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§ 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)
§ 51.36 EFFECTIVE DATE.
   This subchapter shall be in full force and effect ten days after its publication as provided by law.
(Ord. 09-02, passed 8-17-2009)
§ 51.99 PENALTY.
   (A)   Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99.
   (B)   (1)   Any person or legal entity who shall violate any provision of §§ 51.30 through 51.36 shall be deemed guilty of a misdemeanor offense punishable by imprisonment for not more than 90 days, by fine of not more than $500, or both the fine and imprisonment in the discretion of the Court.
      (2)   In addition, the city may seek an order from a court of appropriate jurisdiction to restrain any person from violating this subchapter, including the collection of costs and attorney fees associated with the enforcement action. Any well in violation of §§ 51.30 through 51.36 shall also be declared and deemed a nuisance, subject to abatement, and shall be immediately taken out of service and lawfully abandoned consistent with all applicable state and local regulations. Any person found to be in violation is subject to being ordered by a court of appropriate jurisdiction to properly and lawfully remove or abandon the well.
(Ord. 09-02, passed 8-17-2009)
APPENDIX A: RESTRICTED GROUNDWATER USE MAP
 
(Ord. 09-02, passed 8-17-2009)