ARTICLE VIII. WATER WELL RESTRICTION
58-600 Findings.
The City has been informed and hereby finds that an aquifer in certain areas of the City has been contaminated or otherwise adversely impacted by hazardous substances and that identified public health, safety and welfare risks may affect drinking water drawn from certain areas of such impacted aquifers. The City has determined that it is necessary and appropriate to prohibit and/or otherwise restrict the use of wells to supply water in and from the affected areas in order to protect City residents by minimizing the health, safety and welfare risks and minimizing the potential for migration of contaminated groundwater into presently unaffected groundwater.
(Ord. No. 2302, § 1, 8-11-13, Ord. No. 2311, § 1, 8-16-13)
58-601 Definitions.
The following definitions shall apply to terms used in this article:
(1) Affected parcel means a parcel of land, any part of which is located within a restricted zone.
(2) Applicant means a person who applies or applied for the establishment of a restricted zone pursuant to this article.
(3) City means the City of Pontiac.
(4) City property means any interest in real property owned or held by the City and shall include but not be limited to the following: (a) real property owned by the City; (b) real property leased by the City as lessee; and (c) City streets, alleys or other City rights-of-way or easements.
(5) Contaminated groundwater means groundwater in which there are present concentrations of materials that exceed drinking water criteria under the Safe Drinking Water Act, 1976 PA 399, as amended, or the residential drinking water criteria established by the MDEQ in operational memoranda or rules promulgated pursuant to Part 201, Environmental Remediation (MCL 324.20101 et seq.), or Part 213, Leaking Underground Storage Tanks (MCL 324.21301a et seq.), of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended, MCL 324.101 et seq., dependent upon whether the release is regulated pursuant to Part 201 or Part 213.
(6) Domestic use means the use of water by humans for drinking, cooking, food preparation and other food-related services, cleaning, washing, bathing and similar household-type water uses in any dwelling, or in any building in which commercial/business, governmental/public or industrial activities are conducted. The term does not include water used solely for closed-loop heat pumps, noncontact cooling, or production and/or processing purposes of commercial or industrial enterprises.
(7) Irrigation use means the use of water for lawn, garden, or landscaping irrigation on a residential parcel of land. The term does not include water used for commercial, agricultural or farm irrigation, except as specifically directed by the MDEQ.
(8) MDEQ means the Michigan Department of Environmental Quality, or its successor agency.
(9) Owner means the holder of record title for a parcel of land and also the occupant of a parcel of land in possession under a land contract or lease.
(10) Person means any individual, partnership, corporation, association, club, joint venture, estate, trust, and any other group or combination acting as a unit, and the individuals constituting such group or unit.
(11) Restricted zone means an area or areas described within section 58-602 for which the prohibition of wells and the use of groundwater applies and includes parcels of land that are legally described in this article, and as amended from time to time as provided in this article.
(12) WRD means the Water Resources Division of the MDEQ, or its successor agency.
(13) Well means an opening in the surface of the earth for the purpose of removing fresh water through nonmechanical or mechanical means for any purpose other than a public emergency or conducting response actions that are consistent with the Michigan Natural Resources and Environmental Protection Act, 1994 PA 451, as amended (“NREPA”), the Comprehensive Environmental Response, Compensation and Liability Act, the Resource Conservation and Recovery Act, or other applicable statute.
(Ord. No. 2302, § 1, 8-11-13, Ord. No. 2311, § 1, 8-16-13)
58-602 Restricted zone.
The following described areas in the City shall be restricted zones under this article. They may be referred to by reference to the names provided in the caption preceding their descriptions. Additional restricted zones, along with a map illustrating the restricted zone, may be added by amending this article in accordance with all applicable laws.
