[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)
APPLICANT
CITY
CITY WATER SERVICE
CONSTRUCTION SITE DEWATERING
OWNER
PERSON
WATER WELL
Definitions. The following definitions shall apply in the interpretation
of this section:
An owner of real property who is applying under § 1040.05(e) for a permit for a Water Well.
The City of Coldwater.
The water supplied by the City of Coldwater Board of Public
Utilities.
Temporary removal of groundwater from an excavation site.
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.
Any individual, partnership, corporation, limited-liability
company, association, organization or other legal entity.
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.
