ADOPTED - MAY 14, 2002

Agenda Item No. 11

Introduced by the Administrative Services/Personnel and Finance Committees of the:

INGHAM COUNTY BOARD OF COMMISSIONERS

RESOLUTION STATING THE INGHAM COUNTY BOARD OF COMMISSIONERS OBJECTION TO THE RULES OF PHASE II FEDERAL CLEAN WATER ACT AS PROPOSED, AND AUTHORIZING THE COUNTY ATTORNEY TO TAKE NECESSARY STEPS TO CHALLENGE THE RULES OF THE ACT

RESOLUTION #02-127

WHEREAS, The Federal Clean Water Act was passed in 1972; and

WHEREAS, the permitting process through which Phase II of the Federal Clean Water Act will be implemented will begin in 2003; and

WHEREAS, Phase II begins a vital project of cleaning up non-point source pollution; and

WHEREAS, Ingham County supports the objectives of Phase II; and

WHEREAS, the DEQ proposal constitutes an unfunded mandate under the Headlee Amendment as contained in the constitution; and

WHEREAS, the rules as published by the Michigan Department of Environmental Quality are inconsistent with the rules as published by the Federal Environmental Protection Agency; and

WHEREAS, The Ingham County Board of Commissioners has been identified in the rules published by the Michigan Department of Environmental Quality as an entity that requires a permit; and

WHEREAS, The Ingham County Board of Commissioners does not own or operate any municipal separate storm water systems; and

WHEREAS, the Federal Government and the State of Michigan have not made funds available to for implementation of this act, and do not intend to make funding available in the future to assist Ingham County with implementation of the act; and

WHEREAS, the rules are in a public comment period that ends May 14, 2002.

THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners objects to the rules as proposed; and

BE IT FURTHER RESOLVED, the County Attorney is authorized to take necessary action to challenge the rules as put forth by the Michigan Department of Environmental Quality; and

ADOPTED - MAY 14, 2002

Agenda Item No. 11

RESOLUTION #02-127

BE IT FURTHER RESOLVED, copies of this resolution are to be forwarded to all State and Federal elected officials representing Ingham County, the Michigan Association of Counties, and David Hamilton, Chief of the Surface Water Quality Division, Michigan Department of Environmental Quality.

ADMINISTRATIVE SERVICES/PERSONNEL COMMITTEE: Yeas: Swope, Lynch, De Leon, Celentino, Severino Nays: None Absent: None Approved 5/7/02

FINANCE: Yeas: Grebner, Stid, Swope, Hertel, Schafer, Minter Nays: None

Absent: Krause Approved 5/8/02