VILLAGE OFÂ MARCELLUS
CASS COUNTY, MICHIGAN
ORDINANCE NO. 252
Adopted: June 11, 2024
Effective: July 20, 2024
AN ORDINANCE TO AMEND THE VILLAGE OF MARCELLUS GROUNDWATER PROTECTION ORDINANCEÂ AND TO REPEAL ALL ORDINANCES OR PARTS THEREOF IN CONFLICT HEREWITH
(Including Ordinance No. 214)
The Village of Marcellus Ordains:
Article I. General Provisions
Section 1 – Purposes
The purposes of this Ordinance are to:
- Protect existing and potential groundwater supplies, aquifers and groundwater recharge areas of the Village that are or may be used as a source for the public drinking water supply.
- Protect the public health, safety and welfare of Village residents and to protect property values, quality of life and natural resources related to groundwater quality management. The Village finds it a matter of public concern and benefit to protect groundwater and properties within the Village and to reduce the future need for public expenditures relating to water quality and public water well maintenance. Both the quality and quantity of groundwater are a matter of public concern.
- Establish minimum groundwater management requirements and controls to accomplish, among other objectives, the following:
- To reduce the contribution of pollutants to groundwater by any person, (as defined in this ordinance);
- To establish legal authority of the Village to conduct all inspection, surveillance and monitoring procedures necessary to ensure compliance with this ordinance; and,Â
- To provide appropriate legal and equitable remedies for failure to comply with this ordinance.
Section 2 – Findings
The Village of Marcellus has determined that groundwater regulation and management is a matter of public health, safety and welfare because:
- The ground water underlying the Village is the sole source of the Village’s drinking water.
- Ground water aquifers are integrally connected with, and flow into, the surface waters, lakes, and streams that constitute significant public health, recreational and economic resources of the Village.
- Spills and discharges of petroleum products, sewage and other hazardous/toxic substances threaten the quality of the ground water supplies and other water-related resources, posing potential public health and safety hazards and threatening economic losses.
Therefore, the Village of Marcellus has enacted this ordinance to:
- Preserve and maintain existing and potential ground water supplies, aquifers and ground water recharge areas of the Village, and protect them from adverse development or land use practices.
- Preserve and protect present and potential sources of drinking water supply for public health and safety.
- Conserve the natural resources of the Village.
- Protect the financial investment of the Village in its drinking water supply system and to meet state requirements for wellhead protection.
- Assure that state regulations that help protect ground water are implemented consistently when new or expanded development proposals are reviewed and considered.
Section 3 – Definitions
- Aquifer –Â Â A geologic formation, group of formations or part of a formation capable of storing and yielding a significant amount of ground water to wells or springs.
- Best Management Practices – Measures, either managerial or structural, to prevent or reduce pollution inputs to soil, surface water or ground water.
- DEVELOPMENT: The conducting of any construction, reconstruction, alteration of surface or structure or change of land use or intensity of use.
- Environmental Contamination – The release of a hazardous/toxic substance, or the potential release of a discarded hazardous/toxic substance, in a quantity, which is or may become injurious to the environment, or to public health, safety, or welfare.
- Facility – Any building, structure or installation from which there may be a discharge of pollutants.
- Hazardous/Toxic Substance – A chemical or other material substance which is or may become injurious to the public health, safety or welfare, or to the environment. The term “hazardous/toxic substance” includes, but is not limited to, hazardous/toxic substances as defined in the comprehensive environmental response, compensation, and liability act of 1980, Public Law 96-510, 94 Stat. 2767; “hazardous/toxic waste” as defined in the hazardous/toxic waste management act, Act No. 64 of the Public Acts of 1979, being sections 299.501 to 299.551 of the Michigan Compiled Laws; “petroleum” as defined in the leaking underground storage tank act, Act No. 478 of the Public Acts of 1988, being Sections 299.831 to 2999.850 of the Michigan Compiled Laws, and as any of said acts may hereafter be amended or revised.
- Primary Containment Facility – A tank, pit container, pipe, or vessel of first containment of a hazardous/toxic substance.
- Secondary Containment Facility – A second tank, catchment pit, pipe or vessel that limits and contains liquid or chemical leaking or leaching from a primary containment area. Containment systems shall be constructed of materials of sufficient thickness, density and composition to prevent the discharge to land, ground water, or surface waters, of any pollutant that may emanate from said storage container or containers.
Section 4 – Scope
These provisions shall apply to all business and non-business facilities, including private and public facilities, which use, store or generate hazardous/toxic substances in quantities greater than 100 kilograms per month (equal to about 25 gallons or 220 pounds), and which require site plan review under the provisions of this ordinance.
Section 5 – General Provisions
- Ground Water Protection Standards
- The project and related improvements shall be designed to protect the natural environment, including lakes, ponds, streams, wetlands, flood plains, surface water and ground water, and to ensure the absence of an impairment, pollution, and/or destruction of water, natural resources, and the public trust therein.
