HomeMy WebLinkAboutResolutions - 1997.12.11 - 25007REPORT (Misc. #97293 December 11, 3.997
BY: Finance and Personnel Committee, Sue Ann Douglas, Chairperson
IN RE: DEPARTMENT OF HUMAN SERVICES/HEALTH DIVISION - ADOPTION AND ENFORCEMENT
OF THE DRINKING WATER SUPPLY PROGRAM, ARTICLE X OF THE OAKLAND COUNTY SANITARY
CODE, Si
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Finance and Personnel Committee, having reviewed the above-referenced
resolution on December 4, 1997, reports with the following recommendation:
* That the BE IT FURTHER RESOLVED paragraph be amended to include
additional language as follows:
BE IT FURTHER RESOLVED that the Health Division, pursuant to
MCL 333.2433(2)(c)(iii) and MCL 333.2433(2)(d), shall commission,
and the Board shall fund, a comprehensive ground water quality
study, to be conducted by credentialed public health and scientific
professionals affiliated with a Michigan university and/or
independent State of Michigan or Federal governmental agency, who
are charged with mapping the entire county. The study shall
utilize well log data, well testing data, test boring and test well
data, and any other data the public health and scientific
professionals think appropriate. The study results shall include
a map of water contaminants in Oakland County developed by the
study team, AS OUTLINED IN THE ATTACHED MEMORANDUM FROM THOMAS J.
GORDON, PH.D. COMMISSIONER MEMBERS SHALL BE APPOINTED BY THE
CHAIRPERSON OF THE BOARD OF COMMISSIONERS. The map shall be posted
on the County's Internet web site, supplied to public libraries,
provided in the well education packet, and directly mailed to all
Oakland County residents served by wells or living in areas where
wells are allowed.
* That additional language be added to Section 3.1.A.(2) of the Oakland
County Sanitary Code, Article X, Drinking Water Supply Program, as
follows:
(2) The inspection(s) was conducted by a person(s) who has been
trained to conduct well inspections by the State of Michigan or
through a program recognized as adequate by the State of Michigan;
the inspection(s) include a satisfactory bacteriological and
nitrate water sample report and a water well and pump record log;
and the satisfactory bacteriological and nitrate water sample
report are filed with the local building official or the Oakland
County Health Division before an occupancy permit is issued. IN
THE EVENT OF AN UNSATISFACTORY WATER TEST, A LOCAL UNIT OF
GOVERNMENT MAY AUTHORIZE A TEMPORARY OCCUPANCY PERMIT WHICH WILL
ALLOW FOR A SAFE ALTERNATIVE SOURCE OF POTABLE WATER.
* That the operating rules be brought back to the Public Services
Committee for review and comment.
Chairperson, on behalf of the Finance and Personnel Committee, I submit the
foregoing report.
FINANCE AND PERSONNEL COMMITTEE
014,
• r • A "
COAKLAND,
COUNTY MICHIGAN
DEPARTMENT OF HUMA SERVICES
L. BROOKS PATTERSON, OAKLAND COUNTY EXECUTIVE
Thomas J. Gordon. Ph.D., Director
MEMORANDUM
TO: Commissioner Shelley Taub, Chairperson
Public Services Committee
Commissioner Sue Ann Douglas, Chairperson
Finance and Personae, Committee
FROM: Thomas J. GordarPh.D., Director
Department of Human Services
DATE: December 1, 1997
RE: DEVELOPMENT OF MAP PROPOSED IN ARTICLE X
Recently, Commissioner Douglas and I had a conversation regarding Board adoption of
Administration's proposed Article X-Drinking Water Supply Program. During this conversation
Commissioner Douglas asked "If Article X is approved (by the board of Commissioners] how
would the map be developed?" In addition to the general parameters established in the
enabling resolution, if Article X is approved I recommend a meeting be scheduled that would
include me and/or members of my staff and commissioners. Hopefully, this meeting would be a
collaborative effort to establish parameters for the map, review vendor options (i.e. expand the
current agreement with the U.S. Geological Survey or go out on an RFP) and to move the
project forward.
If expansion of the current agreement with the United States Geological Survey (USGS) is
selected, after the parameters have been identified, health staff would meet with USGS staff to
indicate the scope of work and map product the County was interested in developing. If USGS
was interested in this project, Health staff would meet with USGS staff and draft a proposed
agreement with USGS that would address costs, including any matching funds USGS might
have available, survey methods, parameters to be included in the map, time frame for
completion etc. The proposed project document would then be brought back to the Board of
Commissioners for presentation and, if found acceptable, funding authorization to commence
with the project.
