HomeMy WebLinkAboutResolutions - 1996.04.25 - 24645Miscellaneous Resolution #96096
BY: Public Services Committee, Shelley Taub, Chairperson
RE: IMPLEMENTATION OF THE RESIDENTIAL WATER TASK FORCE PLAN
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
WHEREAS on October 30, 1995, the Chairperson of the Board of
Commissioners announced the formation of the Residential Water Task
Force, for the purpose of investigating the current well water
policies; and
WHEREAS the Residential Water Task Force, appointed on
November 9, 1995, (consisting of three commissioners, one
representative of the Human Services Department, two registered
well drillers, two township supervisors, one township code
official, one realtor, one environmentalist and one citizen with
well contamination) was charged with three primary tasks:
1) To review all statutes and county policies allowing and/or
requiring county and local municipality responsibilities to
protect, test or inspect single-family home well installations
and the water they provide and to determine what the private
sector requires for their participation.
2) To identify and record substantiated problems, the type and
number of documented occurrences and the resulting problems
they caused.
3) To evaluate what is currently being provided and make
recommendations for improvements, establishing methods of
evaluation for existing and recommended changes to guarantee
accountability and quality assurance.
WHEREAS the Task Force has submitted its final recommendations
to the Public Services Committee.
NOW THEREFORE BE IT RESOLVED that the Public Services
Committee recommends that the Board of Commissioners adopt the
attached Final Recommendations of the Residential Water Task Force
Plan.
BE IT FURTHER RESOLVED that the Oakland County Health Division
implement the Plan as outlined in the aforementioned Report.
BE IT FURTHER RESOLVED that this Plan be implemented for one
year, after which time it shall be reviewed by the Board of
Commissioners.
Chairperson, on behalf of the Public Services Committee, I
move adoption of the foregoing resolution.
ES COMMITTEE
Oakland County Residential Water Task Force - Final
Recommendations
Residential Water Well Installations and Abandonments
Provided under the current Well Code that is in effect for Oakland County, the "Michigan Water
Well Construction and Pump Installation Code" of 1994, are rules, stringent requirements, codes
to be enforced, laws, and penalties. Under this code, the Oakland County Health Department has
the legal right and authority to appropriately enter, inspect and test well installation or abandonment
on private property with or without a complaint. The Health Department has the authority to order
the responsible person to make the proper corrections and to report violations to the Michigan State
Health Department, the state well licensing (registration) commission and, when appropriate, the
Attorney General or County Prosecuting Attorney.
Under the "Michigan Water Well Construction and Pump Installation Code" of 1994, the Oakland
County Health Department can check for proper well grouting, well log submittals for new homes
(check against septic field permits), detect whether or not the well is sand producing, determine if
the well produces minimum quantities, if the customer is satisfied (in the legal sense), and site for
any violations, order proper corrections, and enforce the codes/laws governing well installations and
abandonments.
If a municipality has adopted the BOCA plumbing code, or a similar code, the homeowner or
building permit holder may be responsible for having the water tested, unless the municipality has
deleted, modified or amended such sections. Under the BOCA plumbing code, for new homes, the
local code official is responsible for insuring that the water has been tested and the health official
is responsible for setting standards or approval prior to the Occupancy Permit being issued.
A local municipality (Township, City, or Village) has the right and authority to adopt a local code
for their municipality, that regulates the installation or abandonment of a well, pump, or pumping
equipment, that is more restrictive and stringent than the state's laws and rules under the "Michigan
Water Well Construction and Pump Installation Code" of 1994.
A lack of knowledge, coordination, education, and enforcement of the current codes appear to be
major areas of difficulty. It seems that much of the information, responsibilities and laws are not
widely known and subsequently not utilized. Also, people who plan to drill a well need information
to be able to make good decisions and insure accountability from a well driller/contractor.