(1) Old Fiero Restricted Zone. The Old Fiero restricted zone consists of three areas:
Area A:
Beginning at the intersection of East Kennett Road and Baldwin Avenue, traveling in an easterly direction to Saint Clair Street, then traveling south on Saint Clair Street to Owens Street. Traveling east on Owens Street to Portland Street, then continuing south on Portland Street to the northern boundary of tax identification number #14-20-255-001. Following the northern boundary of tax identification number #14-20-255-001 to the vacated railroad tracks, then continuing south along the tracks and across Montcalm Avenue for approximately 400 feet to the inlet of Harris Lake. Continuing west along the southern boundary of tax identification number #14-20-256-027 (Harris Lake Park) and the southern boundary of tax identification number #14-20-256-017 to Baldwin Avenue, then continuing north the point of beginning.
Inclusive of:
#14-20-202 Lots 1 through 59, #14-20-252 Lots 75 through 102, #14-20-253 Lots 127 through 158, #14-20-254 Lots 179 through 214, #14-20-255-001 Lots 242 through 244, #14-20-256-026 Lots 264 through 266, #14-20-256-003 Lot 267, #14-20-256-004, #14-20-256-005 Lot 268, #14-20-256-017, #14-20-256-027 (Harris Lake Park).
Area B:
Beginning at the intersection of Saginaw Street and Montcalm Avenue, traveling in an easterly direction to Edison Street, then traveling south on Edison Street. Traveling west on Edison Street to the southern boundary of tax identification number #14-20-426-003 (Assessor’s Plat No. 11, Lot 2). Continuing west along the southern boundary of tax identification number #14-20-426-003 (Assessor’s Plat No. 11, Lot 2) to Saginaw Street, and then north to the point of beginning.
Inclusive of:
Assessor’s Plat No. 11 Lot 2 and 3
Montcalm Avenue
Columbia Avenue Area:
The area along Columbia Avenue consisting of the road area and easement from the railroad line east of Baldwin Avenue extending to approximately 350 feet east of the centerline of E. Highwood Street.
(2) Franklin and Rapid Street Restricted Zone. The Franklin and Rapid Street restricted zone consists of the following described area:
Beginning at the Westerly Right of Way line of Woodward Avenue and the Northerly row line of South Blvd.; Thence traveling west along said right of way line to the Easterly right of way line of Franklin Road; Thence traveling North along said easterly right of way line to a point on the South line of Rapid Street and the Northwest corner of parcel 14-33-302-001; Thence Northeasterly along the South line of Rapid Street to the Northernmost point of parcel 14-33-302-001 and the Southerly right of way line of The Railroad; Thence Southeasterly along the Southerly right of way line of The Railroad to the intersection of the Southerly right of way line of Woodward Avenue; Thence Southeasterly along said Southerly right of way line of Woodward Avenue and the Westerly line of Parcel identification number 14-33-351-012 to the point of beginning of Area B.
Inclusive of:
-14-33-351-001 Lots 1 through 8 (Sachse Addition) and Lot 1 (Assessor’s Plat No. 91)
-14-33-351-012 Lots 2 through 16 (Assessor’s Plat No. 91), Lots 1 through 32 (Donaldson Addition), Lots 33-42 (Donaldson Addition No. 16),
-14-33-302-001 Part of lots 7, 8, and 9, Lots 1 through 6, Lots 10-42 (Rapid Motor Addition)
-14-33-302-002 Lots 1 through 12 (Assessor’s Plat No. 90),
-14-33-302-003 Lots 11 and 12 (Assessor’s Plat No. 90),
-Wilson Avenue.
(3) North Mill Streets Restricted Zone. The North Mill Street restricted zone consists of the following area:
The area encompasses a portion of Mill Street (City of Pontiac property), and is located in the SE 1/4 of Section 29, T3N, R10E. The area is bounded by Mill Street and Parcel Number 14-29-283-020 to the north, Parcel Number 14-29-428-002 to the east, University Drive to the south, and Parcel Numbers 14-29-283-020, 14-29-427-004, 14-29-427-012, 14-29-427-007, and 14-29-427-009 to the west.
(Ord. No. 2302, § 1, 8-11-13, Ord. No. 2311, § 1, 8-16-13)
58-603 Prohibition.
