(a) The purpose of this section 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. It has been determined that groundwater within a restricted zone, as defined in subsection (b) hereof, may contain hazardous substances at concentration levels which the Michigan Department of Environmental Quality has determined would be unsafe for consumption or certain other uses. It is further recognized that the protection of the residents of the City from consumption and other uses 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.
(b) As used in this section:
(1) "Restricted zone" means an area legally described and incorporated in this section.
(2) "Well" means an opening in the surface of the earth for the purpose of removing fresh water through non-mechanical or mechanical means for any purpose other than response activity or 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.
(c) The following described areas are restricted zones as defined under the terms of this section:
(1) An area commencing at the intersection of Waubascon Road and Limit Street and continuing in a southerly direction along the centerline of Limit Street to the centerline of Parkway Drive and then east along the centerline of Parkway Drive to the centerline of Howland Street and then north along the centerline of Howland Street to the centerline of Roosevelt Avenue, then east along the centerline of Roosevelt Avenue to Washington Avenue, then north along the centerline of Washington Avenue to the northern City limits, then west along the northern City limits to Limit Street.
(2) An area contained by a boundary commencing at the intersection of the centerlines of Cass Street and Jackson Street and continuing westerly along the centerline of Jackson Street to the centerline of Kendall Street and continuing northerly along the centerline of Kendall Street to the centerline of Van Buren Street and continuing easterly along the centerline of Van Buren Street to the centerline of Cass Street and continuing southerly along the centerline of Cass Street to the centerline of Jackson Street.
(3) An area contained by a boundary commencing at the intersection of the centerlines of Michigan Avenue and Jay Street and continuing northwesterly along the centerline of Michigan Avenue to the centerline of Capital Avenue and continuing northeasterly along the centerline of Capital Avenue to the south bank of the Battle Creek River and continuing southeasterly along the south bank of the Battle Creek River to the extension of the centerline of Jay Street from Michigan Avenue and continuing southwesterly along the extension of the centerline of Jay Street to Jay Street and continuing southwesterly along the centerline of Jay Street to the centerline of Michigan Avenue.
(4) An area commencing at the intersection of the centerline of Grand Boulevard and East Columbia Avenue, and continuing north along the centerline of Grand Boulevard to its intersection with the centerline of John R. Street then continuing westerly along the centerline of John R. Street to its intersection with the centerline of Capital Avenue SW, then continuing along the centerline of Capital Avenue SW to its intersection with the centerline of Lakeview Avenue, then west along the centerline of Lakeview Avenue to its intersection with the centerline of Highland Avenue, then southerly along the centerline of Highland Avenue to its intersection with the centerline of West Columbia Avenue, then easterly along the centerline of Columbia Avenue, to the point of beginning.
(5) An area contained by a boundary commencing at a point on the centerline of Capital Avenue SW which lies 360 feet south of the centerline of Mason Road; thence continuing south along the centerline of Capital Avenue SW a distance of 376.21 feet; thence west 231 feet; thence north 146.21 feet; thence west 114 feet; thence north 230 feet; thence east 345 feet to the centerline of Capital Avenue SW and the point of commencement.
Also, an area contained by a boundary commencing at a point on the centerline of Capital Avenue SW which lies 492 feet south of the centerline of Christy Road; thence east 360.50 feet; thence south parallel with Capital Avenue SW 485.95 feet; thence west 360.50 feet to the centerline of Capital Avenue SW; thence north along the centerline of Capital Avenue SW 485.95 feet to the point of commencement.
(d) No person or legal entity shall install, allow, permit or provide for the installation or utilization of a well on any property on which he, she or it has an ownership interest, or a lessee or tenant interest, or control within a restricted zone. Wells installed or used in a restricted zone for groundwater monitoring or remediation as part of response activity approved by the Michigan Department of Environmental Quality are not prohibited by this section. Property within the restricted zone shall be serviced only by the public water supply.
(e) Any person, firm or corporation found responsible for violating this section shall be responsible for a Class D Municipal civil infraction and shall be subject to the civil fines provided in Section 202.98. Each day a violation continues shall be deemed a separate offense. In addition, the City may seek an order from the District Court to restrain any person from violating this section, including the collection of costs and attorney fees associated with such enforcement action. Any well in violation of this section shall also be declared and deemed to be a nuisance, subject to abatement, and shall be immediately taken out of service and lawfully abandoned. Any person found to be in violation of this section is subject to being ordered by the District Court to properly and lawfully remove or abandon the well.
(f) At least thirty days prior to any amendment or repeal in whole or in part of this section, the City shall notify the Michigan Department of Environmental Quality of its intent to so act.
(g) A copy of this section or any amendment thereto which describes a restricted zone affecting multiple properties shall be filed with the Calhoun County Register of Deeds.
(h) If any article, section, subsection, sentence, clause, phrase or portion of this section is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of remaining portions of this section, it being the intent of the City that this section shall be fully severable. The City shall promptly notify the Michigan Department of Environmental Quality upon the occurrence of any event described in the preceding sentence.
(Ord. 14-01. Passed 10-16-01; Ord. 03-06. Passed 3-7-06; Ord. 02-07. Passed 2-20-07; Ord. 07-2015. Passed 7-7-15.)