The state supplies information as to where contamination has been found or is suspected. An 'alert'
map should be developed to let well drillers, citizens, contractors and business and property owners
know where these areas are. This information could greatly assist people as to what areas to avoid,
how deep to drill their wells, and what they should test their water for in new and existing homes,
businesses and community wells. Oakland County can use a representative, designee, professional
services contract or the local code official (with local cooperation) to perform testing or any other
Residential Water Task Force Final Recommendations 3/19/96 1
potential additional inspection or testing responsibilities.
Our recommendation is that the following plan be put in place for one year, after which time it
should be reviewed by the Oakland County Board of Commissioners to determine if it is adequate,
efficient and effective:
1) OC establish a written Well Policy in addition to the State Code,
with limited requirements, minimal additional governmental powers,
and low cost.
2) OC establish written policies and procedures for OC, its
representative or designee, to investigate and enforce the current
code, the "Michigan Water Well Construction & Pump Installation
Code" (MW'WCPI Code) of 1994, and any other additional County
policies or code requirements.
3) Require the creation of an 'Alert Map,' coordinate current efforts,
establish written policies and procedures, formalize and increase
communication, and develop and distribute educational information.
(See Education and Communication/Coordination Sections). This
plan could be augmented by requesting local municipalities (code
officials) to enforce water tests prior to issuing "Occupancy
Permits." If a community choose not to have the water tested, the
county could require the water to be tested.
4) A well-written educational package should be required to be given
to, and signed for by, the well driller, builder or homeowner, before
a new or replacement well is drilled. The well driller or builder
should pass the package on to the homeowner. The educational
package could be made available at either the local level or the
County. Pickup of the educational package could act as notification
of where a well is going to be or has been drilled.
5) Non-mandatory well installation evaluations, for a fee, could be
offered to residents by the OCHD or the private sector.
Residential Water Task Force Final Recommendations 3/19/96 2
6) Oakland County Board of Commissioners establish and appoint a
perpetual advisory board to assist in the development and
implementation of written policies, procedures and plans to enforce
the existing NIWWCPI Code. The makeup of the advisory board is
to be patterned after that in the MWWCPI Code.
Additional task force findings and recommendations are listed below and in the attached 6-page
report entitled "Installation and Abandonment of Wells - Problems/Solutions". The task force
suggests that the Board of Commissioners appropriate standing Committee(s) get quarterly updates
on the progress of the recommended solutions.
Furthermore, the Task Force recommends:
The establishment of a Well Educational & Informational Task Force or Study Group consisting
mainly of 5 to 6 members of the current Task Force with the responsibility to:
A. Design an educational and informational package for distribution to all persons who
have or plan to have a water well drilled.
Design an education and informational package for all persons who have a well in
areas of high potential risk of contamination.
C. Design an "alert" map for water well areas of known or suspected contamination and
areas of high potential risk. (Similar to Washtenaw County's).
D. Initiate dialogue with area colleges, universities and trade schools, to determine if
there are any classes which could offer expertise which could be of assistance to
Oakland County.
E. Send out a survey to find out which cities, villages and townships are participating
in any type of well water testing or inspection program. Also, survey what codes
have been adopted, with amendments or deletions from the standard building or
plumbing codes, that would affect water testing requirements.
S.
Residential Water Task Force Final Recommendations 3/19/96 3
INSTALLATION AND ABANDONMENT OF WELLS
PROBLEMS WITH PRESENT SYSTEM: SOLUTIONS:
I. COMMUNICATION/COORDINATION: Oakland County Board of Commissioners establish and appoint a perpetual
advisory board to assist in the development and implementation of written
policies, proced_yres and plans to enforce the existing Michigan Water Well
1. Lack of coordination efforts between state, county, local Construction and Pump Installation Code (MWWCPI Code), and to gather
communities, well driller, Realtors, and home owners. information so as to coordinate efforts between state, county, local .
communities, well drillers, Realtors and homeowners. The makeup of the
2. Lack of centralized data and dissemination of advisory board to be patterned after that in the IvIWWCPI Code.
information. .
