[HISTORY: Adopted by the City Council of the City of Roseville 4-1-1997
by Ord. No. 1093 (Ch. 163 of the 1984 Code). Amendments noted
where applicable.]
[Amended 4-22-1997 by Ord. No. 1094]
The purpose of this chapter is to provide for the protection of the public health, safety and welfare in connection with the use of groundwater within certain portions of the City of Roseville. It has been determined that groundwater within the restricted zone (as defined in § 163-2 below) contains hazardous substances at concentration levels which the Michigan Department of Environmental Quality has determined would be unsafe for consumption and certain other use. It is further recognized that protection of residents of the City of Roseville from consumption and other use of groundwater containing hazardous substances which may be injurious to human health may in certain cases be fostered by the adoption of restrictions in certain areas with regard to the installation and/or use of wells.
When used in this chapter, the following terms shall have the meanings
set forth below:
An area legally described and incorporated within this chapter.
An opening in the surface of the earth for the purpose of removing
fresh water through nonmechanical or mechanical means for any purpose other
than the obtaining of groundwater samples as part of a remedial activity consistent
with the Michigan Natural Resources and Environmental Protection Act of 1994,
as amended.
The following described area is the restricted zone as defined under
the terms of this chapter: An area commencing at the easterly boundary of
the intersection of the exit from eastbound Interstate 94 (toward Gratiot
Avenue) to 13 Mile Road, and then west along 13 Mile Road to Alabama Street,
then south along Alabama Street to Maryland Street, then west along Maryland
to Tennessee Street, then south along Tennessee Street to Iowa Street, then
east along Iowa Street to the east boundary of the right-of-way of Interstate
94, then northeast and north along Interstate 94 and the exit from eastbound
Interstate 94 to Gratiot Avenue to the point of beginning.
No person or legal entity shall allow or permit or provide for the installation or utilization of a well on any property on which they have any ownership interest or control within the restricted zone. Property within the restricted zone shall be serviced only by public water supply. Notwithstanding anything contained in this § 163-4, a well may be installed and utilized for the sole purpose of dewatering property to the extent required during construction activities, provided that all laws and regulations concerning groundwater discharge are complied with at all times.
Any person, firm or corporation convicted of violating this chapter shall be punished as provided in Chapter 1, General Provisions, Article I. In addition, the city may seek injunctive relief 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 shall be declared and deemed a nuisance, subject to abatement, and shall be immediately taken out of service and lawfully abandoned.
At least 30 days prior to any amendment or repeal in whole or in part
of this chapter, the City of Roseville shall notify the Michigan Department
of Environmental Quality of its intent to so act.