If an RFP process was selected, Health staff will develop and RFP which includes the project
parameters decided upon in our joint meetings, conduct a standard RFP process which will
outline the parameters of the survey and map product desired, review responses to the RFP
and recommend a proposed vendor. The proposed project document and vendor
recommendation would then be brought back to the Board of Commissioners for presentation
and, if found acceptable, funding authorization to commence with the project.
I believe this process will result in a map that works for everyone! If there are any other
questions you may have regarding our proposal, please let me know. As you know, I think it is
time to move forward.
EXECUTIVE OFFICE BUILDING • 1200 N TELEGRAPH RD DEPT 408 • PONTIAC MI 48341-0409 • (248) 858-1293 • FAX (248) 452-9172
December 11, 1997
MISCELLANEOUS RESOLUTION #97293
BY: Public Services Committee, Shelley G. Taub, Chairperson
IN RE: DEPARTMENT OF HUMAN SERVICES/HEALTH DIVISION - ADOPTION AND
ENFORCEMENT OF THE DRINKING WATER SUPPLY PROGRAM, ARTICLE X OF THE
OAKLAND COUNTY SANITARY CODE, Si
To The Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Oakland County Government places the highest priority on protecting
the health and safety of our residents; and
WHEREAS the supply of safe potable water is fundamental to individual,
public and community health; and
WHEREAS over a quarter million residents of Oakland County depend on
private well water supplies for their daily living needs; and
WHEREAS compliance with State safe drinking water program cost sharing
minimal requirements is necessary for continuation of Oakland County's
eligibility to receive the over $300,000 in cost sharing moneys currently
provided to assist in protecting our wells.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
approves the adoption of the attached Article X, Drinking Water Supply Program,
as a revision to the Oakland County Sanitary Code; and
BE IT FURTHER RESOLVED that the Drinking Water Supply Program be
established at a level which will meet the program requirements for the State
safe drinking water supply cost sharing program; and
BE IT FURTHER RESOLVED that one (1) Senior Public Health Sanitarian, three
(3) Public Health Sanitarian and one (1) Typist II position be created in the
Health Division; and
BE IT FURTHER RESOLVED that the Health Division, pursuant to MCL
333.2433(2)(c)(iii) and MCL 333.2433(2)(d), shall commission, and the Board
shall fund, a comprehensive ground water quality study, to be conducted by
credentialed public health and scientific professionals affiliated with a
Michigan university and/or independent State of Michigan or Federal
governmental agency, who are charged with mapping the entire county. The
study shall utilize well slog data, well testing data, test boring and test
well data, and any other data the public health and scientific professionals
think appropriate. The study results shall include a map of water
contaminants in Oakland County developed by the study team. The map shall be
posted on the County's Internet web site, supplied to public libraries,
provided in the well education packet, and directly mailed to all Oakland
County residents served by wells or living in areas where wells are allowed.
Chairperson, on behalf of the Public Services Committee, I move the
adoption of the foregoing resolution.
Public Services Committee
COUNTY EXECUTIVE PROPOSAL - NOVEMBER 12, 1997
OAKLAND COUNTY SANITARY CODE
ARTICLE X
DRINKING WATER SUPPLY PROGRAM
WELL PROTECTION AND EDUCATION
Article X of the Oakland County Sanitary Code is established to help protect the
health and safety of the residents and future residents of Oakland County who
rely on individual sources of well water supplies for their daily living needs.
SECTION 1 -DEFINITIONS
A. "Abandoned water well" means any of the following:
1. A well which has its use permanently discontinued.
2.A well which is in such disrepair that its continued use for the purpose of obtaining
groundwater is impractical.
3. A well which has been left uncompleted.
4. A well which is a threat to groundwater resources.
5. A well which is or may be a health or safety hazard.
B."Extensive changes or repairs" include replacing the entire casing, removing a casing from the
ground, or changing aquifers.
Minor repairs do not require notification. Minor repairs include:
1. Replacing a telescoped well screen.
2. Changing screen elevation.
3. Deepening or plugging back a bedrock well.
4. Installing a liner pipe.
5. Replacing a pump, controls, pump drop pipe, or pressure tank.
6. Chemical treatment of the well or well disinfection.
C."Person" means a person as defined in MCL 333.1106 or a governmental entity.
