City of Coldwater, MI
Branch County
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Table of Contents
Table of Contents
[Ord. No. 416, passed 8-25-1986]
The water supply system and sewage disposal system of the City shall henceforth be operated as a combined system pursuant to the provisions of Act 94 of the Public Acts of 1933, as amended.
[Ord. No. 416, passed 8-25-1986]
No free service or use of the water supply and sewage disposal system, or service or use of the system at less than cost, shall be furnished by the system to any person, firm or corporation, public or private, or to any public agency or instrumentality, including the City.
[Ord. No. 440, passed 11-13-1989]
(a) 
Definitions. For the purpose of this section, the following definitions will apply:
(1) 
MULTI-UNIT RESIDENCE — Means a residential unit, whether a private home, apartment house, motel or other type of residence, in which there is more than one individual living unit.
(2) 
OWNER — Means the record owner of real property or the land contract purchaser of real property.
(3) 
TENANT — Means the nonowner of property residing in or upon property owned by another.
(b) 
Shut-off valves. All multi-unit residences receiving water service from the Board of Public Utilities may choose not to install separate shut-off valves for each individual unit within the multiple unit residence owned by that owner. If the record owner chooses not to have installation of separate shut-off valves, then the owner will be required to make the monthly payments for water and sewage directly for each individual within the multi-unit residence, regardless of occupancy status.
(c) 
Rates for service. Rates for service shall be those set by the Board of Public Utilities for individual units or multi-units.
(d) 
Shut-off valves; effective date. Each owner of a multi-unit residence receiving water service from the Board of Public Utilities must install the separate shut-off valves or make the election to be responsible for the monthly water and sewage bills himself or herself, no later than December 31, 1990. This section shall become effective 20 days after passage by Council.
[Ord. No. 447, passed 2-26-1990; Ord. No. 308, passed 4-9-1973]
(a) 
Adoption of rules. The City hereby adopts by reference the Water Supply Cross Connection Rules of the Michigan Department of Environmental Quality, being R325.11401 through R325.11407 of the Michigan Administrative Code, filed with the Secretary of State and effective January 12, 1978, as amended, copies of which are on file in the City Clerk/City Assessor's office.
[Amended 7-9-2018 by Ord. No. 813]
(b) 
Inspections. It shall be the duty of the Board of Public Utilities to cause inspections to be made of all properties served by the public water supply where cross connections with the public water supply are deemed possible. The frequency of inspections and reinspections based on potential health hazards involved shall be as established by the Board of Public Utilities and as approved by the Michigan Department of Environmental Quality.
[Amended 7-9-2018 by Ord. No. 813]
(c) 
Right of entry; access to information. The representative of the Board of Public Utilities shall have the right to enter at any reasonable time any property served by a connection to the public water supply system of the City for the purpose of inspecting the piping system or systems thereof for cross connections. On request, the owner, lessees or occupants of any property so served shall furnish to the inspection agency any pertinent information regarding the piping system or systems on such property. The refusal of such information or refusal of access, when requested, shall be deemed evidence of the presence of cross connections.
(d) 
Discontinuance and restoration of service. The Board of Public Utilities is hereby authorized and directed to discontinue water service after reasonable notice to any property wherein any connection in violation of this section exists, and to take such other precautionary measures as are deemed necessary to eliminate any danger of contamination of the public water supply system. Water service to such property shall not be restored until the cross connections have been eliminated in compliance with the provisions of this section.
(e) 
Protection from contamination; labeling of unsafe outlets. The potable water supply made available on the properties served by the public water supply shall be protected from possible contamination as specified by this section, the State and the Board of Public Utilities Rules and Regulations. Any water outlet which could be used for potable or domestic purposes and which is not supplied by the potable system must be labeled in a conspicuous manner as: "WATER UNSAFE FOR DRINKING"
(f) 
Other standards. This section does not supersede the State Plumbing Code, but is supplementary to it and the Board of Public Utilities Rules and Regulations.
