To: Brian K. Flewelling, Public Works Committee Chairperson
From: Jeffrey Wright, Drain Commissioner
title
RE: Approval of a Fifth Amendment to Genesee County Phase II Regulations Storm Water Management System Contract
recommendation
BOARD ACTION REQUESTED:
Approval of the fifth amendment to the Genesee County Phase II Regulations Storm Water Management System Contract. Through Public Act 342 of 1939 this contract provides for the continuing cooperation between the County and the Municipalities in a County wide cooperative system. The County and the Municipalities share costs and efforts to comply with the requirements of the Phase II Regulations and to engage in other watershed management activities related. The Drain Office is the County’s Agent and manages the program on behalf of the County and Municipalities. The County currently pays $125,000 per year. Of that $85,000 is general fund and the other $40,000 is paid by the Road Commission through separate contract.
BACKGROUND:
Since 2001 The EPA has required an unfunded mandate managed by Michigan EGLE to regulate government owned storm water systems. The permittees recognized that by combining efforts and costs there would be a saving of time and money. Under Genesee County, this covers Facilities and operations properties, Parks and Rec Properties, Genesee County Road Commission and Genesee County Drain Commissioner’s Office. The contract is for 5-years and the previous amendment was passed as Reso2021-229.
DISCUSSION:
the extension of this Contract will allow the County Agencies and Municipalities to continue to combine efforts to stay in compliance with the State Permits. Due to changes to the permit requirements, we are seeking the County to pay $130,000 per year. Of that $90,000 is a county appropriation in account 6370-523.00-699.003 and the other $40,000 is paid by the Road Commission. This was included in the 2026-2027 budget funds.
IMPACT ON HUMAN RESOURCES:
No impact on Human Resources
IMPACT ON BUDGET:
This is included in Budget
IMPACT ON FACILITIES:
No impact on Facilities
IMPACT ON TECHNOLOGY:
No impact on Technology
CONFORMITY TO COUNTY PRIORITIES:
The purpose of this permit is to promote clean stormwater and prevent / eliminate illicit discharges to the rivers and streams contributing to a healthy, livable and safe Community. Part of education directly promotes environmental stewardship.
resolution
TO THE HONORABLE CHAIRPERSON AND MEMBERS OF THE GENESEE COUNTY BOARD OF COMMISSIONERS, GENESEE COUNTY, MICHIGAN
LADIES AND GENTLEMEN:
At a regular meeting of the Board of Commissioners of the County of Genesee held on _____________, 2026.
PRESENT: ________________________________________________________________
________________________________________________________________
________________________________________________________________
ABSENT: ________________________________________________________________
________________________________________________________________
The following resolution was offered by _______________ and seconded by _______________:
WHEREAS, the County of Genesee (the “County”) and the cities and townships located within the County identified on Exhibit A attached hereto (the “Municipalities”) are subject to the requirements of the Phase II Storm Water Regulations (the “Phase II Regulations”) published by the United States Environmental Protection Agency (“EPA”) in the Federal Register on December 8, 1999; and
WHEREAS, the Board of Commissioners of the County has established the Genesee County Storm Water Management System (the “System”) to provide, among other things, storm water management services to the Municipalities pursuant to the provisions of Act 342, Public Acts of Michigan, 1939, as amended (“Act 342”), to enable the County and the Municipalities to comply with the requirements of the Phase II Regulations and to engage in other watershed management activities related thereto; and
WHEREAS, the County Drain Commissioner (hereinafter referred to as the “County Agency”) has been designated as the agency of the County in connection with the establishment, management and operation of the System; and
WHEREAS, the County, the Municipalities and other units of local government in the County have previously entered into the Genesee County Phase II Regulations Storm Water Management System Contract, dated as of May 1, 2001, as amended by the First Amendment to Genesee County Phase II Regulations Storm Water Management System Contract, the Second Amendment to Genesee County Phase II Regulations Storm Water Management System Contract and the Third Amendment to Genesee County Phase II Regulations Storm Water Management System Contract (as amended, the “Contract”), pursuant to which the County agreed to provide such services as are necessary (defined therein as the “Services”) to assist the County, the Municipalities and such other local units of government in complying with the requirements of the Phase II Regulations and in other watershed management activities, including, but not limited to, applying for NPDES permit coverage and planning for and implementing storm water discharge management controls (known as “best management practices”) with respect to the following minimum control measures: (a) public education and outreach on storm water impacts; (b) public participation/involvement; (c) illicit discharge detection and elimination; (d) construction site storm water runoff control; (e) post-construction storm water runoff control; and (f) pollution prevention/good housekeeping for municipal operations; and
WHEREAS, there has been submitted to this Board of Commissioners a proposed Fifth Amendment to Genesee County Phase II Regulations Storm Water Management System Contract, dated as of October 1, 2026, among the County, by and through the County Drain Commissioner, as County Agency, and the Municipalities (the “Amendment”), which Amendment ratifies and confirms the Contract and amends the Contract relative to the provision of Services for implementation activities required by the Phase II Regulations and the allocation of the costs of such activities among the County and the Municipalities; and
WHEREAS, this Board of Commissioners desires to approve the execution and delivery of the Amendment.
NOW, THEREFORE, BE IT RESOLVED BY THIS BOARD OF COUNTY COMMISSIONERS OF GENESEE COUNTY, MICHIGAN, as follows:
1. The Contract is hereby ratified and confirmed, and the intent of the County to renew and restore the terms of the Contract, as amended through the Fourth Amendment to Genesee County Phase II Regulations Storm Water Management System Contract, is hereby acknowledged and confirmed.
2. The Amendment, in the form presented to this meeting and by this reference made a part hereof, is approved and adopted, and the County Agency is authorized and directed to execute and deliver the same for and on behalf of the County, in as many counterparts as may be deemed advisable, after the Amendment has been executed by the appropriate officials of the Municipalities.
3. All resolutions and parts of resolutions, insofar as they may be in conflict herewith, are hereby rescinded.
ADOPTED: YEAS:
______________________________________________________
______________________________________________________
NAYS:
EXHIBIT A
MUNICIPALITIES
Township of Clayton
Township of Davison
Charter Township of Fenton
Charter Township of Flint
Charter Township of Genesee
Charter Township of Grand Blanc
Charter Township of Mt. Morris
Charter Township of Vienna
City of Burton
City of Clio
City of Davison
City of Fenton
City of Flushing
City of Grand Blanc
City of Linden
City of Mt. Morris
City of Swartz Creek