contamination to downgradient property Landowners
and EGLE.
• Providing notice to utility holders at the property of the presence of the contamination.
• Preparing documentation of compliance with due care obligations, such as a Due Care Plan.
Part 201 also establishes liability protection for buyers of contaminated property who prepare and file a
Baseline Environmental Assessment (BEA) with EGLE. A BEA is an evaluation of environmental
conditions at the property at the time of purchase, occupancy, or foreclosure. BEAs include sufficient
information about the property so that a new release at the property can be distinguished from an old
release. A buyer is required to conduct a BEA prior to or within 45 days after becoming the owner or
operator of a contaminated facility. Information for conducting a BEA is provided at:
https://www.michigan.gov/egle/0,9429,7-135-3311_4109_4212---,00.html.
9.2 Part 213, ENVIRONMENTAL REMEDIATION (EXCERPT)
The discovery of a release from a UST triggers several critical reporting requirements. EGLE’s
Remediation and Redevelopment Division (RRD) response activities for a Part 213 site are identified on
their website: https://www.michigan.gov/egle/0,9429,7-135-3311_4109_4215---,00.html.
The owner/operator of the offending tank must:
• Notify the EGLE of the release within 24 hours. If you have accessed this site because there has
been an emergency release or spill and you are not sure where you need to report, immediately
call the Pollution Emergency Alerting System (PEAS) at 800-292-4706.
• Owners/operators are required to hire consultants that meet the qualifications in Section 21325 of
Part 213 to perform corrective actions, and to submit specific reports required by the statute in
accordance with the use of Risk-Based Corrective Action (RBCA).
• Submit an initial assessment report to the EGLE, within 90 days, which describes all initial
abatement steps taken at the site.
• Submit to the EGLE, a Final Assessment Report and Corrective Action Plan, which must describe
the extent of contamination and action that will be undertaken to remediate the site, including a
schedule for the remediation.
Initial Response Actions
51
After a release has been reported under the 24-hour notice requirement, the UST owner or operator must
"immediately and expeditiously" perform certain initial abatement activities. Specifically, UST
owner/operators are expressly required to:
• Identify and mitigate fire, explosion, and vapor hazards.
• Prevent further releases, including removal of product from the leaking UST system.
• Identify and recover light non-aqueous phase liquid (LNAPL) (i.e., gasoline or diesel fuel). If
LNAPL is first discovered after the initial 24-hour release report, the discovery of LNAPL must be
reported to the EGLE within 24 hours of its discovery.
• Excavate and either contain, treat, or dispose any visibly contaminated soil that is likely to cause
a fire hazard or spread or increase the cost of corrective action.
• Take any other action necessary to abate any immediate threat.
9.3 PUBLIC INFORMATION REPORTING – ILLICIT DISCHARGES OR
SPILL RELEASES
If hazardous substances, LNAPL or any other contamination is known or suspected to have migrated or
discharged to a City of Kalamazoo or Township-owned utility or corridor, or caused an illicit stormwater
discharge, the Township shall be immediately contacted to abate or remedy any potential public health
and safety risks including but not limited to, vapor inhalation, fire, explosion, direct contact, discharge to a
surface water body and/or impact to groundwater drinking water supplies.
• In an emergency, call 911 or contact the Public Safety (269) xxx-xxxx immediately.
• During regular business hours, reports from the public regarding contaminant spills, illicit
discharges and connections are typically made to the ______________ (269) xxx-xxxx.
• The Wellhead Protection Administrator can also be contacted at: ______________.
Additional EGLE Release Reporting information is available on their website at
https://www.michigan.gov/egle/-/media/Project/Websites/egle/Documents/Spill-Release-
Reporting/Release-Reporting-Requirements.pdf.
If hazardous substances, LNAPL or any other contamination is known or suspected to have migrated or
discharged to a to a surface water body (i.e., lake, river, creek or wetland) in a quantity equal to or greater
than its corresponding reportable quantity contact the following:
• Pollution Emergency Alerting System (PEAS) at (800) 292-4706,
52
• National Response Center (NRC) at (800) 424-8802 or http://www.nrc.uscg.mil/, and/or
• MDARD Agriculture Pollution Emergency Hotline at (800) 405-0101.
53
10.0 DEFINITIONS
Best Management Practice (BMP): The best available methods, activities, maintenance procedures,
technologies, operating methods or management practices for preventing or reducing the quantity of
Regulated Substances entering groundwater and surface water from a particular land use activity.
