Michigan Laws 324.31707 – Compensation; requirements
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Terms Used In Michigan Laws 324.31707
- Director: means the director of the department or his or her designee. See Michigan Laws 324.31701
- Groundwater: means the water in the zone of saturation that fills all of the pore spaces of the subsurface geologic material. See Michigan Laws 324.31701
- High-capacity well: means 1 or more water wells associated with an industrial or processing facility, an irrigation facility, or a farm that, in the aggregate from all sources and by all methods, have the capability of withdrawing 100,000 or more gallons of groundwater in 1 day. See Michigan Laws 324.31701
- Owner of a high-capacity well: means the person that owns or controls the parcel of property where a high-capacity well is located. See Michigan Laws 324.31701
- Potable water: means water that at the point of use is acceptable for human consumption. See Michigan Laws 324.31701
- Small-quantity well: means 1 or more water wells of a person at the same location that, in the aggregate from all sources and by all methods, do not have the capability of withdrawing 100,000 or more gallons of groundwater in 1 day. See Michigan Laws 324.31701
(1) Timely and reasonable compensation under section 31706 consists of and is limited to either or both of the following:
(a) The reimbursement of expenses reasonably incurred by the complainant beginning 30 days prior to the date on which a complaint was made under section 31702 in doing the following:
(i) Paying for the cost of conducting a well assessment to determine that the small-quantity well and the well’s equipment were functioning properly at the time of the failure.
(ii) Paying for the cost of obtaining an immediate temporary provision at the prior point of use of an adequate supply of potable water.
(iii) Obtaining 1 of the following:
(A) The restoration of the affected small-quantity well to the well’s normal supply of water.
(B) The permanent provision at the point of use of an alternative potable supply of equal quantity.
(b) If an adequate remedy is not achievable under subdivision (a), the restriction or scheduling of the groundwater withdrawals of the high-capacity well so that the affected small-quantity well continues to produce either of the following:
(i) The well’s normal supply of water.
(ii) The normal supply of potable water if the well normally furnishes potable water.
(2) The refusal of an owner of an affected small-quantity well to accept timely and reasonable compensation described in subsection (1) is sufficient grounds for the director to terminate an order imposed on the owner of a high-capacity well.