D."Well" mews an opening in the surface of the earth for the purpose of removing fresh water
or a test well, recharge well, waste disposal well, or a well used temporarily for dewatering
purposes during construction.
E.The terms defined in the Public Health Code, 1978 PA 368, as amended, Article I, Parts 11
and 12, Article 2, Part 24 and Article 12, Parts 121 and 127, and terms defined in the
Michigan Administrative Code, R 325.1601 to R 325.1781, have the same meanings when
used in these local health regulations.
SECTION 2. WELL EDUCATION PACKET REQUIRED
A.The Oakland County Health Division shall produce an educational packet containing a map
documenting areas of groundwater contamination, general information on well drilling, well
maintenance, and a list of pertinent telephone numbers to assist persons requiring a new well
or extensive repairs. The Educational Packet shall be made available to requesting individuals
and, for the purpose of distribution to interested residents, to cities, villages, townships and
registered well drillers.
B.No person or governmental entity shall construct, extensively change or repair, or abandon
a well without first acknowledging, on a form provided for that purpose by the Oakland County
health Division, the receipt of the Educational Packet developed pursuant to subsection A,
being Article X, Section 2(A). A registered well drilling contractor or a person licensed under
Article 24 of Act 299 of the Public Acts of 1980, as amended, being sections 339.2401 to
339.2412 of the Michigan Compiled Laws, may acknowledge receipt of the Education Packet
on behalf of a well owner and shall, in such case, deliver the Education Packet to the well
owner.
C.Except in emergency situations as detailed in subsection E, before constructing or extensively
changing or repairing a well, a person or entity shall notify the Oakland County Health Division,
in writing, of such intent to construct or extensively change or repair a well. Notification shall
be made on a form provided for that purpose by the Oakland County Health Division. The
form, which shall serve as an application for the permit required by section 6 of this article,
shall require information sufficient to allow the Oakland County Health Division to conduct a
predrilling site review for the proposed well and shall be filed with the Health Division not less
than 48 hours prior to the time of construction, extensive change or repair, or abandonment
of the water supply is to begin.
D.A copy of the well log required by MCI 333. 12707 and/or by Michigan Administrative Code
rules promulgated pursuant thereto shall be submitted by a well drilling contractor to the
Oakland County Health Division not later than 60 days after the completion of a well.
E.In the event an emergency arises where the lack of water will result in undue hardship and
the office(s) of the Oakland County Health Division are closed, or when a registered well drilling
contractor is involved with minor repair work and conditions are discovered indicating that it
is necessary, in order to avoid excessive cost or undue hardship, to immediately begin
construction, extensive change, repair or abandonment of a well, a registered well drilling
contractor may begin construction, extensive change, repair or abandonment of a well without
prior notification or permitting. In such situation, by the close of business on the next regular
county business day, the well drilling contractor shall notify the Oakland County Health Division
of the work utilizing the "Well Action Notification\ Permit Application Form" provided for that
purpose by the Oakland County Health Division. The registered well drilling contractor or well
owner shall acknowledge receipt of the Education Packet as provided in subsection B, within
five (5) business days of commencement of the emergency drilling action. Wells constructed
or extensively changed or repaired prior to permitting under this subsection shall meet state
construction and potable water standards.
SECTION 3.WELL INSPECTIONS
1.The Oakland County Health Division shall be authorized by the health officer to make well
inspections and shall conduct predrilling site reviews for well sites. In order to avoid duplication
of services and increased taxpayer cost, the Oakland County Health Division shall work with
cities, villages and townships that have been approved by the State of Michigan to administer
and enforce the building codes in the State of Michigan. The Health Division shall accept
inspection(s) or analyses regarding water potability, the proper construction, extensive change
or repair, or abandonment of a water well if such inspection(s) or analysis(es) were conducted
by a legally designated city, village, or township code enforcement official and if all of the
following requirements are met:
A.(1) The city, village, or township employing the code enforcement official has
adopted a local building, construction, health or safety code (e.g., Building Officials and
Code Administrators building code) that regulates well construction, extensive change
or repair, or abandonment utilizing requirements which are not less restrictive than
those required under Part 127 of Public Act 368 of 1978, as amended and
administrative rules promulgated pursuant thereto; and
(2) The inspection(s) was conducted by a person(s) who has been
trained to conduct well inspections by the State of Michigan or through
a program recognized as adequate by the State of Michigan; the
inspection(s) include a satisfactory bacteriological and nitrate water
sample report and a water well and pump record log; and the
satisfactory bacteriological and nitrate water sample report are filed
with the local building official or the Oakland County health Division
before an occupancy permit is issued; and
(3) Any laboratory analysis of water or soil samples reflected,
reported or utilized in such city, village or township inspection report(s)
were conducted by a laboratory certified, licensed or authorized by the
State of Michigan to conduct such analysis; and
(4) All local inspection documents are made available to the
Oakland County Health Division upon request; and
(6) All inspection reports indicating the existence of groundwater
contamination or a failure to comply with Part 127 of Public Act 368
construction requirements shall be turned over to the Oakland County
Health Division within 72 hours of the completion of the inspection.
