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HomeMy WebLinkAboutResolutions - 1988.03.10 - 17514January 21, 1988 Miscellaneous Resolution # 88016 BY: Thomas A. Law, County Commissioner-District #26 RE: AMENDMENTS TO THE SOIL & SEDIMENTATION CONTROL ACT, ACT 347, PA 1972 TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson, Ladies and Gentlemen: WHEREAS, the Oakland County Drain Commissioner's Office has been designated as the enforcing agency in Oakland County for the implementation of Act 347, of Public Acts 1972, for the protection of the lakes and streams of the County; and WHEREAS, in order to assist the Drain Commissioner in carrying out his duties under Act 347, PA 1972, the Oakland County Hoard of Commissioners by Misc. Res. #87229 has increased the number of County personnel for the soil erosion inspection function; and WHEREAS, the Drain Commissioner has recommended that in addition to the increase in personnel, his office needs to have stronger enforcement power included in Act 347, PA 1972. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby request that the following amendments be made to Act 347, PA 1972: New Proposed Section 18 A person who owns land on which an earth change has been made which may result in or contribute to soil erosion or sedimentation of the waters of the state, shall be required to implement and maintain acceptable soil erosion and sedimentation control measures which will effectively reduce soil erosion or sedimentation from the land on which the earth change has been made. New Proposed Section 19 The county enforcing agency or the local enforcing agency shall notify by mail, with return receipt requested, the person who owns any land which the agency determines is not in compliance with the terms of this Act to the extent that soil erosion and sedimentation of the waters of the state have or will reasonably occur from the land. The notice shall describe specific measures which are required to assure that acceptable soil erosion and sedimentation control measures, in conformance with the Act, are effective to prevent soil erosion and sedimentation of the waters of the state. Failure of the enforcing agency to give such notice shall not, however, constitute a defense to any action to enforce the provisions of this Act, or of any penalty for under this Act. New Proposed Section 20 A person who owns land subject to provisions of the Act must implement and maintain acceptable soil erosion and sedimentation control measures in conformance with the Act within ten (10) days after the notice of violation of the Act is given. New Proposed Section 21 No sooner than 10 days after notice of violation of the Act has been mailed, and if the condition of the land may result in or contribute to soil erosion or sedimentation of the waters of the state, and if acceptable soil erosion and sedimentation control measures in conformance with the Act are not in place, the enforcing agency, or a designee of the agency, may enter upon the land and construct, implement and maintain acceptable soil erosion and sedimentation control measures in conformance with the Act. New Proposed Section 22 All expenses incurred to construct, implement and maintain accept- able soil erosion and sedimentation control measures to bring the land in conformance with the Act, under the provisions of Section 21, shall be paid by the person who owns the land. The enforcing agency shall have a lien for the expenses to bring the land into conformance with the Act, to be enforced in the manner described by the general laws of the State providing for the enforcement of tax liens. Mr. Chairperson, I move the adoption of the foregoing regolution. Thomas A. Law County Commissioner, District #26 New Proposed Section 23 The enforcing agency shall construct, implement and maintain accept- able soil erosion and sedimentation control measures, in conformance with the Act, where the person who owns the land fails to implement the acceptable soil erosion measures after notice, but the enforcing agency shall not have the power to expend for the cost of the work, materials or labor more than $500.00 without prior written notice in the notice of violation of the person who owns the land that the expenditure of more than $500.00 may be made. New Proposed Section 24 Any person who owns land not in compliance with the Act, and who, after notice, refuses to implement and maintain acceptable soil erosion and sedimentation control measures in conformance with the Act shall be subject to a fine of not more than five hundred dollars ($500.00) which fine shall be paid to the enforcing agency responsible for the enforcement of the Act in the city, township or village where the land is located. New Proposed Section 25 Should any section, subdivision, clause, or phrase of this Act be declared by the courts to he invalid, the validity of the Act as a whole, or in part, shall not be affected other than the part invalidated. REPORT GENE1ML GOVERNMENT COMMITTEE-- Richard G. Skorritt, Chairperson la: Miscellaneous Resolution #88016- Amendments to the Soil & Sedimentation . . Control Act, Act 347,, PA ii)72 TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson, Ladies and Gentlemen: The General Government Committec.:,1 having reviewed the above referenced resolution reports with the recommendation that the resolution be adopted.. Mr. Chairperson., on behalf of the Genera/ Government Committee, 1 move the acceptance of the foregoinu report, GENERAL GOVERNMENT COMMITTEE HOU, CALL Motion carried unanimously with Page absent. 1-1 a, #880I6 March 10, 1988 The Chairperson referred the resolution back to the General Government Committee. There were no objections.