Bioretention (Rain Gardens): Shallow surface depressions planted with specially selected native
vegetation to capture and treat stormwater runoff from rooftops, parking lots, and streets.
Buffer Strip: A permanent, maintained strip of vegetation designed to slow runoff velocities and filter out
sediment and other pollutants from stormwater.
Capture Zone: That area through which water travels below the surface and reaches a City of
Kalamazoo well or wellfield within a specified period of time (under specified conditions set by the EGLE).
This ordinance addresses both a one-year and ten-year time-of-travel capture zone.
Catch Basin: A solid-walled stormwater inlet to the stormwater collection system that includes a sump to
capture coarse sediments. Catch basin sumps shall be at least two feet deep.
Channel Protection Performance Standard: Criteria that requires maintaining post-development project
site runoff volume and peak flow rate at or below pre-development levels for all storms up to the 2-year 24-
hour event.
Contaminated Site (or Contamination): A site that exhibits contaminant concentrations that are greater
than State and/or Federal clean-up standards (e.g., Michigan Part 201 Criteria, Part 213 R isk-Based
Screening Levels, etc.).
Detention (Basin/Pond/ System): A stormwater management practice that provides temporary storage
for stormwater runoff before discharging into a surface water body.
EGLE: Michigan Department of Environment, Great Lakes , and Energy; formerly Michigan Department of
Environmental Quality (MDEQ).
EPA: United States Environmental Protection Agency
First Flush: Typically, the first one inch of runoff generated from a site. The “first flush” typically contains
higher pollutant concentrations than subsequent runoff from the same runoff event.
54
Green Roof: Rooftop that includes a vegetative surface that allows the roof to function more like a
vegetated surface.
Groundwater: The water below the land surface in a zone of saturation, excludin g those waters in
underground piping for water, wastewater, or stormwater distribution/collection systems.
Groundwater Recharge: The replenishment of existing natural water bearing subsurface layers of
porous stone, sand, gravel, silt or clay via infiltration.
Illicit Discharge: Any direct or indirect non-stormwater discharge (or seepage) to the stormwater system
that is not composed entirely of stormwater or uncontaminated groundwater.
Impervious Surface: A surface that prevents the infiltration of water i nto the ground such as roofs,
streets, sidewalks, driveways, parking lots, and highly compacted so ils.
Infiltration Practices: Natural or constructed land areas using permeable soils that capture, store, and
infiltrate the volume of stormwater runoff into surrounding soil. Examples include, but are not limited, to dry
wells/leaching basins, retention basins, detention basins, infiltration trenches, and subsurface infiltration
beds.
LARA: Michigan Department of Licensing and Regulatory Affairs
Manufactured Treatment Devices (MTDs): A prefabricated stormwater treatment structure utilizing
settling, filtration, adsorptive/absorptive materials, vortex separation (hydrodynamic separator), vegetative
components, and/or other appropriate technology to remove pollut ants from stormwater runoff.
Michigan 10 Metals: arsenic, barium, cadmium, chromium, copper, lead, mercury, s elenium, silver, and
zinc
MS4: Municipal Separate Storm Sewer System, as defined by federal and state laws.
NPDES: National Pollution Discharge Elimination System, as addressed in 33 USC § 1342 (b) and the
Federal Clean Water Act, as amended.
NPDES Stormwater Discharge Permit: A permit issued by the U.S. Environmental Protection Agency
(EPA) (or a state under authority delegated pursuant to 33 USC se ction 1342(b)) that authorizes the
discharge of pollutants to waters of the United States, whether the permit is applicable on an individual,
group, or general area-wide basis. For the purposes of this ordinance, the subject NPDES Permit is
issued to the City by the EGLE.
55
New Jersey Corporation for Advanced Technology (NJCAT) Program: A private/public partnership
that promotes the development and commercialization of new energy and environmental technologies,
including the verification of stormwater MTDs.
New Jersey Department of Environmental Protection (NJDEP) Standard for Manufactured
Treatment Devices: A list of third-party certified Manufactured Treatment Devices (MTDs) that were
laboratory and/or field tested by the NJCAT Program and approved by the NJDEP to serve as acceptable
BMPs. The most current listing available will be used as the list of acceptable MTDs for use in the
Township for removing pollutants from stormwater runoff
(https://www.nj.gov/dep/stormwater/treatment.html).
Peak Discharge Rate: The maximum instantaneous rate of flow during a storm, usually in reference to a
specific design storm event.
