Deviations

Deviations are a tool of the health officer to protect public health. Through deviations, the local health department may:

1. Formally deviate from the requirements of Michigan’s Water Well Construction and Pump Installation Code and/or Michigan’s Safe Drinking Water Act, including well location and minimum isolation distances.
2. Address the unique circumstances of a proposed well location and to consider the intent of the rules, while prioritizing public health and the long-term safety of a water supply used for consumptive or domestic purposes.

Deviations should be part of a formal process within the permitting authority of a health department’s drinking water program and are not equivalent to a variance or a permit condition, and supporting documentation should accompany any permit approval where a deviation was granted.

Remember!

• In areas of potential groundwater contamination, it is also important to consider the impact of the well on the surrounding environment. For instance, a high capacity well or multiple wells can exacerbate or change the hydraulic conditions and potentially alter the fate and transport of groundwater contaminants.
• Deviations to decrease isolation distances for private and public water supplies are prohibited under the Part 4 Administrative Rules. Isolation distances and other factors related to PFAS are considered at time of local public health review.

For these reasons, the regulations above provide the ability for the issuance of deviations to minimum standards, but with restrictions on the types of deviations that may be granted and under what circumstances.

Part 4 administrative rules

What are the Part 4 administrative rules?

• Rules for on-site water supply and sewage disposal for land divisions, subdivisions, and condominiums
• EGLE rules followed by local health departments
• Applicable to
  • subdivisions, condominiums
  • land divisions resulting in a parcel less than one acre in size
• Current rules effective February 7, 2001
  • Replaced January 1968 rules and guidelines

When should Part 4 rules be considered?

• Prior to granting approval per Rule 560.404 and 560.416 for:
  • Preliminary Plat as per Section 560.118
  • Division Parcel less than 1 Acre as per Section 560.109a
  • Condominium project as per Section 559.171a
• Apply the current Part 4 Rules and EGLE requirements
  • At the time of initial review
  • At time of permitting if determined no review or approval was completed prior to:
    • Recording of a condominium
    • Building permit for a less than one acre parcel resulting from a division after July 28, 1997
• When applying local regulations or ordinances related to land use or divisions, including subdivision lot “splits” per Rule 560.263
• When a “restriction or advisory” is required as a condition of approval, permit and approvals shall conform
• When reviewing requests for property alterations, new or increased uses and preserve
  • Approved locations, isolation distances, replacement areas, accessibility, construction and water quality requirements

Minimum program requirements

Minimum program requirement no. 7, indicator C requires documentation of a policy/procedure to address proposed well sites near known or suspected groundwater contamination, to protect public health and the groundwater resource.

The local health department shall have a procedure to evaluate the vulnerability of a proposed water supply well that is near a site of known or suspected groundwater contamination (see minimum program requirement 6B and the example policy and procedure for specific resources).

Policy/procedure shall include the following:

1. A process to evaluate a proposed well site in certain contaminated areas and to require special water well construction features.
2. Provide health advisory or other information to the water well owner/contractor.
3. Special water sampling.

The local health department shall be considered to be in compliance if:

1. They have a groundwater contamination policy/procedure in place.
2. The policy/procedure is being used.

Guidance Manual for the Private and Type III Groundwater Supplies Drinking Water Supply Program