PROHIBITION OF USE OF GROUNDWATER The Village of Bear Lake ORDAINS the adoption of Ordinance #2015-2 entitled “Prohibition of Use of Groundwater”.

(a) Purpose.

The Village of Bear Lake Village Council finds that the use of wells for water for human consumption and the use of wells that may influence the movement of contaminated groundwater constitute a potential public health risk. This section is intended to protect the public health, safety, and welfare.

(b) Definitions. For purposes of this section, the following definitions shall apply:
(1) “Contaminated groundwater” means groundwater in which there is present concentrations of materials that exceed the residential drinking water criteria established by the DEQ by rule or operational memoranda pursuant to Part 201 of Michigan’s Natural Resources and Environmental Protection Act, 1994 P.A. 451, as amended.
(2) “DWRPD” means the Drinking Water and Radiologic Protection Division of the DEQ, or its successor agency.
(3) “Groundwater” means underground water within the zone of saturation.
(4) “DEQ” means the Michigan Department of Environmental Quality, or its successor agency.
(5) “Well” means an opening in the surface of the earth for the purpose of removing water through non-mechanical or mechanical means for any purpose.
(6) A reference to any Village official shall be deemed a reference to the individual duly appointed to such position and that individual’s designee.

(c) Prohibition.
Except as provided in subsection (d), no person shall install or utilize, or allow, permit, or provide for the installation or utilization of a well within the Village limits.

(d) Exceptions. A person may install or utilize, or allow, permit, or provide for the installation or utilization of, a well within the Village if any of the following exceptions applies and the requirements of the exception are complied with:
(1) This ordinance does not apply to wells established or to be established by or on behalf of the Village of Bear Lake. Any future wells to be established by the Village of Bear Lake must be done only after a public meeting and a majority vote of the Council of the Village of Bear Lake.
(2) Water service unavailable. If Village water service is unavailable to a premises in the Village, any well on that premises shall be tested annually by a laboratory that is acceptable to and for chemical parameters specified by the DWRPD. The results of that test shall be promptly submitted to the County Health Department for review. If the County Health Department determines that the well is safe and suitable for use, and proof of that determination is delivered annually to the Village, that well may be used. No split or conveyance of property shall be effective to render Village water service unavailable.
(3) Groundwater monitoring. A well may be used for groundwater monitoring and/or remediation as part of response activity approved by the DEQ.
(4) Construction de-watering. A well may be used for construction de-watering, if the following conditions are satisfied:
a.The use of the de-watering well will not result in unacceptable exposure to contaminated groundwater, possible cross-contamination between saturated zones, or hydro geological effects on contaminated groundwater plumes, 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, and 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 de-watering well, as provided in Part 201 of the Natural Resources and Environmental Protection Act, being MCL 324.20101 to 324.20142.

(4) Processing activities. If the DEQ determines that the use of a well for non-contact heating, cooling or processing activities will not cause the future migration of contaminated groundwater, and proof of that determination is delivered to the Village, the Village manager may execute a waiver allowing the use of the well for the permitted purposes upon such terms and conditions that the DEQ identifies.

(5) Public emergencies. A well may be used in the event of a public emergency.

(e) Sources of water supplied for human consumption. Except as provided in subsection (d), water supply for human consumption in the Village shall be delivered only from the Village water system or by the use of bottled water delivered or purchased in containers under conditions approved by the DWRPD or other appropriate agency. For the purposes of this subsection, the term “human consumption” means use in food or drink intended for human ingestion, use in food preparation or food service, use in the interior of a dwelling or dwelling unit for household purposes, and use in any building for personal washing or irrigation.

(f) Wells affecting contaminated groundwater. No well may be used or installed at any place in the Village 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 DEQ or United States Environmental Protection Agency approved groundwater monitoring or remediation system.

(g) Non-conforming wells. Any existing well, the use of which is prohibited by subsection (b), shall be allowed to continue to operate subject to the following conditions:
(1) Until such time as there is a known adverse impact on ground water movement;
(2) The water from the well is determined to be contaminated and/or not fit for human consumption. The homeowner/property owner shall be responsible for having their well and the water inspected yearly, commencing one (1) year from the passage of this Ordinance. All inspections shall be filed with the Clerk for the Village of Bear Lake.
(3) The well is abandoned and/or unused for a period of twelve (12) months or longer; and
(4) The well requires any improvements in the aggregate over an amount of Five Hundred and no/100 ($500.00) Dollars in any six (6) month period of time. A permit to continue operating the well shall be required by the Village of Bear Lake. Any non-confirming well may not be enlarged or expanded. Any non-conforming wells failing to meet the exceptions listed herein shall be plugged or abandoned in conformance with all applicable laws, rules, regulations, permit and license requirements, and 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.

