(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CITY. The City of Gladwin.
CITY WATER SERVICE. The water supplied by the City of Gladwin.
IMPACT AREA. The area defined on Exhibit "A" attached to Ord. 289.
WELL. An opening in a surface of the earth for the purpose of removing fresh water or a test well.
(B) Private wells prohibited. In the impact area defined on Exhibit "A", the sole water source will be the Gladwin Municipal Water Supply. No person, firm, association, corporation, or any other entity shall install, construct, develop, maintain or use a water well within the impact area for any purpose whatsoever, except for the purpose of monitoring groundwater contamination by the properly constructed and maintained monitoring well subject to the approval of the City Council. Private wells outside the impact area and within the city limits are prohibited unless city water service is not feasible and must require the approval of both the City Administrator and the City Council.
(C) Connection to city water service. The owner or occupant of any property or structure within the impact area that is currently serviced by a private well shall remove or otherwise disable the water well and connect to the city water service within 30 days of the effective date of this section. The abandoned well shall be plugged pursuant to the requirements of Act 368 of Public Acts of 1978, being M.C.L.A. 333.1101 et seq., as amended or other applicable administrative rules or law. The owner or occupant of any property or structure within the impact area that desires water service at the property or structure shall connect to the city water service.
(D) Notification to Department of Environmental Quality. If the city ever intends to amend or appeal this section, it shall notify the Michigan Department of Environmental Quality, or its successors, of its intentions no less than 30 days before such amendment or repeal is enacted.
(E) Nuisance per se. A violation of this section is hereby declared to be a public nuisance or nuisance per se and is declared to be offensive to the public health, safety and welfare.
(Ord. 270, passed 12-2-02; Am. Ord. 289, passed 12-5-05) Penalty, see § 52.99