A. OC, its representative or designee, track and make readily
3. Lack of mechanism to pass on well information to the available information on contaminated wells The information
next property owner, should include the parcel I.D., what the contaminate is, the level, depth
of well, if known, etc. .
4. Lack of completion and submittal to proper agency of
all well logs. B. OC, its representative or designee, track areas of potential concern
with special problems such as arsenic, nitrates, salt or lack of a
5. Lack of reporting mechanisms.
usable aquifer. This could save an owner the expense of developing
an unsuitable water supply.
6. Lack of a system to notify licensed drillers of any .
reported contaminants or contaminated wells in area to C. OC, its representative or designee, develop an "alert" map of areas
help coordinate efforts. with special man-made and potential naturally-occurring
problems. The information could be used in a preventative and
7. Lack of a system to notify surrounding homeowners proactive way as opposed to reactive or after a problem is created.
when contaminants are found in neighboring wells.
0. OC , its representative or designee, sponsor an area-wide testing
program in those areas of concern for arsenic, nitrates, salt, etc. .
(OC to participate in limited free program offered by the state. Also,
homeowners could voluntarily participate in and bear the costs for
other programs.) .
E. Request the state and/or county to require that water testing
, information and results be included as part of the well logs.
INSTALLATION & ABANDONMENT OF WELLS Page 1 3/19/96
* PROBLEMS WITH PRESENT SYSTEM: SOLUTIONS:
F. OC, its representative or designee, track and make readily
available MDPH information and test results showing
contamination.
G. OC, its representative or designee, request that private labs share
general knowledge of areas of concern. (This can be done without
violating a private confidence.) .
H. OC , its representative or designee, develop key informational and
educational materials for homeowners (other counties, KELLOGG
and GEM have these materials available).
OC, its representative or designee, use septic permits issued for
new homes to also track new well installation and to check for
violations. (County can spot check (up to 90%) for compliance to the
current MI WWCF'I Code.) .
J. Establish a system for communities to notify OCHD when homes •
are connected to municipal water supply (use Auburn Hills system
as prototype). .
K. OC ask which communities have adopted a building or plumbing
code regarding water testing for new and/or existing homes.
L. Improve technology used by OCHD to test drinking water samples
or contract out for such services. (For example, the state uses the
"COLILERT" method for drinking water tests,which is more accurate, .
faster, and easier to perform.)
INSTALLATION & ABANDONMENT OF WELLS Page 2 3/19/96
4,
PROBLEMS WITH PRESENT SYSTEM: SOLUTIONS:
H. EDUCATION Oakland County Board of Commissioners establish and appoint a perpetual
advisory board to assist in the development and implementation of written
policies, procedures and plans to enforce the existing MWWCPI Code, and
I. Lack of education for citizens on proper installation, to gather information so as to coordinate efforts between state, county, local
maintenance and repair of septics and wells, communities, well drillers, Realtors and homeowners. The makeup of the
advisory board to be patterned after that in the MWWCPI Code.
2. Lack of education for citizens to stress the importance
of using a properly licensed well driller, providing A. OC, its representative or designee, continuously monitor and
access to up -to-date list of well drillers licensed to work provide updates, on a quarterly basis, to registered well drillers
in Oakland County. when contaminated site(s) are found.
3. Lack of educational materials for well drillers, builders, B. OC, its representative or designee, direct mail homes and
homeowners, etc., on proper abandonment and businesses that are at high potential risk of having water
installation of wells and dewatering wells. contamination. The mailing should include details on how to obtain
testing materials, collect water sample and where to have tested_
4. Lack of educational material for public on what data is
available to them and where to access it when C. Many educational materials should be distributed through
considering the purchase of property or installation of a partnership agreements with other key agencies. For example, •
new well (contaminants in area, naturally sensitive local governmental units, real estate brokers, well drillers, schools, etc
features, well depths of neighboring wells, proper Local governments can distribute informational materials, such as .
procedures as noted in C above), enclosures with tax bills, for little or no cost. This would give
information to homeowners as well as land owners before they build.
