Traverse City News and Events

DEQ Puts County On Probation, Citing Violations

Jan. 13, 2016

The Grand Traverse County department responsible for protecting local waterways and wetlands from construction pollution is underfunded, understaffed and noncompliant with the Michigan Department of Environmental Quality (DEQ), according to a new audit report obtained by The Ticker.

The DEQ conducted on-site reviews of the county’s Soil Erosion and Sedimentation Control (SESC) department last July. It also investigated 17 area construction sites. Officials found “significant program deficiencies” within Grand Traverse County, according to a January 8 report, including incomplete applications and permits, neglected environmental violations and insufficient funding to cover departmental workloads.

The DEQ found that two-part time county inspectors were responsible for managing more than 700 active SESC permits. “With the current staffing level, to meet the minimum inspection requirements of once per month…(SESC) would have to perform 4.4 inspections per hour in an eight-hour day, when working 40 hours a week,” the report stated. The DEQ concluded that current staffing levels “cannot support the minimum inspection recommendation.”

In addition, while the county’s soil erosion ordinance is undergoing revision, the document as it stands “does not meet the requirements of Part 91,” the state law regulating soil erosion and sedimentation activities, the report found.

The violations earned Grand Traverse County probation status with the DEQ. According to DEQ Cadillac District Office Supervisor Brian Jankowski, the DEQ is now “working cooperatively with the county” to help the SESC department address its deficiencies and come back into compliance with state law.

“It’s apparent there was a funding and staffing deficiency when compared to the permit load they have,” Jankowski tells The Ticker. “We’re going to give them a reasonable amount of time to address these issues. It’s not about punishing the county. It’s about trying to help the county.”

The report comes nearly one year after Grand Traverse County commissioners directed department supervisor Bruce Remai to find ways to cut SESC’s budget. Remai – who maintained the department was overloaded – submitted budget scenarios including raising permit fees and restructuring staffing hours. In an alternate third proposal, he recommended combining those steps along with using $10,000 from the general fund to increase inspector hours – a move he said was needed to “effectively administer and ensure compliance (with) Part 91.”

After the DEQ expressed concerns about potential staffing shortages, commissioners voted last February to approve the permit fee hikes, and to replace a retiring part-time SESC inspector with another part-time inspector, but did not support increasing overall staffing hours. 

County Chairwoman Christine Maxbauer tells The Ticker she agrees the SESC department is “underfunded," but says that responsibility lies with staff tasked with department “oversight and operations." Maxbauer says soil erosion inspection fees “should have been raised sooner” and that, similar to county enterprise funds, SESC should be “self-supporting.”

In light of the county’s probation status with the DEQ, however – which could lead to state-mandated staffing and funding measures should the county fail to meet compliance requirements – Maxbauer says she will “absolutely” support funding or staffing recommendations made by County Administrator Tom Menzel. “I think there’s probably plenty of blame to go around,” she says. “The important thing now is to fix it.”

Given the county’s recent budget woes, Menzel says he’ll “have to find creative and innovative ways to meet the DEQ requirements.”

“We don’t have any more money,” Menzel says. “It’s unfortunate, but it’s true. We want and need to be in compliance…but we’re going to have to find other resources inside the county to help us do that.”

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