[HISTORY: Adopted by the Village Council of the Village of Spring Lake 7-17-2006 by Ord. No. 292 (Ch. 30, Art. IV, of the 2000 Code of Ordinances). Amendments noted where applicable.]
The Village Council finds that the use of certain groundwater wells and water supplies from such wells for human consumption or other purposes may constitute a public health risk and endanger the safety of the residents of the Village. The identified public health risk affects premises that are located on or in the vicinity of sites that are the source or location of contaminated groundwater, or where there is a known and identified threat of contaminated groundwater from a release. The Village has determined it is in the best interests of the public health, safety and welfare to prohibit certain uses of groundwater from wells at properties located in the vicinity of such contaminated sites.
The following definitions shall apply to terms used in this chapter.
- AFFECTED PREMISES
- A parcel of property any part of which is located within a restricted zone.
- A person who applies for the establishment of a restricted zone and accompanying regulations pursuant to this chapter.
- CONTAMINATED GROUNDWATER
- Groundwater in which there is present concentrations of materials that exceed the residential drinking water criteria established by the MDEQ in operational memoranda or rules promulgated pursuant to Part 201, Environmental Remediation (MCLA § 324.20101 et seq.), or Part 213, Leaking Underground Storage Tanks (MCLA § 324.21301a et seq.), of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended, MCLA § 324.101 et seq., dependent upon whether the release is regulated pursuant to Part 201 or Part 213.
- Underground water within the zone of saturation.
- The Michigan Department of Environmental Quality, or its successor agency.
- Any individual, copartnership, corporation, association, club, joint venture, estate, trust, and any other group or combination acting as a unit, and the individuals constituting such group or unit.
- A "release" as defined in Part 201, Environmental Remediation (MCLA § 324.20101 et seq.), or Part 213, Leaking Underground Storage Tanks (MCLA § 324.21301a et seq.), of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended, MCLA § 324.101 et seq., dependent upon whether an underground storage tank is involved.
- RESTRICTED ZONE
- An area or areas described within §§ 208-3 and 208-4 within which the prohibition of groundwater wells and the use of groundwater applies.
- Remediation and Redevelopment Division of MDEQ.
- WATER BUREAU
- The Drinking Water and Radiologic Protection Division of the MDEQ, or its successor agency.
- An opening in the surface of the earth for the purpose of removing freshwater through nonmechanical or mechanical means for any purpose other than a public emergency or conducting response actions that are consistent with the Michigan Natural Resources and Environmental Protection Act, the Comprehensive Environmental Response, Compensation and Liability Act, the Resource Conservation and Recovery Act, or other applicable statute.
Editor's Note: See MCLA § 324.101 et seq.; 42 U.S.C.A. § 9601 et seq.; 42 U.S.C.A. § 6901 et seq., respectively.
The following described areas in the Village shall be restricted zones under this chapter. They may be referred to by reference to the names provided in the caption preceding their descriptions.
West End Redevelopment Area Restricted Zone. An area described as commencing at the point of intersection of the northerly bank of the Grand River with the easternmost edge of the east bank of Spring Lake, then northerly along that east bank to the east right-of-way line of Rex Street, then southerly along the east right-of-way line of Rex Street to the northerly right-of-way line of Liberty Street, then easterly along the northern right-of-way line of Liberty Street to the east right-of-way line of Cutler Street, then southerly along the easterly right-of-way line of Cutler Street to the northern bank of the Grand River and then westerly along the northern bank of the Grand River to the southernmost edge of the east bank of Spring Lake, to the point of commencement. (Corrected 10-18-2004)
Barbers Addition Area Restricted Zone. An area described as commencing at the north line of Liberty Street and the east line of Cutler Street, thence east to the east line of Park Street, thence south to the north line of Savidge Street, thence east to the east line of Division Street, thence south to the Grand River, thence westerly along the Grand River to the east line of Cutler Street, thence north to the point of beginning.
The Village Council may amend this chapter to add new restrictive zones in accordance with the following procedure.