5. Lack of education for public on where to go and how to Also, notify all parties of availability of classes.
properly test water for contaminants.
D. OC, its representative or designee, put all current information
known on computer and make it easily accessible for homeowners
6. Lack of training and retraining programs for and local officials as soon as possible. (A program needs to be .
enforcement officers. written to access computer information provided by the state and be
made accessible to well drillers, homeowners and businesses.)
7. Lack of education for everyone concerned on what the
laws and policies are governing well drilling,
installation, maintenance, repair, dewatering and
abandonment of wells.
INSTALLATION & ABANDONMENT OF WELLS Page 3 3/19/96
PROBLEMS WITH PRESENT SYSTEM: SOLUTIONS:
E. OC, its representative or designee, issue press releases, direct
mailings, and pamphlets for placement at local governmental
offices and notify Realtors and appraisers to educate or update the
public on water concerns.
F. OC incorporate contaminated sites, areas of high potential
contaminiation and water quality issues into GIS mapping.
G. OC, its representative or designee, establish a computer system for
well drillers to submit well logs electronically.
H. OC, its representative or designee, send information to local
municipalities notifying them where they can get bottles to collect
water samples, how to collect the water sample correctly and
where they can be sent for testing.
I. OC, its representative or designee, inform licensed appraisers of
areas of concern or contamination. They have an obligation to '
incorporate that information into their report. Subsequently, the
lending institutions will then probably require testing for that
particular contaminate before lending money.
J Require qualified, appropriately certified and trained personnel
for enforcement as approved by the advisory committee.
K. Notify well drillers, locals, health officials, etc. that continuing
education is available. .
L. Suggest to Michigan Association of Realtors to add testing of well
and septic as condition of sale language into purchasing agreement'
form.
INSTALLATION & ABANDONMENT OF WELLS Page 4 3/19/96
,
PROBLEMS WITH PRESENT SYSTEM: SOLUTIONS:
III. LAWS AND POLICIES A. OCHD has the legal right and authority to enforce the "Michigan
Water Well Construction and Pump Installation Code of 1994."
1. Lack of clarity on the laws/policies: OC, its representative or designee, establish and write rules, policies
- MI Water Well Construction & Pump Installation and procedures on how to administer this authority, including
Code procedures in regard to complaints, investigation, violations and
- BOCA Code enforcement of the current MWWCPI Code.
- Oakland County Sanitary Code .
- Disclosure Form B. OC notify communities that the option exists to implement a well
permit policy more stringent than the current MWWCPI Code.
2. Lack of implementation of law/policy governing C. OC establish a written Well Policy in addition to the State Code,
procedures: with limited requirements, minimal additional governmental
- Well installation powers, and low cost. Also, OC establish written policies and
- well abandonment procedures for OC, its representative or designee, to investigate .
- dewatering of wells and enforce the current code, the "Michigan Water Well
- well log submissions Construction & Pump Installation Code" (MWWCPI Code) of
- Construction notification 1994, and any other additional County policies or code
- Well construction violations (grouting, sand requirements. Require the creation of an 'Alert Map,' coordinate
production, etc.) current efforts, establish written policies and procedures,
- Special circumstances for minimum depth formalize and increase communication, and develop and distribute
- Application for variances educational information. (See Education and
Communication/Coordination Sections). This plan could be
3. Lack of knowledge about who licenses, regulates, augmented by requesting local municipalities (code officials) to
oversees drillers, dewatering designees, etc. enforce water tests prior to issuing "Occupancy Permits." If a
community choose not to have the water tested, the county could
require the water to be tested. A well-written educational package
should be required to be given to, and signed for by, the well
driller, builder or homeowner, before a new or replacement well
is drilled. The well driller or builder should pass the package on
to the homeowner. The educational package could be made
available at either the local level or the County. Pickup of the
educational package could act as notification of where a well is
going to be or has been drilled. Non-mandatory well installation
evaluations, for a fee, could be offered to residents by the OCHD
INSTALLATION & ABANDONMENT OF WELLS Page 5 3/19/96
,
PROBLEMS WITH PRESENT SYSTEM: SOLUTIONS: '
or the private sector. Oakland County Board of Commissioners
establish and appoint a perpetual advisory board to assist in the
development and implementation of written policies, procedures
and plans.to enforce the existing MWWCPI Code. The makeup of
the advisory board is to be patterned after that in the MWWCPI
Code.
