Policy
Collaborative Enforcement Response Procedure (ERP) — Stormwater Management Plan 2025
Describes the framework the collaborative stormwater permittees in the Midland County Urbanized Area, including Lincoln Township, use to respond to noncompliance with illicit discharge and post-construction stormwater ordinances. Lists possible enforcement actions such as notices of violation, stop work orders and civil infractions.
Summary written automatically. The full text below is the record.
Contents (3)
Collaborative Enforcement Response Procedure (ERP)
Background
The purpose of the Enforcement Response Procedure (ERP) is to provide a framework for compelling compliance with the permittee’s ordinances and/or regulatory mechanisms identified in the Stormwater Management Plan (SWMP), and to deter continuing violations. The ERP identifies the enforcement tools available to municipal staff to use if they observe noncompliance with the municipality's regulatory mechanisms for illicit discharge elimination and post-construction stormwater management. These tools may include notices of violation and stop work orders. The ERP also identifies how and when enforcement is escalated if the violation isn't corrected. Finally, the ERP provides documentation requirements to ensure that potential violations are investigated, and appropriate enforcement tools are used in a timely manner.
The Responsible Parties
The collaborative permittees are all responsible for ensuring its implementation. The collaborative permittees within the Midland County Urbanized Area are the City of Midland, Midland County Drain Commissioner, Midland County Road Commission, and Lincoln Township.
Enforcement Response Procedure
The illicit discharge elimination ordinance(s) or regulatory mechanism(s) are provided in the Illicit Discharge Elimination Program (IDEP) section of the SWMP.
The post-construction stormwater ordinance(s) or regulatory mechanism(s) are provided in the Post-Construction Stormwater section of the SWMP.
Possible enforcement actions for noncompliance with the Illicit Discharge and Post-Construction Ordinances or Regulatory Mechanisms may include:
- Written notice of violation
- Stop work order
- Access to the Municipal Separate Storm Sewer System (MS4) temporarily revoked without prior notice when necessary to stop an actual or threatened discharge that presents an imminent and substantial danger to the MS4, health, or the environment
- Assessment for abatement activities conducted by collaborative permittees
- Assessment for damages, with an invoice for reimbursement transmitted to the responsible party
- Issuing a civil infraction