(g) 
All testable backflow prevention assemblies shall be tested upon installation. Subsequent testing of assemblies shall be as specified by the Board of Public Utilities, in accordance with the state plumbing code and the Michigan Department of Environmental Quality requirements. All test results shall be certified. Only persons that hold an active ASSE 5110 tester's certification shall perform such testing. Said person shall certify in writing the results of each test conducted.
[Amended 7-9-2018 by Ord. No. 813]
(h) 
Separation from public water supply. If a customer or other person is found to be violating any of the provisions of this section or any written order of the Board of Public Utilities in pursuance thereof, the Board shall physically separate the public water supply from the on-site piping system in such a manner that the two systems cannot again be connected by any unauthorized person. Upon evidence of the approved correction of the violation, reconnection will be made by the Board. The costs of disconnection and reconnection will be borne by the customer.
(i) 
Any person or customer found guilty of violating any of the provisions of this section, or any written order of the Board of Public Utilities issued pursuant to this section, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than $500 for each violation. Each day upon which a violation of the provisions of this section shall occur shall be deemed a separate and additional violation for the purposes of this section. Other penalties applicable to misdemeanors as set forth in the General Code Penalty section, § 202.99, shall also apply to violations under this § 1040.04.
[Added 7-9-2018 by Ord. No. 813]
[Added 9-8-2014 by Ord. No. 780]
(a) 
Definitions. The following definitions shall apply in the interpretation of this section:
APPLICANT
An owner of real property who is applying under § 1040.05(e) for a permit for a Water Well.
CITY
The City of Coldwater.
CITY WATER SERVICE
The water supplied by the City of Coldwater Board of Public Utilities.
CONSTRUCTION SITE DEWATERING
Temporary removal of groundwater from an excavation site.
OWNER
The person holding the legal and equitable title to real property or a lesser estate therein, a mortgagee or vendee in possession, an assignee of rents, receiver, executor, trustee, lessee or any other person, firm or corporation directly or indirectly in control of a building, structure or real property or his duly authorized agent.
PERSON
Any individual, partnership, corporation, limited-liability company, association, organization or other legal entity.
WATER WELL
A hole drilled or bored into the earth for the purpose of removing water through mechanical or nonmechanical means.
(b) 
Purpose. The purpose of this section is to protect public health, safety and welfare by regulating the installation of private water wells in the City of Coldwater so as to prevent cross-connection hazards, the migration of existing or future groundwater environmental contamination, and to ensure municipal source wellhead protection and infrastructure investment cost recovery among other public purposes.
(c) 
Agency designation. The City Council hereby designates the Coldwater Board of Public Utilities as the municipal enforcement agency responsible for administration and enforcement of this section.
(d) 
Private water wells prohibited. Except as provided in § 1040.05(e), no person shall install, construct, develop, maintain or use a water well within the City of Coldwater.
(e) 
Permitted water wells. The following water wells may be issued a permit by the Coldwater Board of Public Utilities:
(1) 
A water well used solely for the purpose of construction site dewatering or for conducting environmental response activities, including sampling or treatment of the groundwater, provided that the owner demonstrates to the Coldwater Board of Public Utilities' Director's satisfaction that:
A. 
The use of the well will not result in exposure of contaminated groundwater, likely cross-contamination between zones of groundwater, or hydrogeological effects on contaminated groundwater plumes; and
B. 
The water generated by the well will be properly handled and disposed of in compliance with all applicable laws, rules, regulations, permit and license requirements, orders and directives of any governmental entity or agency of competent jurisdiction.
(2) 
Municipal water wells operated by the City or school district for its municipal water supply and athletic field irrigation, provided such water wells are subject to groundwater monitoring under the oversight of the Michigan Department of Natural Resources and Environmental Drinking Water and Radiological Protection Division, and/or its successor agency or designee, in accordance with Act 399 of 1976, the Michigan Safe Drinking Water Act,[1] and applicable administrative rules promulgated thereunder.