Except as provided in Section 58-604, no person shall install or utilize, or allow, permit, or provide for the installation or utilization of, a well on any affected parcel. Any existing well at the time of the enactment of a restricted zone on any affected parcel within that restricted zone shall be plugged/abandoned at the expense of the applicant for that particular restricted zone and as provided for in section 58-605 and in accordance with applicable laws, regulations and ordinances, unless such existing well falls within one of the exceptions listed in section 58-604. Except as provided in section 58-604, no person shall use any groundwater from an affected parcel.
(Ord. No. 2302, § 1, 8-11-13, Ord. No. 2311, § 1, 8-16-13)
58-604 Exceptions.
A person may install or utilize, or allow, permit, or provide for the installation or utilization of, a well in any restricted zone if any of the following exceptions applies and the requirements of the exception are complied with. The party proposing an exception to the well prohibition shall conduct all appropriate inquiry and prepare a due care analysis pursuant to Part 201 or Part 213 of the NREPA.
(1) Proof of No Influence. If the MDEQ determines based on information provided to it by the person seeking this exception that the use of a well in a restricted zone will not exacerbate existing groundwater contamination, and that water from the proposed well will not be affected by contaminated groundwater, and proof of those determinations is delivered to the City, the well may be so used.
(2) Groundwater Monitoring/Remediation. A well may be used for groundwater monitoring and/or remediation as part of a response activity or corrective action approved by the MDEQ or the United States Environmental Protection Agency.
(3) Construction Dewatering. A well may be used for construction dewatering if the following conditions are satisfied: (a) the use of the dewatering well will not result in unacceptable exposure to contaminated groundwater, possible cross-contamination between saturated zones, or exacerbation of contaminated groundwater, as defined in Part 201 of NREPA; and (b) the water generated by that activity is properly handled and disposed of in compliance with all applicable laws, rules, regulations, permit and license requirements, orders and directives of any governmental entity or agency of competent jurisdiction. Any exacerbation caused by the use of the well under this exception shall be the responsibility of the person operating the dewatering well, as provided in Part 201 or Part 213 of NREPA.
(4) Processing Activities. If the MDEQ determines that the use of a well for noncontact heating, cooling, production, or processing involved in industrial or commercial activities will not cause migration or exacerbation of contaminated groundwater, and proof of that determination is delivered to the City, such use of the well under terms and conditions specified by the MDEQ will be allowed. All information necessary for the MDEQ determination described in this subsection shall be provided by the person seeking this exception.
(5) Public Emergencies. A well may be used in the event of a public emergency. Notice of such use shall be provided to the MDEQ within a reasonable time thereafter.
(Ord. No. 2302, § 1, 8-11-13, Ord. No. 2311, § 1, 8-16-13)
58-605 Sources of water supplied for domestic and irrigation use.
(a) For affected parcels that are not already connected to the City water system on the day of enactment of a restricted zone, the applicant of the restricted zone shall be responsible for the costs to connect those affected parcels within that restricted zone to the City water system. Furthermore, for affected parcels that have a well on the day of enactment of a restricted zone which is used primarily for irrigation uses, the applicant of the restricted zone shall be responsible for the costs to connect the irrigation system on the affected parcel within that restricted zone to the City water system.
(b) This section shall not be deemed as affecting the rights and remedies of an owner, or any other person or entity, and/or of any Federal, State or local government that may exist under any law, regulation, rule, ordinance, order, agreement and/or remedial action plan addressing groundwater within the City.
(c) In no event shall the City be required to incur any expense or cost under this article, except as may otherwise be approved by the City Council for a public works project or by a separate agreement with the applicant, owner, other person or entity, or a governmental body or agency.
(Ord. No. 2302, § 1, 8-11-13, Ord. No. 2311, § 1, 8-16-13)
58-606 Enforcement.
