[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.
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.
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.
Remediation and Redevelopment Division of MDEQ.
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,[1] or other applicable statute.
[1]
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.
A.
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)
B.
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.
C.
East Savidge Street Addition Zone. An area described as commencing
at the point of the north right-of-way line of Savidge Street and
the east right-of-way line of Dewitt Lane, then southerly along the
east right-of-way line of Dewitt Lane to the south right-of-way line
of River Street, then westerly along the south right-of-way line of
River Street to the west right-of-way line of South Lake Street, then
northerly along the west right-of-way line of South Lake Street to
the north right-of-way line of Savidge Street, then easterly along
the north right-of-way line of Savidge Street to the point of commencement.
[Added 12-16-2019 by Ord. No. 361]
The Village Council may amend this chapter to add new restrictive
zones in accordance with the following procedure.
A.
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.
B.
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.
C.
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.
D.
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.
(1)
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.
(2)
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.
(3)
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.
(4)
A detailed map and legal description of the proposed restricted zone.
(5)
The street addresses and general description of all affected premises.
(6)
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,
(7)
The location, current status, and usage characteristics of all existing
groundwater wells within the proposed restricted zone.
(8)
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.
(9)
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.
(10)
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.
(11)
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.
(12)
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:
(a)
Identify the sender of the notice including the sender's name,
address, contact person and telephone number;
(b)
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;
(c)
State what the effects of the restricted zone will be, i.e.
how use of the groundwater will be restricted;
(d)
Who can be contacted at the Village, the MDEQ and the applicant
for more information;
(e)
A description of the groundwater plume and a brief description
of the nature of the contamination; and
(f)
Any other information reasonably requested by the Village Manager.
(13)
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.
E.
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.
F.
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.
G.
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.
H.
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:
A.
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.
B.
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:
(1)
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
(2)
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.
C.
Groundwater monitoring. A well may be used for groundwater monitoring
and/or remediation as part of response activity approved by the MDEQ.
D.
Construction de-watering. A well may be used for construction de-watering,
if the following conditions are satisfied:
(1)
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
(2)
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.
E.
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.
F.
Public emergencies. A well may be used in the event of a public emergency.
G.
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.
A.
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.[1]
B.
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.
