Public Notice: Village of Manchester

Village Hall, Village of Manchester

VILLAGE OF MANCHESTER
NOTICE OF ADOPTION
ORDINANCE NO. 307
WELL PROHIBITION

THE VILLAGE OF MANCHESTER, WASHTENAW COUNTY, MICHIGAN, HEREBY ORDAINS:
that the Village of Manchester Code of Ordinances, Title V-Public Works, Section 50- Water Service, is hereby amended by adding sections, to be numbered 50.158 and 50.159, which read as follows:
SECTION 1. ADDED TO SECTION 50-WATER SERVICE:§ 50.158 DEFINITIONS
As used in this division, the following shall apply: Village means the Village of Manchester, Michigan. Village water system means that system of the village within and outside the village limits by which water is supplied to water users
Well means an opening in the surface of the earth for the purpose of removing water underneath the earth’s surface by both mechanical and non mechanical means.
:§ 50.159 PROHIBITION OF WATER WELLS
No person, firm, association, corporation, or any other entity shall install, construct, maintain, or use a water well with the village for any purpose whatsoever except for the following:
(A) 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 Environment, Great Lakes and Energy;
(B) Wells installed for construction dewatering, provided the water generated by that activity is handled and disposed of in accordance with all applicable laws and regulations, and as may be approved on a case-by-case basis by the
village, Washtenaw County and/or Michigan Department of Environment, Great Lakes and Energy. Exacerbation, as defined in MCL 324.20101, caused by the use of wells under this exception shall be the responsibility of the
person operating the dewatering well, as provided in Part 201 of 1994 PA 451, the Natural Resources and Environment Protection Act (NREPA);
(C) The Type II municipal wells operated by the village, provided that these wells are subject to groundwater monitoring under the oversight of the Michigan Department of Environment, Great Lakes and Energy (EGLE) Water
Division, in accordance with Act 399 of 1976, the Michigan Safe Drinking Water Act being MCL 325.1001-325.1023 et seq., and the applicable Part 7 Administrative Rules promulgated thereunder;
(D) Wells installed and maintained to supply industrial cooling water or for large-scale irrigation purposes, as may be approved on a case-by-case basis by the village and EGLE;
(E) Nonconforming private well that service any property or structure:
(1) Within the village on the effective date of Ordinance #307, or
(2) Annexed into the village after the date of Ordinance #307. Private owners and operators may continue to use such nonconforming well subject to all applicable state and local lows; provide, however, that any nonconforming well that fails to produce adequate water for the intended use or is not actively used shall be properly abandoned in accordance with Washtenaw County and Michigan Department of Environment, Great Lakes and Energy.
(F) In exceptional cases outside of the restricted zone, the village may approve a new private well within the village if municipal water is not reasonably accessible. Such requests must be approved by the village.

SECTION 2. SEVERABILITY
If any section, paragraph, clause, or provision of this Ordinance shall be held invalid, the invalidity of such section, paragraph, clause, or provision shall not affect any of the other provisions of this Ordinance.

SECTION 3. EFFECTIVE DATE
The Village Clerk shall cause this Ordinance, or a synopsis of this Ordinance, to be published in the manner required by law within fifteen (15) days after it has been duly adopted by the Village Council. The effective date shall be the 20th day after the date of publication.
Adopted: 04/05/2022
Published: 04/13/2022
Effective: 05/03/2022

For as little as $1 a month, you can keep Manchester-focused news coverage alive.

by Marsha Chartrand

Marsha Johnson Chartrand, a founder, writer, and copy editor with the Manchester Mirror, is a 50-year resident of Manchester. She has a long history of volunteer and community involvement.