(h) Enforcement. The Village shall be responsible for the enforcement of this section.
(i) Penalty, permit denial, remedies.
(1) Misdemeanor. Any violation of this section shall be a misdemeanor punishable by a fine not to exceed $500.00 and costs of prosecution or by imprisonment in the county jail for not to exceed 90 days, or by both such fine and imprisonment in the discretion of the court. Each act of violation and each day upon which such violation shall occur or shall continue shall constitute a separate offense.
(2) Building or improvement permit. No permit for building, alteration, or other required permit for a premises or improvement thereon shall be issued by the Village for any premises found in violation of this section, or where it is proposed to install or use a well in violation of this section.
(3) Injunctive relief. The Village may further enforce this section by action seeking injunctive relief. Any well in violation of this section shall be deemed a nuisance subject to abatement.

(j) Miscellaneous.
(1) Severability. If any subsection, sentence, clause, phrase, or portion of this section is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions of this section. The Village shall promptly notify the DEQ upon the occurrence of any event described in this paragraph. Secs. ____________. – Reserved.

VILLAGE OF BEAR LAKE Ordinance No. 4 of 2015 Village of Bear Lake Municipal Civil Infraction Actions and Citations, Municipal Ordinance Violations Bureau

A) Definitions. As used in this section:

1) “Act” means Act 236 of the Public Acts of 1961, as amended
2) “Authorized village official” means a police officer or other personnel of the village authorized by these codified ordinances or any ordinance to issue municipal civil infraction citations or municipal ordinance violation notices.
3) “Bureau” means the village Municipal Ordinance Violations Bureau, as established by this chapter.
4) “Municipal civil infraction action” means a civil action in which the defendant is alleged to be responsible for a municipal civil infraction.
5) “Municipal civil infraction citation” or “citation” means a written complaint or notice prepared by an authorized village official, directing a person to appear in court regarding the occurrence or existence of a municipal civil infraction violation by the person cited.
6) “Municipal ordinance violation notice” or “violation notice” means a written notice, other than a citation, prepared by an authorized village official, directing a person to appear at the village Municipal Ordinance Violations Bureau and to pay the fine and costs, if any, prescribed for the violation by the schedule of civil fines adopted by the village, as authorized under Section 8396 and 8707(6) of the Act.

B) Commencement of Municipal Civil Infraction Actions. A municipal civil infraction action may be commenced upon the issuance by an authorized village official of:
1) A municipal civil infraction citation directing the alleged violator to appear in court; or
2) A municipal ordinance violation notice directing the alleged violator to appear at the village Municipal Ordinance Violations Bureau.

C) Issuance and Service of Municipal Civil Infraction Citations. Municipal civil infraction citations shall be issued and served by authorized village officials as follows:
1) The time for appearance specified in a citation shall be within a reasonable time after the citation is issued.
2) The place for appearance specified in a citation shall be the district court.
3) Each citation shall be numbered consecutively and shall be in a form approved by the State Court Administrator. The original citation shall be filed with the district court. Copies of the citation shall be retained by the village and issued to the alleged violator as provided by Section 8705 of the Act.
4) A citation for a municipal civil infraction, signed by an authorized village official shall be treated as if it were made under oath if the violation alleged in the citation occurred in the presence of the official signing the complaint and if the citation contains the following statement immediately above the date and signature of the official “I declare under the penalties of perjury that the statements above are true to the best of my information, knowledge and belief.”
5) An authorized village official who witnesses a person commit a municipal civil infraction shall prepare and subscribe, as soon as possible and as completely as possible, an original and required copies of a citation.
6) An authorized village official may issue a citation to a person if:
a) Based upon the investigation, the official has reasonable cause to believe that the person is responsible for a municipal civil infraction;
b) Based upon investigation of a complaint by someone who allegedly witnessed the person commit a municipal civil infraction, the official has reasonable cause to believe that the person is responsible for such an infraction and if the prosecuting attorney or village attorney approved in writing the issuance of the citation.
7) Municipal civil infraction citations shall be served by an authorized village official as follows: a) Except as provided by paragraph “C) 7) b)”, hereof, an authorized village official shall personally serve a copy of the citation upon the alleged violator.
b) If the municipal civil infraction action involves the use or occupancy of land, a building or other structure, a copy of the citation does not need to be personally served upon the alleged violator, but may be served upon an owner or occupant of the land, building or structure by posting the copy on the land or attaching the copy to the building or structure. In addition, a copy of the citation shall be sent by certified mail, return receipt, to the owner of the land, building or structure at the owner’s last known address.

