Within a ten-year time-of-travel in the WHPA, no person shall, nor shall any person allow another over whom the person has control to:
(a) Release or allow the release of a regulated substance, alone or in combination with other materials (such as fill) in such a manner that the substance gains access to the ground, to a storm sewer or surface water, or in any other way such that the substance might enter the groundwater, if doing so creates a reasonable likelihood of an adverse impact upon the groundwater;
(b) Possess a regulated substance exceeding fifty-five gallons aggregate for liquid materials or 440 pounds aggregate for dry weights, unless prepackaged and intended for retail sale or for commercial or household use (such as salt used in water softeners, fertilizers, pesticides, herbicides, etc.), or unless engineering controls are designed and implemented consistent with the City's “Performance Standards,” the City's Fire Code, and applicable State of Michigan laws and regulations. The foregoing limits shall not apply to regulated substances being contained in the following:
(1) Underground oil and water separators and storm water treatment structures that meet the conditions of the "Performance Standards";
(2) Hazardous waste storage areas at RCRA facilities;
(3) Laboratory facilities that comply with all federal, state, and local regulations.
(c) Except as otherwise provided for in Section 1041.09 of this chapter, operate a scrap or recycling yard that uses, stores, generates, or has as a byproduct of or results in the presence of a regulated substance;
(d) Except as otherwise provided for in Section 1041.09 of this chapter, operate a sanitary/solid waste landfill that uses, stores, generates, or has as a byproduct of or results in the presence of a regulated substance;
(e) Use oil, waste oil, or similar liquid petroleum-type products for dust suppression;
(f) Install a water well for the purpose of drinking water or irrigation if, in the determination of the Director, public water service is reasonably available;
(g) Install or use a well unless it is determined by the Director that it has been scientifically demonstrated by the person responsible for the well, that the well will not cause an adverse impact to the public water supply. Notwithstanding the foregoing, a well may be installed with the approval of the Director for the purposes of detecting environmental contamination, monitoring environment containment and remediation, or if required by federal, state, or local law;
(h) Except as otherwise provided for in Section 1041.09 of this chapter, excavate, extract, or mine sand, gravel, bedrock, or any other type of earth if a permit or site plan review is required, unless the operator has established to the Director's satisfaction that the activity will not cause an adverse impact to the public water supply;
(i) Allow the presence of an abandoned well, which is defined as any well that has either been discontinued for more than one year, is in such disrepair that its continued use is impractical, has been left uncompleted, is a threat to groundwater resources, or is a health or safety hazard. A well shall not be considered abandoned if it has been properly plugged pursuant to The Groundwater Quality Control Act, Part 127, 1978 PA 368; or
(j) Except as otherwise provided for in Section 1041.09 of this chapter, drill for natural gas or petroleum, whether for exploration, production, or otherwise including by enhanced recovery methods such as hydraulic fracturing.
(Ord. 12-2. Passed 6-19-12.)