- Storm water management and drainage facilities shall be designed to retain the natural retention and storage capacity of any wetland, water body, or watercourse, and shall not increase flooding, or the potential for environment contamination, on-site or off-site, and shall not result in loss of the use of property by any third party.
- General purpose floor drains shall be connected to a public sewer system, an on-site holding tank or a system authorized through a State surface or ground water discharge permit.
- Sites at which hazardous/toxic substances are stored, used, or generated shall be designed to prevent spills and unpermitted discharges to air, surface of the ground, surface water, ground water, lakes, streams, rivers or wetlands.
- State and Federal agency requirements for storage, spill prevention, record keeping, emergency response, transport and disposal of hazardous/toxic substances and polluting materials shall be met. No discharges to ground water, including direct and indirect discharges, shall be allowed without applicable permits and approvals.
- In determining a conformance with the standards in this ordinance, the Village shall take into consideration the publication entitled “Small Business Guide to Secondary Containment,” Clinton River Watershed Council, 1991, and other applicable references.
- Bulk storage of pesticides shall be in accordance with Regulation No. 640, Commercial Pesticide Bulk Storage, Act 171 of the Public Acts of 1976, as amended, being Section 286.569, or as may hereafter be further amended or revised.Â
- Above Ground Storage and Use Areas for Hazardous/Toxic Substances andÂ
Polluting Material:
- Primary containment of hazardous/toxic substances shall be product tight.
- Secondary containment shall be sufficient to store the substance for the maximum anticipated period necessary for the recovery of any released substance. Products held in containers of 10 gallons or less packaged for retail use shall be exempt from this item.
- Outdoor storage of hazardous/toxic substances shall be prohibited except in product-tight containers that are protected from weather, leaks, accidental damage and vandalism, including an allowance for the expected accumulation of precipitation.
- Out buildings, storage rooms, sheds and pole barns which are utilized as secondary containment shall not have floor drains which outlet to soil, public sewage system, surface water, ground water or nearby drains or natural water bodies unless a surface or ground water discharge permit has been obtained pursuant to applicable requirements of Michigan Public Act 451 of 1994.
- Areas and facilities for loading and unloading of hazardous/toxic substances, as well as areas where such materials are managed and stored, shall be designed and constructed to prevent unpermitted discharges to floor drains, rivers, lakes, wetland, surface water, ground water or soils.
- Underground Storage Tanks
1. Existing and new underground storage tanks shall be registered with the authorized State agency in accordance with applicable requirements of the U.S. Environmental Protection Agency and the Michigan Department of Environment, Great Lakes, and Energy (EGLE) Storage Tank Division.
2. Installation, operation, maintenance, closure, and removal of underground storage tanks shall be in accordance with applicable requirements of the Michigan Department of Environmental Quality Storage Tank Division. Leak detection, corrosion protection, spill prevention and overfill protection requirements shall be met. During operation, records of monthly monitoring or inventory control must be retained and available for review by Village officials for at least five years.
- Underground storage tanks taken out of service permanently shall be emptied and permanently closed in accordance with the requirements of the Michigan Department of Environmental Quality.
- Well Abandonment
Out-of-service water wells shall be sealed and abandoned in accordance with applicable requirements of the Michigan Department of Environment, Great Lakes, and Energy (EGLE).
- Site with Contaminated Soils and/or Ground Water
1. Site plans shall take into consideration the location and extent of any contaminated soils and/or ground water on the site, and the need to protect public health and the environment.
- Development shall not be allowed on or near contaminated areas of a site unless information from the Michigan Department of Environment, Great Lakes, and Energy (EGLE) is available indicating that cleanup will proceed in a timely fashion.
- Construction Standards
1. The general contractor, or if none, the property owner, shall be responsible for assuring that each contractor or subcontract evaluates each site before construction is initiated to determine if any site conditions may pose problems for managing any hazardous/toxic substances. For instance, handling hazardous/toxic substances in proximity to water bodies or wetlands may be improper.
2. Hazardous/toxic substances stored on the construction site during the construction process, shall be stored in a location and manner designed to prevent spills and unpermitted discharges to air, surface of the ground, surface water, ground water, lakes, streams, rivers, or wetlands. Any storage container of over 25 gallons or 220 pounds, containing hazardous/toxic substances shall have secondary containment.
- If the contractor will be storing or handling hazard substances that require a manufacturer’s material safety data sheet, the contractor shall familiarize itself/him/herself with the sheet and shall be familiar with procedures required to contain and cleanup any release of the hazardous/toxic substance.
- Upon completion of construction, all hazardous/toxic substances and containment systems no longer used, or not needed in the operation of the facility shall be removed from the construction site by the responsible contractor, and shall be disposed of, recycled or reused in a proper manner as prescribed by applicable State and Federal Regulations.
- Maintenance
In areas where hazardous/toxic substances are managed, structural integrity of the building must be maintained to avoid inadvertent discharge of chemicals to soil, surface water and ground water. Cracks and holes in floors, foundations, and walls must be repaired/sealed/resealed in areas where chemicals are handled or stored.
