(A) Well abandonment required. All pre-existing wells located on premises served by Summit Township municipal water system shall be abandoned in accordance with the terms of this subchapter and as regulated under the authority of Public Act 368 of 1978, Part 127,and the rules promulgated in the Michigan Water Well Construction and Pump Installation Code. No later than 60 days from the date of connection to the municipal water system, the property owner shall notify the Jackson County Health Department and the Township Department of Public Works if they will plug or re-install the well.
(1) (a) Property owners who do not take their current on site well out of service, but re-install it to operate independently from the municipal water system may legally retain their pre-existing on-site well, provided the re-installed well complies with the Michigan Water Well Construction and Pump Installation Code and the Jackson County Sanitary Code for private water wells.
(b) A re-installed well shall be inspected for compliance with any applicable codes, standards, rules, and ordinances by both the Jackson County Health Department and the Township Department of Public Works.
(2) (a) Property owners, who decide to plug an abandoned well, shall do so within 90 days of the above required notification date.
(b) Any well being abandoned and plugged shall be plugged by a registered well drilling contractor.
(c) A well plugging record shall be submitted to the Jackson County Health Department within 60 days of the well plugging.
(3) All costs of any required permit(s), inspection(s), appeal, work, and materials, shall be paid by the owner of the property upon which the well is to be re-installed or plugged.
(B) Private water wells prohibited. No person, firm, association, corporation, or any other entity shall install, construct, maintain, or use a new water well within the township water service area for any purpose whatsoever, except for agricultural irrigation.
(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 Environmental Quality;
(2) (a) Wells installed for construction de-watering, provided that water generated by that activity is handled and disposed of in accordance with all applicable laws and regulations.
(b) Any exacerbation caused by the use of the well 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, being M.C.L.A. §§ 324.20101 to 324.20142.
(3) (a) Wells installed for agricultural irrigation purposes or due to the unavailability of municipal water require a permit for the Jackson County Health Department.
(b) Municipal water service shall be considered available if the distribution system is within 400 feet of a structure to be served or the property line fronting a public, private, or easement right-of-way where more than 1 structure is to be or is proposed to be served as a result of a division of land.
(c) No split, land division, or conveyance of property shall be effective to render the municipal water service unavailable.
(C) Re-installation. Any well permitted to be re-installed where the municipal water is connected shall comply with §§ 50.25 et seq. which regulate water supply cross-connections in accordance with the rules of the Michigan Department of Public Health.
(D) Permit. No permit for demolition of a structure connected to or known to have an on-site well located on the property shall be issued until the on-site well is plugged in compliance with this section.
(Ord. passed 2-13-2007; Am. Ord. passed 11-13-2012)
Penalty, see § 50.99