Skip to code content (skip section selection)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONED OPERATIONS. Any property that is unoccupied for at least 30 days and to which one or more of the following applies:
(1) Is open to casual entry;
(2) Has one or more windows boarded;
(3) Has utilities disconnected;
(4) Is unsafe for occupancy or the general public, or is a visual blight adversely affecting the general welfare of the area;
(5) Is the subject of indebtedness to the city for more than one year.
ABANDONED OPERATIONS does not include a property that is actively listed by a licensed real estate broker.
AQUIFER. A geological formation, group of formations, or part of a formation capable of storing and yielding a significant amount of groundwater to wells and springs.
CHEMICAL ABSTRACT SERVICE (CAS) NUMBER. This is a unique number for every chemical established by a Columbus, Ohio organization which indexes information published in "Chemical Abstracts" by the American Chemical Society.
HAZARDOUS SUBSTANCE. A chemical or other material that is or may become injurious to the public health, safety, or welfare, or to the environment. The term HAZARDOUS SUBSTANCE includes, but is not limited to, any of the following which are stored or generated.
(1) Hazardous Substances as defined in the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) of 1980, Public Law 96.510, 94 State. 2767;
(2) Hazardous Waste as defined in Part 111 of the State of Michigan Natural Resources and Environmental Protection Act, 1994 Public Act 451, as amended;
(3) Regulated Substance as defined in Part 213 of the State of Michigan Natural Resources and Environmental Protection Act, 1994 Public Act 451, as amended;
(4) Hazardous Substance as defined in Part 201 of the State of Michigan Natural Resources and Environmental Protection Act, 1994 Public Act 451, as amended;
(5) Used oil;
(6) Radiological materials.
POLLUTION INCIDENT PREVENTION PLAN (PIPP). A PIPP includes a polluting material inventory, a site diagram depicting the locations of the polluting materials, emergency response procedures, and secondary-containment details. Sites are subject to Michigan's Part 5 Rules if they store oils and other polluting materials above established threshold management quantities (TMQs), which are:
(1) Salt in solid form at quantities of five tons (10,000 pounds) or more.
(2) Salt in liquid form at 1,000 gallons or more.
(3) Petroleum products in an AST or container with a capacity of 660 gallons or greater or an aggregate aboveground storage capacity of 1,320 gallons.
(4) All other polluting materials specified in Part 5 that are used, stored, or otherwise managed in a discrete outdoor location, with a total storage quantity of 200 kilograms (kg) (440 pounds) or more.
(5) All other polluting materials specified in Part 5 that are used, stored, or otherwise maintained at a discrete indoor location, with a total storage quantity of 1,000 kg (2,200 pounds) or more.
PROPERLY PLUGGED ABANDONED WELL. A well that has been closed in accordance with regulations and procedures of the Department of Environment Great Lakes and Energy (EGLE) and the local Health Department. A properly plugged abandoned well requires a permit to be brought back into service.
SECONDARY CONTAINMENT. A second tank, catchment pit, pipe, or vessel that limits and contains liquid or chemical leaking or leaching from a primary containment area; monitoring and recovery are required.
SPILL PREVENTION CONTROL AND COUNTERMEASURE (SPCC) PLAN. As detailed in 40 CFR Part 112, sites are subject to the SPCC rules if (1) they store either more than 1,320 gallons of petroleum products aboveground and (2) they present a reasonable risk to a navigable water of the United States property (including via storm water and groundwater). An SPCC Plan details site oil storage, spill potential, and emergency response and notification procedures. The SPCC Plan is required to be certified by a registered Professional Engineer.
STORM WATER POLLUTION PREVENTION PLAN (SWPPP). As detailed in 40 CFR Part 122, sites that are required to have a storm water permit are also required to have SWPPPs that detail hazardous substance exposed to storm water and controls to prevent releases.
UNDERGROUND STORAGE TANK. A tank or combination of tanks, including underground pipes connected to the tank or tanks, which is, was, or may have been used to contain an accumulation of hazardous substances, as defined in Part 211 of the State of Michigan Natural Resources and Environmental Protection Act, 1994 Public Act 451, as amended.
UNPLUGGED ABANDONED WELL. A well which has not been used for one year or more.
WELL. As defined in the Michigan Water Well Construction and Pump Installation Code, Part 127, Act 368 of the Public Acts of 1978, as amended, and rules; or a permanent or temporary opening in the surface of the earth for the purpose of removing water, or testing water quality, or measuring water characteristics, or measuring liquid recharge, or measuring liquid levels, or oil and gas exploration or production, or waste disposal, or dewatering purposes; or geothermal heat exchange purposes, or a production, or waste disposal, or dewatering purposes; or geothermal heat exchange purposes, or a cistern of a depth of four feet or more and with a top width of 12 inches or more.
WELLHEAD PROTECTION AREA (WHPA). The area which has been approved by EGLE in accordance with the State of Michigan Wellhead Protection Program, which represents the surface and subsurface area surrounding a water well or well field, which supplies a public water system, and through which contaminants are reasonably likely to move toward and reach the water well or well field within a ten-year time of travel. Where the line defining the WHPA intersects a parcel, the entire parcel shall be subject to this chapter.
(Ord. 190909-1, passed 9-9-2019)