(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
VILLAGE. The Village of Manchester, Michigan.
VILLAGE WATER SYSTEM. That system of the village within and outside the village limits by which water is supplied to water users.
WELL. An opening in the surface of the earth for the purpose of removing water underneath the earth's surface by both mechanical and nonmechanical means.
(B) Prohibition. No person, firm, association, corporation, or any other entity shall install, construct, maintain, or use a water well within the village for any purpose whatsoever except for the following:
(1) Wells installed and maintained for the purpose of groundwater monitoring and/or remediation as part of a response activity approved or required by the Michigan Department of Environment, Great Lakes and Energy;
(2) Wells installed for construction dewatering, provided the water generated by that activity is handled and disposed of in accordance with all applicable laws and regulations, and as may be approved on a case-by-case basis by the village, Washtenaw County and/or Michigan Department of Environment, Great Lakes and Energy. Exacerbation, as defined in M.C.L.A. § 324.20101, caused by the use of wells under this exception shall be the responsibility of the person operating the dewatering well, as provided in Part 201 of 1994 PA 45 1, the Natural Resources and Environment Protection Act (NREPA);
(3) The Type II municipal wells operated by the village, provided that these wells are subject to groundwater monitoring under the oversight of the Michigan Department of Environment, Great Lakes and Energy (EGLE) Water Division, in accordance with Act 399 of 1976, the Michigan Safe Drinking Water Act being M.C.L.A. §§ 325.1001-325.1023 et seq., and the applicable Part 7 Administrative Rules promulgated thereunder;
(4) Wells installed and maintained to supply industrial cooling water or for large-scale irrigation purposes, as may be approved on a case-by-case basis by the village and EGLE;
(5) Nonconforming private well that service any property or structure:
(a) Within the village on the effective date of this section, or
(b) Annexed into the village after the date of this section. Private owners and operators may continue to use such nonconforming well subject to all applicable state and local laws; provided, however, that any nonconforming well that fails to produce adequate water for the intended use or is not actively used shall be properly abandoned in accordance with Washtenaw County and Michigan Department of Environment, Great Lakes and Energy.
(6) In exceptional cases outside of the restricted zone, the village may approve a new private well within the village if municipal water is not reasonably accessible. Such requests must be approved by the village.
(Ord. 307, passed 4-5-2022)