IY. EXECUTION AND ENFORCEMENT OF
LAWS/POLICIES:
1. Lack of clarity regarding responsibility for properly A. OC, its representative or designee, design information that can be
following each procedure (i.e. well driller), used as a handout by the local municipalities, when building
permits are issued, which describes the homeowner's
responsibilities.
2. Lack of clarity regarding responsibility for enforcing
these procedures (i.e. building inspector, county health B. Establish which local municipalities, that have individual wells,
sanitarian). have adopted the BOCA plumbing code, or a similar code that .
requires water testing. .
3. Lack of knowledge regarding penalties if procedures are
not followed correctly. C. The OCHD enforcement officer or their representative or designee
investigate and order the responsible person to make the proper
corrections under the current MWWCPI Code. Prosecute when
appropriate and recommend the driller's license (registration) removal
when necessary.
D. OCHD staff is a legal enforcement agency for administration of
the MI WWPI Code. (Write and implement written policy to assist
1 OCHD staff.)
•
INSTALLATION & ABANDONMENT OF WELLS Page 6 3/19/96
PROBLEMS WITH PRESENT SYSTEM: SOLUTIONS:
V. CONTAMINATION
1. Lack of general information available on naturally A. OC, its representative or designee, write a program to retrieve
occurring and man-made, environmentally contaminated state's computerized well information.
sites:
- Identify B. OC, its representative or designee, work with private labs to
- Gather data participate in gathering information on contaminated areas.
- Map data
- Centralize and maintain data C. OC, its representative or designee, participate in the State
- Disseminate data program for free water testing to residents.
INSTALLATION & ABANDONMENT OF WELLS Page 7 3/19/96
I HEfr::. P I` r FOREGO". C3 RESOLU TION
21C't
1. Brooks Patter. n. County Executive Date
Resolution #96096 April 25, 1996
Moved by Taub supported by Powers the resolution be adopted.
Moved by Palmer supported by Amos that both BE IT FURTHER RESOLVED
paragraphs be replaced to read as follows:
BE IT FURTHER RESOLVED that, under M.C.L. 333.2441, consistent with state
law and utilizing the Final Recommendations of the Residential Water Task Force,
the Oakland County Health Division shall draft local regulations and guidelines
for residential well water protection; and
BE IT FURTHER RESOLVED that the Oakland County Health Division, with the
assistance of the Task Force, under M.C.L. 333.2433 (d), shall plan an
educational package and program which includes an alert map for well drillers,
builders and homeowners, and report back to Public Services Committee on or
before June 4, 1996.
A sufficient majority having voted therefor, the amendment carried.
Vote on resolution, as amended:
AYES: Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Moffitt,
Obrecht, Palmer, Pernick, Powers, Quarles, Schmid, Taub, Wolf, Amos, Crake,
Dingeldey, Douglas, Holbert, Huntoon, Jacobs, Jensen. (23)
NAYS: Devine, Garfield. (2)
A sufficient majority having voted therefor, the resolution, as amended,
was adopted.
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lynn D. Allen, Clerk of the County of Oakland, do hereby certify that the
foregoing resolution is a true and accurate copy of a resolution adopted by the
Oakland County Board of Commissioners on April 25, 1996 with the original record
thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the
County of Oakland at Pontiac, Michigan this 25th day 9f AprilS 96.
.............,
D. Allen, County Clerk