Phase II Stormwater Regulations
The U.S. Environmental Protection Agency (USEPA) has issued the Phase II Storm Water Rule, which requires municipalities and other public bodies that operate a separate stormwater drainage system within a U.S. Census-defined Urbanized Boundary to obtain a stormwater permit. This permit program affects over 120 communities in Southeast Michigan and is administered by the Michigan Department of Environmental Quality (MDEQ).
Who Needs a Stormwater Permit?
Owners or operators of small municipal separate storm sewer systems (MS4s) located in urbanized areas as defined by the Census Bureau (see map), and those small MS4s located outside an urbanized area that are designated by the National Pollutant Discharge Elimination System (NPDES) permitting authorities are covered under the Phase II program.
In 2006, as a result of a lawsuit between Kalamazoo Township and Comstock Townships and MDEQ, it was determined that the plaintiffs did not own or operate a storm sewer system. Therefore, they did not need to comply with the Phase II stormwater requirements. As a result, MDEQ developed guidance for MS4s seeking permit termination/modification or a fee change. To appeal your fee amount or apply for termination of the permit, the permittee needs to complete a MS4 permit appeal form.
Stormwater Permit Overview and Requirements
SEMCOG has developed reference material and guidance documents to provide communities with an overview of the stormwater and Phase II program, as well as a PowerPoint presentation that can be downloaded and customized as needed.