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§ 51.15 CROSS-CONNECTIONS.
   (A)   The city adopts by reference the Water Supply Cross Connection Rules of the Michigan Department of Environmental Quality, being R 325.11401 to R 325.11407 of the Michigan Administrative Code.
   (B)   The city shall cause inspections to be made of all properties served by the public water supply where cross connections with the public water supply are deemed possible. The frequency of inspections and reinspections based on potential health hazards involved shall be as established by the city and as approved by the State Department of Environmental Quality.
   (C)   The representative of the city shall have the right to enter at any reasonable time any property served by a connection to the public water supply system of the city for the purpose of inspecting the piping system or systems thereof for cross connections. On request the owner, lessees, or occupants of any property so served shall furnish to the inspection agency any pertinent information regarding the piping system or systems on the property. The refusal of this information or refusal of access, when requested, shall be deemed evidence of the presence of a cross connection.
   (D)   The city is hereby authorized and directed to discontinue water service after reasonable notice to any property wherein any connection in violation of this section exists, and to take such other precautionary measures deemed necessary to eliminate any danger of contamination of the public water supply system. Water service to such property shall not be restored until the cross connection has been eliminated in compliance with the provisions of this section.
   (E)   All testable backflow prevention assemblies shall be tested at the time of installation or relocation, and after any repair. Subsequent testing of devices shall be conducted at a time interval specified by the city and in accordance with Michigan Department of Environmental Quality requirements. Only individuals that hold an active ASSE 5110 certification shall perform such testing. Each tester shall also be approved by the city. Individuals performing assembly testing shall certify the results of her or her testing.
   (F)   The potable water supply made available on the properties served by the public water supply shall be protected from possible contamination as specified by this section and by the state and city plumbing codes. Any water outlet which could be used for potable or domestic purposes and which is not supplied by the potable system must be labeled in a conspicuous manner, such as:
 
WATER UNSAFE
FOR DRINKING
 
   (G)   This section does not supersede the state plumbing code or any city plumbing ordinance, but is supplemental to them.
   (H)   Any person or customer found guilty of violating any of the provisions of this section, or any written order of the city in pursuance thereof, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than $100, nor more than $500 for each violation. Each day upon which a violation of the provisions of this section shall occur shall be deemed a separate and additional violation for the purpose of this section.
(1993 Code, § 51.15) (Ord. 2018-03, passed 11-5-2018) Penalty, see § 51.99
§ 51.16 PROTECTION OF CITY WELLS AND WATER SYSTEM.
   (A)   It shall be unlawful for any person to construct or maintain, or permit to be constructed or maintained, within a radius of 100 feet from any of the municipal water wells within the city from which the city draws its water supplies, any source of possible contamination or pollution of the wells.
   (B)   It shall be unlawful for any person to do any act, or to allow to be done any act, that may contaminate or pollute or contribute to the contamination or pollution of the water supply wells or water system of the city.
   (C)   Each day that any such source of pollution is used or maintained shall constitute a separate violation of this code, punishable as prescribed in § 51.99.
(1993 Code, § 51.16) Penalty, see § 51.99
GROUNDWATER WELLS; REGULATION AND RESTRICTION
§ 51.30 DEFINITIONS.
   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   RESTRICTED ZONE. An area legally described and incorporated within this subchapter.
   WELL. An opening in the surface of the earth for the purpose of removing water through non-mechanical or mechanical means for any purpose.
(Ord. 09-02, passed 8-17-2009)
§ 51.31 WATER WELL RESTRICTED ZONE.
   The herein described area is the restricted zone as defined under this subchapter. A scaled map illustrating the restricted zone, attached to Ordinance 2017-02 as Exhibit A, is codified as Appendix A to this chapter. A legal description of the area is attached to Ordinance 2017-02 as Exhibit B, which is hereby adopted by reference as if set out in full herein.
(Ord. 09-02, passed 8-17-2009; Ord. 2017-02, passed 7-17-2017) Penalty, see § 51.99
§ 51.32 WELLS AFFECTING CONTAMINATED GROUNDWATER.
   No well may be used or installed at any place in the city if the use of the well will have the effect of causing the migration of contaminated groundwater or a contaminated groundwater plume to previously unimpacted groundwater, or adversely impacting any groundwater treatment system, unless the well is part of an MDEQ or United States Environmental Protection Agency approved groundwater monitoring or remediation system.
(Ord. 09-02, passed 8-17-2009) Penalty, see § 51.99
§ 51.33 NONCONFORMING WELLS.
   Any existing well, the use of which is prohibited by this subchapter, shall be plugged or abandoned in conformance with all applicable laws, rules, regulations, permit and license requirements, orders, and directives of any governmental entity or agency of competent jurisdiction, or, in the absence of an applicable law, rule, regulation, requirement, order, or directive, in conformance with the protocol developed consistent with the American Standards for Testing and Materials standard #D5299-92.
(Ord. 09-02, passed 8-17-2009) Penalty, see § 51.99
§ 51.34 EXCEPTIONS.
   (A)   Water service unavailable. If city water service is unavailable to a premises in the restricted zone, any well on that premises shall annually be tested by the city by a laboratory that is acceptable to and for chemical parameters specified by the State Department of Environmental Quality Water Division (MDEQ). The results of that test shall be submitted to the MDEQ, or the County Health Department for review. If the MDEQ or the County Health Department determines that the well is safe and suitable for use, and proof of that determination is delivered annually to the city, that well may be used. No split or conveyance of property shall be effective to render city water services unavailable.
   (B)   Construction of de-watering wells. Wells in the restricted zone used for construction de-watering are not prohibited by this subchapter, provided that the water generated by that activity is properly handled and disposed in compliance with all applicable laws and regulations. Any exacerbation, caused by the use of wells under this exception, shall be the responsibility of the person operating the de-watering well, as provided in Part 201 of the Natural Resources and Environmental Protection Act, Public Act 451 of 1994, as amended, being M.C.L.A. §§ 324.11501 et seq.
   (C)   Groundwater monitoring and remediation wells. Wells used for groundwater monitoring and/or remediation as part of response activity approved by the State Department of Environmental Quality are not prohibited by this subchapter.
(Ord. 09-02, passed 8-17-2009)
§ 51.35 NOTIFICATION OF INTENT TO AMEND OR REPEAL.
   At least 30 days prior to any amendment or repeal in whole or in part of this subchapter, the city shall notify the State Department of Environmental Quality, or its successor agency, of its intent to so act.
(Ord. 09-02, passed 8-17-2009)
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