[1]
Editor's Note: See MCLA § 325.1001 et seq.
(3) 
A geothermal well for noncontact heating, cooling or processing activities, provided the water well is a closed-loop design which does not allow fluid in the coils to be in direct contact with the subsurface, and further provided that the owner has demonstrated to the Coldwater Board of Public Utilities' Director's satisfaction that the closed loop system and associated water wells will not penetrate a confining clay layer and will be constructed and grouted in accordance with relevant construction criteria.
(4) 
Large-volume industrial users and processing subject to authorization by the Coldwater Board of Public Utilities, provided that:
A. 
The proposed volume of water to be consumed by the applicant exceeds 25% of the total water volume capacity of the City water service; or
B. 
The City water service does not serve the subject property and, at its discretion, the Coldwater Board of Public Utilities chooses not to extend service to the subject property.
(5) 
Residential irrigation wells for the watering of lawns permitted, subject to authorization by the Coldwater Board of Public Utilities, provided that:
A. 
A permit is obtained from the CBPU and fee paid annually by the property owner; and
B. 
An annual cross-connection inspection is conducted in accordance with the CBPU Rules and Regulations; and
C. 
Permit and inspection shall be required for all existing and future residential irrigation wells in the City of Coldwater.
(f) 
Large-capacity water wells. No water well may be installed or used at any place in the City if use of the water well is likely to cause the migration of contaminated groundwater into previously unaffected groundwater, or will adversely affect any groundwater treatment system, unless the water well is part of a Michigan Department of Environmental Quality (MDEQ) or United States Environmental Protection Agency (US EPA) approved groundwater monitoring or remediation system.
(g) 
Connection to City water service required. The owner of any house, structure, building, or property used for human occupancy, employment, recreation, storage or other purposes situated within the City who is prohibited from installing a well by § 1040.05(c) is hereby required, at his or her expense, to install suitable plumbing facilities therein, in accordance with the plumbing codes then in effect and enforced within the City, and to connect such facilities directly with the municipal water service in accordance with the requirements of the Codified Ordinances of the City of Coldwater, Michigan.
(h) 
Existing water wells. Existing water wells, the use of which is prohibited by § 1040.05(d), except as permitted under § 1040.05(e), shall be allowed to be operated until such time as the water well fails, or it becomes necessary to deepen, widen, or repair the well itself. Failure of a water well shall not include failure of the pumping equipment. At such time as an existing water well fails, the property must be connected to the City water service as required in § 1040.05(g). Upon discontinuing use, the water well shall be plugged or abandoned in conformance with rules established by the MDEQ and applicable St. Joseph-Branch-Hillsdale County Health Department ordinance and regulation.
(i) 
Violations. Any person who violates any provision of this section shall be responsible for a municipal civil infraction as defined in Public Act 12 of 1994, amending Public Act 236 of 1961, being Sections 600.101 to 600.9939 of Michigan Compiled Laws, and shall be subject to a fine of not more than $500. Each day this section is violated shall be considered a separate violation.
(j) 
Enforcement officials. The City Manager or his or her designee is authorized to issue municipal civil infraction citations.
(k) 
Nuisance per se. A violation of this section is hereby declared to be a nuisance per se and is declared to be offensive to the public health, safety and welfare.
(l) 
Civil remedies. In addition to enforcing this section through the use of a municipal civil infraction proceeding, the City may initiate proceedings in the circuit courts to abate or eliminate the nuisance per se or any other violation of this section.
(m) 
Severability. If any provision of this section or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect any remaining portion or application of this section which can be given effect without the invalid portion or application.
(n) 
Amendments. The City shall notify the MDEQ at least 30 days prior to adopting a modification to this section or the lapsing or revocation thereof, including any modification to add or remove property from a restricted zone.
[1]
Editor's Note: See § 202.99, General Code penalty.