B.The Oakland County Health Division shall provide Oakland County cities, villages and
townships who agree to participate with the Health Division in this Article's well notification
and education program with Educational Packets, notification forms, well plugging
(abandonment) forms and other materials necessary or appropriate to facilitate their
participation.
C. Any Oakland County real property owner or properly authorized representative
of an Oakland County real property owner may request a Health Division
inspection of their well for a fee established by Board of Commissioner
resolution.
SECTION 4. ADVISORY COMMITTEE
A.An Oakland County Well Advisory Committee is established consisting of nine (9) members
appointed as set forth below.
B.The Oakland County Well Advisory Committee shall be comprised of 4 members who are
residents of Oakland County and registered under sections 12701 to 12715 of 1978 PA 368,
as amended, at least three (3) of whom shall be well drilling contractors; one (1) builder
licensed by the State of Michigan and a resident of Oakland County; one (1) resident of
Oakland County who is not an elected official; and one (1) local official from an Oakland
County city, village or township that relies primarily on wells for drinking water, all of whom
shall be appointed by the County Board of Commissioners; one (1) employee of the Oakland
County Health Division appointed by the County Executive; one (1) employee of the Drain
Commission appointed by the Drain Commissioner. There shall be three-year staggered terms.
The first committee shall be appointed as follows: 3 members for one-year terms; 3 members
for two-year terms; and 3 members for three-year terms. Vacancies shall be filled by
appointment for the balance of the unexpired terms by the respective officials designated
herein. The first term of office shall be considered to begin on the date set by the Board of
Commissioners in the appointment of the first member.
C.FUNCTIONS
1. The members of the advisory committee shall at their first meeting, and once
each year thereafter, organize and select a chairperson and vice chairperson
from among their members. A recording secretary shall be assigned by the
Oakland County Board of Commissioners.
2. The committee shall meet not less than twice each year for the necessary
conduct of business. Additional meetings may be called by the chairperson or
any three members of the committee. Five members shall constitute a quorum.
The business which the committee may perform shall be conducted at a public
meeting of the advisory committee held in compliance with Act No 267 of the
Public Acts of 1976, as amended, being sections 15.261 to 15.275 of the
Michigan Compiled Laws.
3. The first meeting of the advisory committee shall take place within 40 days
after this article is adopted and the first member is appointed by the Oakland
County Board of Commissioners.
4. The Oakland County Health Division, with the advise of the advisory
committees, may promulgate rules, materials, plans and procedures and update
the educational packet annually.
5. The advisory committee may advise Oakland County with respect to the need
for or desirability of conducting special studies. Where conditions indicate that
studies, investigations or inquiries are warranted, the Oakland County Health
Division may participate in and/or coordinate special studies activity as provided
in section 2433 of the Public Health Code, MCL 333.2433(2)(c) and (d).
6. Appeals on matters related to interpretation of the state well/pump code (Part
127, Act 368, P.A. 1978) and Groundwater Quality Control Rules, R 325.1601
to R 325-1781 are not within the authority of the County advisory board.
SECTION 5. LOCAL DISTRIBUTION
: •
The Oakland County Health Division shall work with any Oakland County city, village,
or township who has agreed to participate with the Health Division in this Article's well
notification and education program by establishing mutually agreeable arrangements for
distribution and processing of Educational Packets, notification forms and other
materials necessary or appropriate to facilitate participation in the program.
SECTION 6.PERMITS AND FEES
A permit must be obtained from the Oakland County Health Division before the
construction of or extensive repair of a well.