D) Contents of Municipal Civil Infraction Citations.
1) A municipal civil infraction citation shall contain the name and address of the alleged violator, the municipal civil infraction alleged, the place where the alleged violator shall appear in court, the telephone number of the court and the time at or by which the appearance shall be made.
2) Further, the citation shall inform the alleged violator that he or she may do one of the following:
a) Admit responsibility for the municipal civil infraction by mail, in person or by representation, at or by the time specified for appearance.
b) Admit responsibility for the municipal civil infraction “with explanation” by mail, by the time specified for appearance, or in person or by representation.
c) Deny responsibility for the municipal civil infraction by doing either of the following:
(1) Appearing in person for an informal hearing before a judge or district court magistrate, without the opportunity of being represented by an attorney, unless a formal hearing before a judge is requested by the village.
(2) Appearing in court for a formal hearing before a judge, with the opportunity of being represented by an attorney.
(3) The citation shall also inform the alleged violator of all of the following:
a) That if the alleged violator desires to admit responsibility “with explanation” in person or by representation, the alleged violator must apply to the court in person, by mail, by telephone or by representation within the time specified for appearance and obtain a scheduled date and time for an appearance.
b) That if the alleged violator desires to deny responsibility, the alleged violator must apply to the court in person, by mail, by telephone or by representation within the time specified for appearance and obtain a scheduled date and time to appear for a hearing, unless a hearing date is specified on the citation.
c) That a hearing shall be an informal hearing unless a formal hearing is requested by the alleged violator or the village.
d) That at an informal hearing the alleged violator must appear in person before a judge or district court magistrate, without the opportunity of being represented by an attorney.

4) That at a formal hearing the alleged violator must appear in person before a judge with the opportunity of being represented by an attorney.

5) The citation shall contain a notice in boldfaced type that the failure of the alleged violator to appear within the time specified in the citation or at the time scheduled for a hearing or appearance is a misdemeanor and will result in entry of a default judgment against the alleged violator on the municipal civil infraction.

E) Municipal Ordinance Violations Bureau.

1) Establishment. The village establishes a Municipal Ordinance Violations Bureau, as authorized under Section 8396 of the Act, to accept admissions of responsibility for municipal civil infractions in response to municipal ordinance violation notices issued and served by authorized village officials, and to collect and retain civil fines and costs as prescribed by these codified ordinances or any ordinance.
2) Location; supervision, rules and regulations; employees. The Bureau shall be located at village hall and shall be under the supervision and control of the treasurer. The treasurer, subject to the approval of the council, shall adopt rules and regulations for the operation of the Bureau and appoint any necessary qualified employees to administer the Bureau.
3) Disposition of violations. The Bureau may dispose only of municipal civil infraction violations for which a fine has been scheduled and for which a municipal ordinance violation notice has been issued. The fact that a fine has been scheduled for a particular violation shall not entitle any person to dispose of the violation at the Bureau. Nothing in this section shall prevent or restrict the village from issuing a municipal civil infraction citation for any violation or from prosecuting any violation in a court of competent jurisdiction. No person shall be required to dispose of a municipal civil infraction violation at the Bureau, and may have the violation processed before a court of appropriate jurisdiction. The unwillingness of any person to dispose of any violation at the Bureau shall not prejudice the person or in any way diminish the person’s rights, privileges and protection accorded by law.
4) Scope of authority. The scope of the Bureau’s authority shall be limited to accepting admissions of responsibility for municipal civil infractions and collecting and retaining civil fines and costs as a result of those admissions. The Bureau shall not accept payment of a fine from any person who denies having committed the offense or who admits responsibility only with explanation, and in no event shall the Bureau determine, or attempt to determine, the truth or falsity of any fact or matter relating to an alleged violation.

F) Issuance and Service of Municipal Ordinance Violation Notices.
1) Contents. Municipal ordinance violation notices shall be issued and served by authorized village officials under the same circumstances and upon the same persons as are provided for municipal civil infraction citations in paragraph “C) 7)” hereof. In addition to any other information required by these codified ordinances or any other ordinance, the violation notice shall indicate the time by which the alleged violator must appear at the Bureau, the methods by which an appearance may be made, the address and telephone number of the Bureau, the hours during which the Bureau is open, the amount of the fine scheduled for the alleged violation and the consequences for failure to appear and pay the required fine within the required time.
2) Appearance; payment of fines and costs. An alleged violator receiving a municipal ordinance violation notice shall appear at the Bureau and pay the specified fine and costs at or by the time specified for appearance in the municipal ordinance violation notice. An appearance may be made by mail, in person or by representation.
3) Procedure where admission of responsibility is not made or fine is not paid. If an authorized village official issues and serves a municipal ordinance violation notice and if an admission of responsibility is not made and the civil fine and cost, if any, prescribed by the schedule of fines for the violation are not paid at the Bureau, a municipal civil infraction citation may be filed with the district court and a copy of the citation may be served by certified mail, return receipt, upon the alleged violator at the alleged violator’s last known address. The citation filed with the court does not need to comply in all particulars with the requirements for citations as provided by Sections 8705 and 8709 of the Act, but shall consist of a sworn complaint containing the allegations stated in the municipal ordinance violation notice and shall fairly inform the alleged violator how to respond to the citation.

G) Civil Penalties

1) A schedule of civil fines payable to the Municipal Ordinance Violations Bureau for admissions of responsibility by persons served with municipal ordinance violation notices is hereby established. The fines for municipal civil infractions shall be as stated in the various Ordinances. 2) A copy of the schedule, as amended from time to time, shall be posted at the Municipal Ordinance Violations Bureau.
3) A separate offense shall be deemed committed each day or on which a violation or noncompliance occurs or continues, unless otherwise provided.

H) Effective Date and Adoption This ordinance shall become effective after its publication as required by law.