Section 6 – Review Requirements
- Specify location and size of interior and exterior areas(s) and structure(s) to be used for on-site storage, use, loading/unloading, recycling or disposal of hazardous/toxic materials.
- Specify location of all underground and above ground storage tanks for such uses as fuel storage, waste oil holding tanks, hazardous/toxic materials storage, collection of contaminated storm water or wash water and all similar uses.
- Specify location of exterior drains, dry wells, catch basins, retention/detention areas, sump pumps and other facilities designed to collect, store or transport storm water or wastewater. The point of discharge for all drains and pipes shall be specified on the site plan.
- Specify areas on the site plan that the applicant has reason to believe are contaminated, together with a report on the status of site cleanup, if applicable.
- Submit “Hazardous/Toxic Materials Reporting Form for Site Plan Review.”
- Submit “State/County Environmental Permits Checklists.”
Section 7 – Conditions for Approval or Denial
The Village’s Planning Commission, upon reviewing a site plan, shall take oe of the following actions:
- Approval – If the site plan meets all the Village’s Zoning Ordinance and related development requirements and standards, the Planning Commission shall record such approval and the Chair shall sign three copies of the site plan, filing one in the official site plan file, forwarding one to the Building Inspector, and providing one to the applicant.
- Disapproval – If the site plan does not meet Zoning Ordinance and related development requirements and standards, the Planning Commission shall record the reasons for denial. The applicant may subsequently refile a corrected/revised site plan under the same procedures followed for the initial submission.
- Conditional Approval – Conditions on approval of the site plan may be imposed, meeting the requirements specified in the Michigan Zoning Enabling Act. Conditions must be:
1. Designed to project natural resources, and the health, safety and welfare  and the social and economic well-being of residents, neighbors and the community as a whole.
2. Related to the valid exercise of the police power
3. Necessary to meet the purposes of the Zoning Ordinance and related to the  standards established in the Village’s Zoning Ordinance for the land use or activity under consideration.
- Table – if the site plan is found to be in violation of requirements, incomplete with respect to necessary information or presenting a unique situation, the Planning Commission may hold the site plan over until a public hearing can be scheduled to determine specific improvement requirements the Planning Commission determines are necessary but the applicant is not in agreement with.
Section 8 – Exemptions and Wavers
The transportation of any hazardous/toxic substance shall be exempt from the provisions of this ordinance, provided the transporting motor vehicle or railroad conveyance is in continuous transit, or that it is transporting substances to or from a State licensed hazardous/toxic waste treatment, storage or disposal facility.
Section 9 – Appeals
The Village Council may grant a special permit if it finds by written decision that the proposed use:
- Meets the intent of this section as well as its specific criteria;
- Will not, during construction or thereafter, have an adverse impact on any aquifer or recharge area in the district;
- Will not adversely affect an existing or potential domestic or municipal water supply; and is consistent with existing and probable future development of surrounding areas. In addition to the findings described above, the decision shall include an explanation of the reason for any variation from the requirements.
Section 10 – Penalties and Costs
- Violations/Penalties and Costs
Any person or persons which is found to have violated an Order of the Village or its Agent who willfully or negligently fails to comply with any provision of this Ordinance and the orders, rules, and regulations and permits issued thereunder, shall be fined upon conviction not more than five hundred ($500.00) dollars.
Each day on which a violation shall occur, or continue to occur, shall be deemed a separate and distinct offense. In addition to the penalties provided herein, the Village may recover reasonable attorney’s fees, court costs, court reporters’ fees and other expenses of litigation by appropriate suit at law against the person found to have violated this ordinance or the orders, rules, regulations and permits issued thereunder.
Any person or persons violating any of the provisions of this ordinance shall be liable to the Village for any expense, loss, or damage caused by such violation. The Village shall bill the person or persons for the costs incurred by the Village (caused by the violation), and if not promptly reimbursed, the Village may file a civil action for damages and recovery/reimbursement thereof, including costs and expenses in the manner specified in the paragraph immediately above, in a court of competent jurisdiction.
Section 11 – Severability
If any provision, paragraph, word, section or article of this ordinance is invalidated by any court of competent jurisdiction, the remaining provisions, paragraphs, words, sections and articles shall not be affected and shall continue in full force and effect.
Section 12 – Conflict/Repeals
All Village codes and ordinances or parts of codes and ordinances of the Village of Marcellus inconsistent herewith shall be and are hereby repealed, including Ordinance No. 214.
Section 13 – Publication
This ordinance shall be published once, in summary form or in full, in The Marcellus News, a newspaper of general circulation within the boundaries of said Village and qualified under State law to publish legal notices, within ten (10) days of its adoption. The same shall be recorded in the Ordinance Book of said Village and such recording authenticated by the signatures of the President and Village Clerk.
Section 14 – Effective Date
This Ordinance shall take effect thirty (30) days after publication following adoption.
Date: June 11, 2024Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Dennis Irwin, Village President
Date: June 11, 2024Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Jacqueline A. Terrill, Village Manager/Clerk
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