Pursuant to MCL 333. 2444, the Oakland County Board of Commissioners may
establish a fee for services authorized or required to be performed by the Health
Division under this Article. The fees charged shall not be more than the reasonable cost
of performing the service. Any fee(s) shall be reviewed periodically by the Board of
Commissioners for adjustment as appropriate.
SECTION 7. DENIAL OF PERMIT
The health officer shall have the right to reject a water supply permit when conditions
exist or may be created which may endanger the public health or environment.
SECTION 8. FINES AND PENALTIES
Any person or governmental entity determined to be in violation of any of the
provisions of this Article, upon conviction thereof, shall be deemed guilty of a
misdemeanor offense and subject to incarceration for up to 90 days and/or a fine of up
to $200.00, plus the costs of prosecution.
SECTION 9. APPEALS
Appeal of permitting or regulatory actions taken by the Oakland County health Division
under this Article (X) may be made to the Oakland County Sanitary Code Appeal Board
as provided in Article V of the Oakland County Sanitary Code.
SECTION 10. EFFECTIVE DATE
This article shall take effect on . Adopted by the Oakland County
Board of Commissioners on
Authority:
1978 PA 368, as amended
Michigan Compiled Law 333.1101 et seq.
Michigan Compiled Law 333.2401 et seq.
Michigan Compiled Law 333.12101 et seq.
Michigan Compiled Law 333.12701 et seq.
1994 AACS, R325.1601 -R325.1676
1994 AACS, R325.1741 -R325.1781
FISCAL NOTE (Misc. #97293) December 11, 1997
BY: FINANCE AND PERSONNEL COMMITTEE, SUE ANN DOUGLAS, CHAIRPERSON
IN RE: DEPARTMENT OF HUMAN SERVICES/HEALTH DIVISION - ADOPTION AND ENFORCEMENT
OF THE DRINKING WATER SUPPLY PROGRAM, ARTICLE X OF THE OAKLAND COUNTY SANITARY
CODE, S I
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-F of this Board, the Finance and Personnel Committee has reviewed the above referenced
resolution and finds:
1) It is requested that Article X, Drinking Water Supply Program, be adopted as a revision of the
Oakland County Sanitary Code.
2) It is also requested that the Drinking Water Supply Program be established at a level to meet the
program requirements to be eligible for state safe drinking water supply cost sharing.
3) In adopting this program, it is requested that one (1) Senior Public Health Sanitarian, three (3) Public
Health Sanitarian, and one (1) Typist II position be created in the Health Division.
4) The funding source for the positions has been identified in the Designated Fund Balance.
5) A budget amendment is recommended as follows:
Human Services Department/Health Division - Environmental Health Unit
Revenue FY 1998 FY 1999
Dept. OCA PCA Object Description Amount Amount
90 131000 12000 0175 Cost Sharing $ 86,638 $106,380
90 190000 14000 1582 Prior Years Balance 86,638 106.380
Total $173,276 $212,761
Expense
16 220200 65000 2001 Salaries
2075 Fringe Benefits
3324 Printing
9169 Capital Outlay
Total
$114,020 $148,227
49,256 64,034
5,000 5,000
5.000 -0-
$173,276 $212.761
FINANCE AND PERSONNEL COMMITTEE
Resolution #97293 December 11, 1997
Moved by Taub supported by Law the Finance and Personnel Committee Report
be accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Taub supported by Law the resolution be adopted.
Moved by Taub supported by Law the resolution be amended to coincide with
the recommendation in the Finance and Personnel Committee Report.
A sufficient majority having voted therefor, the amendment carried.
Vote on resolution, as amended:
AYES: Johnson, Kingzett, Law, McCulloch, McPherson, Millard, Moffitt,
Obrecht, Palmer, Powers, Schmid, Taub, Amos, Coleman, Dingeldey, Douglas,
Fracassi, Garfield, Holbert, Huntoon, Jacobs, Jensen. (22)
NAYS: None, (0)
A sufficient majority having voted therefor, the resolution, as amended,
was adopted.
I HEREBY - 0 E E FOREGOING RFSOLU,TION 4'
rson. County Executive
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 December 11, 1997 with the original
record thereof now remaining in my office.
A
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the
County of Oakland at Pontiac, Michigan this 11th dav of Dec r 1997.
44RejtVn,...,
L. Brooks P
/214772
Date
I.67nn D. Allen, County Clerk