An applicant shall first file a request with the Village Manager advising the Village of the applicant's interest in establishing a restricted zone pursuant to this chapter. The notice shall describe the proposed boundaries of the proposed restricted zone, the reason for the proposed restricted zone, a preliminary map of the proposed restricted zone, the proposed time schedule for implementing the proposed restricted zone, and the proposed groundwater use restrictions to be applicable within the restricted zone. The Village Manager will, after notifying the Village Council of the notice of intent, respond to the applicant with a preliminary and nonbinding indication of the Village's willingness to consider the proposed restricted zone. The Village Manager or other designated Village officer may also be an applicant for purposes of initiating this procedure.
The applicant shall seek and obtain the MDEQ's approval of the proposed restricted zone and proposed groundwater use restrictions to be applicable therein prior to filing an application with the Village. In order to be considered by the Village, the restricted zone must minimize or eliminate the need for restrictive covenants on property that is not owned or operated by and is not subject to remediation by a party responsible for the contaminated groundwater. The creation of a restricted zone should have the effect of eliminating the need for nonresponsible parties to impose environmental restrictive covenants on their property or otherwise be beneficial to the owners or occupants of property that was not the site of a release.
If any premises, which will be subject to the new restricted zone, are not already served by Village water service, the applicant shall assure such service is, if it is possible from any engineering perspective to do so, served with Village water service at no cost to the property owners or occupant. The applicant shall have to assure such service is provided. The applicant shall also provide for the abandonment and plugging of nonconforming wells on any affected premises without cost to the owners or occupants of the premises and in compliance with § 208-8. Proof of the provision of such service and plugging/abandonment of such wells shall be required or an escrow account shall be established therefor in an amount and form acceptable to the Village Council.
After the MDEQ approves the proposed restricted zone as an alternative to restrictive covenants on property on which no release has occurred, an applicant shall file with the Village Manager a formal request to the Village including, at a minimum, the following information, together with an escrow deposit as required under this section. The information can be in the form of a proposed remedial action plan (RAP), corrective action plan (CAP), or other similar document if appropriate cross-references are made for ease of reference.
The name, address, and phone number of the applicant, as well as each person having an interest as owner, tenant, easement holder or mortgagee in the real property which is the source or site of the contaminated groundwater, if known.
The street address and legal description of the real property which is a source or site of the contaminated groundwater, if known, and the nature of the applicant's relationship to that property and involvement concerning the contaminated groundwater.
The nature and extent of the contaminated groundwater and the contamination causing it, both in summary form in plain English, and in detail in technical terms, stating the types and concentrations of contaminants; a map or survey showing their current location; a statement of their likely or anticipated impact on groundwater and the nature of the risks presented by the use of the groundwater, as well as the likely or anticipated path of migration if not remediated or corrected and a detailed statement of any plan to remediate, correct, and/or contain the contamination.
A detailed map and legal description of the proposed restricted zone.
The street addresses and general description of all affected premises.
The names, addresses (mailing and street), and phone numbers (if readily available) of all persons with an interest as owner, tenant, easement holder or mortgagee of all affected premises,
The location, current status, and usage characteristics of all existing groundwater wells within the proposed restricted zone.
A detailed statement or description of the proposed regulation or prohibition of the use of existing and future wells within the restricted zone needed to adequately protect the public from the potential health hazards associated with the contaminated groundwater, including a description of permissible uses of such wells, together with the written consent of the MDEQ to such uses of groundwater.
A description and time schedule for any actions the applicant will take to implement any remediation plan, mitigate the adverse impact of the restricted zone (e.g., providing substitute water service), and to properly close and abandon any existing wells subject to the use prohibition within the proposed restricted zone.
A copy of the information submitted to the MDEQ concerning the proposed restricted zone, along with a written statement from an MDEQ representative with approval authority stating that the proposed restricted zone and use regulations have received MDEQ approval as part of the response actions for the groundwater contamination. The MDEQ approval may be contingent upon the Village's establishment of the proposed restricted zone pursuant to this chapter.
Copies of the notice provided to the County Health Department concerning the restricted zones established herein, as well as restricted zones that may be created in the future. This documentation, accompanying regulations, and the Health Department's written acknowledgment that it will not issue permits for prohibited wells within the restricted zone(s) must be provided.