The Mayor, or his/her designee, shall be the official having the authority to enforce this article. After the effective date of the ordinance codified in this article, the enforcement official shall contact all owners of affected parcels, which from the information available to the City appear to have wells prohibited under this article (if any), giving written notice of the need to cease using such wells and of the need for establishment of a domestic use water source (to the extent required) as prescribed under section 58-605, or to obtain approval or acknowledgment of an exception under section 58-604. The owner shall immediately take steps so as to comply with the provisions of this article with regard to provision of domestic use water within 60 days from the date of such notice. Any existing well in violation of this article shall then be plugged or abandoned in conformance with applicable legal requirements. Where, upon information available to the enforcement official, it is suspected that a well is being used on an affected parcel in violation of this article, the enforcement official may inspect such affected parcel and serve an appropriate notice and order of such violation requiring that action be taken promptly by the owner to bring the affected parcel into compliance. If the owner fails to act in accordance with such order, the enforcement official may seek remedies and penalties as provided in section 58-607.
(Ord. No. 2302, § 1, 8-11-13, Ord. No. 2311, § 1, 8-16-13)
58-607 Penalty.
Any person who violates any provision of this article shall be liable for a municipal civil infraction under the provisions of this Code of Ordinances. In addition, the City may seek an order from a court of appropriate jurisdiction requiring compliance with this article and may also seek collection of costs and attorney fees associated with such enforcement action. Any violation of this article is a public nuisance, subject to abatement, and any well in violation of this article shall be immediately taken out of service and lawfully abandoned in compliance with applicable legal requirements. A court of competent jurisdiction may order any person violating any provision of this article to properly and lawfully remove or abandon a well.
(Ord. No. 2302, § 1, 8-11-13, Ord. No. 2311, § 1, 8-16-13)
58-608 Building and zoning permits.
No permit for the construction or alteration of a building or structure nor any permit for any zoning approval shall be issued by the City Building and Zoning Administrator for any improvement on an affected parcel which has, or proposes, a water supply from a well in violation of this article.
(Ord. No. 2302, § 1, 8-11-13, Ord. No. 2311, § 1, 8-16-13)
58-609 Administrative liability.
No officer, agent or employee of the City or member of the City Council shall render himself or herself personally liable for any damage which may occur to any person or entity as the result of any act or decision performed in the discharge of his or her duties and responsibilities pursuant to this article.
(Ord. No. 2302, § 1, 8-11-13, Ord. No. 2311, § 1, 8-16-13)
58-610 Amendment; repeal.
The MDEQ, an applicant, an owner, an entity involved in performing remedial actions in order to seek approval of a no further action report under Section 20114d of Part 201 or in performing corrective actions in order to seek approval of a closure report under Section 21312a of Part 213 or other interested party may request in writing to add parcels to or delete parcels from a restricted zone or to establish an additional restricted zone or to otherwise amend or repeal this article, and shall provide advance notice to the MDEQ and any applicant for such restricted zone of any proposed change hereunder, including the reasons supporting such request. The amendment or repeal of this article shall be by an appropriate ordinance adopted in the same manner as the ordinance codified in this article, and any such action shall be in the sole legislative discretion of the City Council.
(Ord. No. 2302, § 1, 8-11-13, Ord. No. 2311, § 1, 8-16-13)
58-611 Notification of lapse, or intent to amend or repeal.
At least 30 days prior to any action regarding a proposed amendment or repeal in whole or in part of this article, the City shall notify the MDEQ and any applicant of its intent to so act. The City shall also notify the MDEQ and any applicant that this article may lapse at least 30 days prior to the article being allowed to lapse.
(Ord. No. 2302, § 1, 8-11-13, Ord. No. 2311, § 1, 8-16-13)
58-612 Reimbursement of additional City construction costs.
The applicant of a restricted zone shall reimburse the City for the reasonable additional costs the City incurs for dewatering contaminated groundwater or disposing of soils impacted by contaminated groundwater in connection with construction activity undertaken by the City on City property in that restricted zone; provided, that the City supplies the applicant with documentation confirming the amount and necessity of such additional costs, including the extent to which they exceeded the cost of dewatering or disposing of materials not impacted by contaminated groundwater.
(Ord. No. 2302, § 1, 8-11-13, Ord. No. 2311, § 1, 8-16-13)