Pervious Pavement: Infiltration technique that combines stormwater infiltration, storage, and structural
pavement consisting of a permeable surface underlain by a storage reservoir.
Pollutant: Any substance which, alone or in combination with other substances, if discharged to waters of
the State in sufficient quantities, causes or contributes to, or has the potential to cause or contribute to, a
violation of a Federal, State, or local water quality standard, a nuisance, or to render such waters harmful,
detrimental or injurious to public health, safety or welfare, or to domestic, indus trial, agricultural,
recreational, or other legitimate beneficial uses or to any organism, aquatic life, plant or animal. Pollutants
may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; non-
hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or
abandoned objects, ordinances, and accumulations, so that same may cause or contribute to pollution;
sediment; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage,
fecal coliform and pathogens; dissolved and particulate metals; animal wastes; residues that result from
constructing a building or structure; and noxious or offensive matter of any kind.
PNAs: Polynuclear Aromatic Compounds
Pre-development Conditions: The natural state of a site prior to any human development activities. F or
most sites in the City, pre-development conditions shall be 100% forested.
Pretreatment: The additional measures taken to protect groundwater and/or surface water quality by
removing pollutants from collected stormwater. Typically, pretreatment is accomplished by a BMP
designed to provide controlled removal of oils and grease, course to fine sediments, and may provide
containment in the case of an accidental spill or other release.
56
Release: The spilling, leaking, pumping, pouring, emitting, emptying, dis charging, injecting, escaping,
leaching, dumping, or disposing of one or more regulated substances upon or into any land or water
within a capture zone. Release includes, without limitation, leakage of such materials from failed or
discarded containers or storage systems and disposal of such materials into any on-site sewage disposal
system, dry-well, catch basin, or landfill.
Regulated Substance (Hazardous Substance): Substance for which there is a Safety Data Sheet
(SDS), as established by the United States Occupational Safety and Health Administration, and the SDS
cites possible health hazards for said substance; Hazardous waste as defined by the S olid Waste
Disposal Act, as amended by the Resource Conservation and Recov ery Act of 1976, as amended;
Hazardous substances as defined by the Comprehensive Environmental Response, Compensation and
Recovery Act (CERCLA); radiological materials; and biohazards (See WH-O Ordinance for exclusions in
Section 1.B. Definition of Regulated Substances).
Retention (Basin, Pond, System): A stormwater management practice that provides temporary storage
of stormwater runoff and does not discharge directly to a surfac e water body. The water is discharged via
infiltration and/or evaporation.
Runoff: That portion of precipitation that does not infiltrate or evaporate but runs off to a surface water
feature or stormwater collection system.
Sediment Basin: A man-made depression in the ground surface where runoff is collected and stored to
allow solids to settle out. Sediment basins may be wet or dry.
Spill Containment Cell: A BMP designed to provide controlled removal of oils and grease, course to fine
sediments, and other subject pollutants to protect groundwater and surface water resources, and to
provide for a containment area in the case of a spill or other pollutant release.
Spill Containment Plan: A written site-specific plan conforming to the specifications contained in the
“Performance Standards,” including the documentation of general site operations; Regulated Substance
storage areas; potential for releases of Regulated Substances and an analysis of the potential destination
of such releases; and procedures to be followed in the event of a release.
Spill Containment Volume: The containment volume of stormwater requ ired to protect groundwater and
surface water from a release of regulated substances.
Stormwater: Runoff from natural precipitation, including snowmelt, as well as other surface runoff and
drainage that flow via natural or manmade drainage ways.
57
Sump: An area or space where liquids are allowed or encouraged to accumulate. Sump pumping is the
process of evacuating that liquid using pumps.
Vegetated Filter Strip: A permanent, maintained strip of vegetation designed to slow runoff velocities
and filter out sediment and other pollutants from stormwater.
VOCs: Volatile Organic Compounds
Water Quality Swale: An open drainage channel or depression, explicitly design ed to filter runoff
through a self-contained bed of sand to provide water quality treatment and/or spill containment.
Water Quality Treatment Volume Standard: Criteria that requires a stormwater treatment volume that
is intended to reduce or prevent water quality impacts of stormwater runoff by capturing and treating the
initial "first flush" volume expected to contain the majority of pollutants.
Wellfield: The surface or subsurface area surrounding one or more permitted wells where potable water
is pumped out of the ground to supply a public water system. They are further categorized into wellfield
zones based on the time it takes water in the aquifer to travel to the wellhead where it is pumped out.
Wellhead: Any individual well used for supplying water.