Copies of the notices provided to the owners of affected property together with a sworn statement that such notices were provided to all such owners with the details of the manner in which such notices were provided. At minimum, the notice must:
Identify the sender of the notice including the sender's name, address, contact person and telephone number;
Identify the owner of the property which is the source of the contamination or who is seeking the restricted zone including the owner's name and the property address;
State what the effects of the restricted zone will be, i.e. how use of the groundwater will be restricted;
Who can be contacted at the Village, the MDEQ and the applicant for more information;
A description of the groundwater plume and a brief description of the nature of the contamination; and
Any other information reasonably requested by the Village Manager.
A statement that the applicant agrees to pay all costs incurred by the Village in the establishment of the proposed restricted zone, including without limitation, reimbursement for staff time, the fees of environmental consultants and legal counsel, the cost of publication, any per diem or other amounts paid to public officials for attending any special meetings, etc. This statement shall also consent to the placement of a lien on the applicant's premises if the amounts due under this section are not timely paid (i.e., paid within 30 days of the issuance by the Village of an invoice therefor). That statement shall be in a form acceptable to the Village's legal counsel and shall be in a form so as to be recordable in the records of the county register of deeds.
Along with the application, the applicant shall pay a deposit for escrow of the amount estimated by the Village Manager to be the costs incurred by the Village for the establishment of the proposed restricted zone, including without limitation reimbursement for staff time, the fees of environmental consultants and legal counsel, the cost of publication, any per diem or other amounts paid to public officials for attending any special meetings, etc. The deposit shall not bear interest, and the Village may use funds from it to pay the costs as they are incurred, requiring the applicant to maintain a minimum balance of $500 in that escrow account. Any failure by the applicant to maintain the escrow as required by this provision may result in the Village's discontinuance of its processing of the request to establish a restricted zone and can result in the filing of a lien against the premises of the applicant.
Once the Village Manager or his or her designee is satisfied that the application is complete, the Village Manager shall place the matter on the Village Council agenda to set a time, date, and place for a public hearing on the application.
After the Village Council sets the public hearing, the applicant shall cause a written notice of the hearing to be sent by first class mail to all persons having an interest as owner, tenant, easement holder, or mortgagee in any of the affected premises. The notice shall include a brief statement regarding the application fairly designed to inform the recipients of its main features and potential impact on the recipients in general. The notice shall be mailed at least 10 days prior to the hearing. The notice of hearing shall also be published in a newspaper of general circulation in the Village at least seven days before the hearing. The notice shall also be mailed to the MDEQ representative who gave the approval of the proposed restricted zone and use regulations and the MDEQ district supervisor for the MDEQ regulatory program with jurisdiction over the contaminated site. A copy of the notice, an affidavit of publication and an affidavit of mailing shall be filed with the Village Manager before the hearing.
Upon the establishment of a new restricted zone, the Village Clerk-Treasurer shall publish notice of the amendment to this chapter in the manner required by law for ordinance amendments. The applicant shall give notice to the owners and occupants of all property on which wells are located of the need to close and abandon wells under this chapter as amended.
A person may install or utilize, or allow, permit, or provide for the installation or utilization of, a well within the Village if any of the following exceptions applies and the requirements of the exception are complied with:
Water service unavailable. If Village water service is unavailable to a premises in the Village, any well on that premises shall be tested annually by a laboratory that is acceptable to and for chemical parameters specified by the Water Bureau of the MDEQ. The results of that test shall promptly be submitted to the Water Bureau of the MDEQ or the County Health Department for review. If the Water Bureau of the MDEQ or the County Health Department determines that the well is safe and suitable for use, and proof of that determination is delivered annually to the Village, that well may be used. No split or conveyance or property shall be effective to render Village water service unavailable. For purposes of this provision, Village water service is unavailable only if it is reasonably impossible from an engineering perspective to serve the premises with Village water. This subsection shall apply only to wells existing on the effective date of this chapter.
