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For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONED WELL.
Any well that may be driven, drilled or dug which is no longer in use.
AQUIFER.
A geologic formation, group of formations or part of formation capable of storing and yielding a significant amount of groundwater to wells or springs.
HAZARD OR POTENTIAL HAZARD TO AQUIFER.
Any chemical or material that may be harmful to the public health, safety, welfare or the environment.
WELL.
Includes any apparatus that is driven, dug or drilled that may penetrate the layers of the aquifer.
WELLHEAD PROTECTION.
Protecting the village's water system wells, distribution systems, and aquifer from any hazard or potential hazard that may penetrate protected layers of the aquifer.
(Ord. 46, passed 9-8-03)
It shall be unlawful and punishable as provided herein for any person, partnership or corporation to install a new well in the village if village water supply is available. In the event that a new well is installed for exploratory purposes only, it shall be installed and plugged under the rules and regulations of the county and the state health codes.
(Ord. 46, passed 9-8-03) Penalty, see § 50.99
The water distribution system of any building occupied by humans as a dwelling or place of employment within the village shall be connected directly to the village water supply system, if available.
(Ord. 46, passed 9-8-03) Penalty, see § 50.99
It shall be the duty of the village, by and through its Maintenance Superintendent or other persons designated by the Village Council, to inspect or use inspections to be made of all properties served by the village water system. The frequency of inspections to eliminate such potential hazards shall be as established from time to time by the village.
(Ord. 46, passed 9-8-03) Penalty, see § 50.99
The Village Maintenance Superintendent or his or her designee shall have the right to enter at any reasonable time upon any property and premises served by the village's water system for the purposes of locating abandoned wells or potential hazards of the village's water system. Upon request of the village or its Maintenance Superintendent, the owner, lessee or occupant of any property so served shall furnish to said inspector any pertinent information regarding the hazards or potential hazards and pertaining to an abandoned well on the property involved. Refusal to provide such information or to permit inspection when requested shall be deemed evidence of presence of hazards to the village's water system. If a violation occurs, the village has the option to immediately notify the Michigan Department of Environmental Quality and pursue its possible remedies under the Michigan Polluters Pay Law (PA 1982 307, as amended by PA 1990 234). Nothing contained herein shall prohibit the village from the pursuit of such other remedies as may be provided by law.
(Ord. 46, passed 9-8-03) Penalty, see § 50.99
Upon connecting to the village's water supply system, existing wells shall be abandoned and plugged within 30 days in accordance with the requirements of the Michigan Public Health Code (PA 1978 No. 368, as amended) and administrative rules adopted pursuant thereto, at property owner cost.
(Ord. 46, passed 9-8-03) Penalty, see § 50.99
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