Wellhead Protection Area: The surface or subsurface area supplying water to wells or wellfields throu gh
which contaminants are reasonably likely to move toward and reach the well(s); The area defined by the
Capture Zone.
58
11.0 REFERENCES
City of Kalamazoo Code of Ordinances: https://ecode360.com/KA2666.
City of Kalamazoo Website: https://www.kalamazoocity.org/.
Kalamazoo County Office of Drain Commissioner:
https://www.kalcounty.com/drain/SiteDevelopmentProcedures.htm.
LMNO Engineering, Research, and Software, Ltd., Rational Equation Calculator, 2013:
https://www.lmnoeng.com/.
Michigan Department of Transportation Drainage Manual – Chapter 7:
https://www.michigan.gov/documents/MDOT_MS4_Chap_91735_7._07_Drainage_Manual.pdf.
Michigan Department of Environment, Great Lakes, and Energy, Minimum Well Isolation Dista nces (From
Contamination Sources and Buildings) Part 127, Act 368, P.A. 1978 and Act 399, P.A. 1976
https://www.michigan.gov/documents/deq/deq-dwmad-eh-swpu-Isolation_Distances_Chart_623619_7.pdf
Michigan Department of Environment, Great Lakes, and Energy, Automotive Salvage and Scrap Metals
Handlers Website: https://www.michigan.gov/egle/0,9429,7-135-3307_36106-235729--,00.html.
Michigan Department of Environment, Great Lakes, and Energy, Municipal Program / MS4 Compliance
Assistance and the Phase II Permit Website:
https://www.michigan.gov/egle/0,9429,7-135-3313_71618_3682_3716-24366--,00.html.
Michigan Licensing and Regulatory Affairs: https://www.michigan.gov/lara.
Michigan Natural Resources and Environmental Protection Act (NREPA) of 1994, Act 451 of 1994, as
amended:
http://www.legislature.mi.gov/(S(bs2ew10kk4hbtjdnt2aacb43))/mileg.aspx?page=GetObject&objectname=
mcl-Act-451-of-
1994#:~:text=AN%20ACT%20to%20protect%20the,lands%2C%20waters%2C%20and%20other%20natu
ral.
Michigan Natural Resources and Environmental Protection Act, 342.20120c Relocation of contaminated
soil:
http://www.legislature.mi.gov/(S(zhm4uyagbjg5xdzbtynmjbyg))/mileg.aspx?page=getObject&objectName
=mcl-324-20120c.
Michigan Department of Environmental Quality, Michigan Nonpoint Source Best Management Practices
Manual, 2017: https://www.michigan.gov/documents/deq/wrd-nps-bmp-intro_577101_7.pdf
Michigan Department of Environmental Quality. “Equipment Maintenance and Storage Areas," 2015:
https://www.michigan.gov/documents/deq/deq-wb-nps-ems_250618_7.pdf .
Michigan Department of Environmental Quality, Post-Construction Storm Water Runoff Controls Program
Compliance Assistance Document, 2014:
https://www.michigan.gov/documents/deq/wrd-storm-MS4-ComplianceAssistance_470350_7.pdf
Michigan Department of Agriculture & Rural Development. "Generally Accepted Agricultural Management
Practices,” 2014, redrafted 2017:
59
https://www.michigan.gov/documents/mdard/Jan_25_Meeting_Documents_549846_7.pdf .
National Oceanic and Atmospheric Administration (NOAA), National Weather Service, Midwestern
Climate Center and Illinois State Water Survey, “Rainfall Frequency Atlas of the Midwest" by Floyd A.
Huff and James R. Angel, 1992: https://www.isws.illinois.edu/pubdoc/B/ISWSB-71.pdf
New Jersey Corporation for Advanced Technology (NJCAT) stormwater testing and verification website:
https://www.nj.gov/dep/stormwater/treatment.html
New Jersey Department of Environmental Protection (NJDEP) stormwater management treatment
devices, maintenance guidance, and certification Website:
https://www.nj.gov/dep/stormwater/maintenance_guidance.htm
Release Reporting in Michigan, Chapter 6 of Michigan Facilities’ Guide to SARA Title III, Emergency
Planning and Release Reporting:
https://www.michigan.gov/documents/deq/deq-oea-saraguidebook-Chapter6_444640_7.pdf.