Proof of no influence. If the MDEQ determines that the use of a well is not influenced or potentially influenced by contaminated groundwater and further determines the use of that well will remain permanently unaffected by the future migration of contaminated groundwater, and proof of those determinations is delivered to the Village, the Village Manager may execute a waiver allowing the use of the well. For example, it is likely that wells may be installed within a restricted zone in the Marshall Formation, which is the deep aquifer below the geologic aquitard now known as the "Michigan Formation" provided that the person proposing to install such a well:
Uses well construction techniques (e.g., double casing) that will maintain the integrity of the Michigan Formation and prevent the migration of contaminants from the Glacial Outwash Aquifer through the Michigan Formation and into the Marshall Formation; and
Submits to the Village Manager, the OCHD and RRD the proposed well construction techniques for review and approval, prior to the installation of the well.
Groundwater monitoring. A well may be used for groundwater monitoring and/or remediation as part of response activity approved by the MDEQ.
Construction de-watering. A well may be used for construction de-watering, if the following conditions are satisfied:
The use of the de-watering well will not result in unacceptable exposure to contaminated groundwater, possible cross-contamination between saturated zones, or hydrogeological effects on contaminated groundwater plumes; and
The water generated by that activity is 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. Any exacerbation caused by the use of the well under this exception shall be the responsibility of the person operating the de-watering well, as provided in Part 201 of the Natural Resources and Environmental Protection Act, being MCLA § 324.20101 to 324.20142.
Processing activities. If the RRD of the MDEQ determines that the use of a well for noncontact heating, cooling or processing activities will not cause the future migration of contaminated groundwater, and proof of that determination is delivered to the Village, the Village Manager may execute a waiver allowing the use of the well for the permitted purposes upon such terms and conditions that the MDEQ identifies.
Public emergencies. A well may be used in the event of a public emergency.
Surface irrigation. Upon review and approval by the RRD of the MDEQ, existing wells may be used for surface irrigation in restricted zones if also permitted by Village ordinance.
Except as provided in § 208-6, water supply for human consumption in any restricted zone shall be delivered only from the Village water system or by the use of bottled water delivered or purchased in containers under conditions approved by the State Department of Agriculture or other appropriate agency. For the purposes of this section, the term "human consumption" means use in food or drink intended for human ingestion, use in food preparation or food service, use in the interior of a dwelling or dwelling unit for household purposes, and use in any building for personal washing.
Any existing well, the use of which is prohibited by § 208-5, shall be plugged or abandoned in conformance with all applicable laws, rules, regulations, permit and license requirements, orders and directives of any governmental entity or agency of competent jurisdiction, or, in the absence of an applicable law, rule, regulation, requirement, order, directive, in conformance with the protocol developed consistent with the American Standards for Testing and Materials Standard No. D5299-92, as amended.
Except as provided in § 208-6, no well may be used or installed at any place in the Village if the use of the well will have the effect of causing the migration of contaminated groundwater or a contaminated groundwater plume to previously unimpacted groundwater, or adversely impacting any groundwater treatment system, unless the well is part of an MDEQ or United States Environmental Protection Agency approved groundwater monitoring or remediation system.
Any person who violates, disobeys, omits, neglects or refuses to comply with or resists the enforcement of this chapter shall be responsible for a municipal civil infraction, subject to § 1-2. Increased civil fines may be imposed for “repeated violations,” which means a second or subsequent municipal civil infraction violation committed by a person within any twelve-month period and for which a person admits responsibility or is determined to be responsible. The increased civil fine for repeat violations is set forth in § 1-2.
In addition, the Village may seek an order from a court of competent jurisdiction to restrain any person from violating this chapter, including the collection of costs and attorney fees associated with such enforcement action. Any well in violation of this chapter is hereby declared and deemed a nuisance, subject to abatement, and shall be immediately taken out of service and properly and lawfully abandoned. Any person found to be responsible for installing, permitting, maintaining, or using such well is subject to being ordered by a court of competent jurisdiction to properly and lawfully remove or abandon such well.
No permit for building, alteration or other required permit for a premises or improvement thereon shall be issued by the Village for any premises found in violation of this chapter, or where it is proposed to install or use a well in violation of this chapter.
At least 30 days prior to any amendment or repeal of this chapter in whole or in part, the Village shall notify the MDEQ of its intent to so act.