Michigan Coalition of Governments (SEMCOG), Low Impact Development Manual for Michigan - A
Design Guide for implementers and Reviewers, 2008: Low Impact Development Manual for Michigan - A
Design Guide for Implementers and Reviewers" (SEMCOG, 2008)
U.S. Environmental Protection Agency, Stormwater Pollution Prevention Bulletin “Managing Highway
Deicing to Prevent Contamination to Drinking Water," 2010:
https://nepis.epa.gov/Exe/ZyNET.exe/P100N2UE.txt?ZyActionD=ZyDocument&Client=EPA&Index=2006
%20Thru%202010&Docs=&Query=&Time=&EndTime=&SearchMethod=1&TocRestrict=n&Toc=&T ocEntr
y=&QField=&QFieldYear=&QFieldMonth=&QFieldDay=&UseQField=&IntQFieldOp=0&ExtQFieldOp=0&X
mlQuery=&File=D%3A%5CZYFILES%5CINDEX%20DATA%5C06THRU10%5CTXT%5C00000036%5C
P100N2UE.txt&User=ANONYMOUS&Password=anonymous&SortMethod=h%7C -
&MaximumDocuments=1&FuzzyDegree=0&ImageQuality=r75g8/r75g8/x150y150g16/i425&Display=hpfr
&DefSeekPage=x&SearchBack=ZyActionL&Back=ZyActionS&BackDesc=Results%20page&MaximumPa
ges=1&ZyEntry=3#
U.S. Environmental Protection Agency Website: document “Developing Your Stormwater Pollution
Prevention Plan, 2012:
https://www.epa.gov/npdes/developing-stormwater-pollution-prevention-plan-swppp.
60
FIGURES
Figure 1: Wellhead Protection Area Delineation Map
Figure 2: Spill Containment Cell
Figure 3: Water Quality Swale
November 3, 2023
Cooper charter Township
1590 West D Avenue
Kalamazoo, Michigan 49009
Dear Mr. Jeffrey R. Sorensen,
We are ready to move forward with the proposal to purchase of three lots
totaling approximately 1.6 acres on East G Avenue identified as parcel numbers:
02-36-361-350
02-36-361-360
02-36-361-370 price for $1,50,000
If the follow condition is met:
1. If township agrees to approve a liquor license in these lots
Please feel free to reach out to Varinder Grewal if you have any questions.
Sincerely,
Varinder Grewal
Palwinder S Bath
October 27, 2023
o ns ><
1590 West D Avenue
Kalamazoo, MI 49009-6321
(269) 382-0223
Varinder Singh Grewal
8005 Douglas Avenue
Kalamazoo, MI 49009
RE: Purchase Proposal for Township Property
Dear Mr. Grewal:
The Township is in receipt of your proposal to purchase the three lots totaling approximately 1.6 acres on
East G Avenue identified as parcel numbers:
02-36-361-350
02-36-361-360
02-36-361-370
Please be aware the Township Board will consider your offer of $150,000 at a special meeting scheduled
for November 20, 2023 at 4:00 pm at the Township Hall.
Please feel free to reach out to the Township if you have any questions.
Sincerely,
Julie Johnston, AICP
Planner/Zoning Administrator
cc: Jeff Sorensen, Supervisor
Deputy Clerk Holtman
October 29, 2023
Cooper Township
1590 D Avenue West
Kalamazoo, MI 49009
Attention: Cooper Township Board
RE: TOWNSHIP OWNED PROPERTY – PURCHASE PROPOSAL
Dear Board Members:
At your November 20, 2023 special meeting, a proposal to purchase the Township owned property on
East G Avenue will be presented. The proposal is the full asking price of $150,000 for the three lots totaling
approximately 1.6 acres identified as parcel numbers 02-36-361-350, 02-36-361-360, and 02-36-361-370.
As your Zoning Administrator, I would recommend conditioning any considered acceptance of the
proposal on the applicant receiving approval from the Planning Commission for any intended use and site
plan. The Board could consider the following motion:
“Motion to accept the proposal for $150,000 from Varinder Grewal and Palwinder S Bath
contingent on submittal of an application and engineered site plan to the Planning Commission within
90 days of this motion, and approval from the Planning Commission for any proposed use and site
plan.”
My intent is to protect both the Township and the applicant with the suggested motion. As a C-1:
Commercial District zoned property, many of the uses are restricted to low-intensity retail. Based on
conversations with the potential applicant, their intended uses may require special approval through a
public hearing process with the Planning Commission. The suggested motion will provide the applicant
with an opportunity to withdraw if their intended use is not approved.
Sincerely,
Julie Johnston, AICP
J. Johnston Consulting