Michigan Compiled Laws — SAFE DRINKING WATER ACT (Act 399 of 1976)

Short title.

This act shall be known and may be cited as the "safe drinking water act".

Legislative intent; water resources research institutes.

It is the intent of the legislature to provide adequate water resources research institutes and other facilities within the state of Michigan so that the state may assure the long-term health of its public water supplies and other vital natural resources.

Definitions.

As used in this act: (a) "Bottled drinking water" means water that is ultimately sold, provided, or offered for human consumption in a closed container. (b) "Capacity assessment" means an evaluation of the technical, financial, and managerial capability of a community supply or nontransient noncommunity water supply to…

Power and control over public water supplies and suppliers of water; inspection of waterworks system.

Subject to limitations contained in this act, the department shall have power and control over public water supplies and suppliers of water. The director may enter upon the waterworks system of a supplier of water at reasonable times for the purpose of inspecting the system and carrying out this act and rules promulgat…

Exemption of agricultural employer from well inspection fees; definitions.

(1) An agricultural employer using a well to provide water for employee use is exempt from any well inspection fees that may be or are imposed under this act or rules promulgated under this act. (2) As used in this section: (a) "Agricultural employer" means a person, corporation, association, or other legal entity that…

Department of environmental quality; powers; conduct of capacity assessment or source water assessment; availability of records to department.

(1) The department may do 1 or more of the following: (a) Conduct a capacity assessment at a community supply, a nontransient noncommunity water supply, or a public water supply applying to the department for assistance under part 54 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.5401 t…

(1) A supplier of water shall file with the department the plans and specifications of the entire waterworks system owned or operated by the supplier, unless the department determines that its existing records are adequate. A general plan of the waterworks system for each public water supply shall be provided to the de…

Expedited permit application review process.

(1) Not later than October 1, 2007, the department shall establish an expedited permit application review process available for projects described in subsection (7). The expedited review process shall be available through September 30, 2010. To be eligible for expedited review, an applicant shall submit all of the item…

Rules.

(1) The department shall promulgate and enforce rules to carry out this act pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328. The rules, at a minimum, shall include the following: (a) Requirements for the submission of reports, plans, and specifications for the design and constru…

Customer site piping; limitations.

(1) A supplier of water for a community supply shall not use customer site piping as a means to convey water to other portions of the supplier's system. (2) A supplier of water for a community supply shall not provide water service to customer site piping if an impact on the water quality of the public water supply has…

Maximum contaminant levels; incorporation by reference.

The maximum contaminant levels for inorganic and organic chemicals, microbiological contaminants and turbidity, which are part of the national interim primary drinking water regulations, and which have been promulgated by the United States environmental protection agency under authority of Public Law 93-523 (1974) befo…

Collecting and analyzing water samples; reporting results of analyses; failure of supplier to comply; appeal; disposition of administrative fines.

(1) The supplier of water shall collect water samples or have them collected on a schedule at least equal to that outlined in the rules, shall cause those samples to be analyzed in the state laboratory or a laboratory certified by the department or by the United States environmental protection agency for contaminants l…

Design and operation standards of public water supplies; considerations; purpose.

The department shall give due consideration to the size, type, location, and other conditions at public water supplies for the purpose of specifying design and operation standards, and for the purpose of establishing criteria for capacity assessments.

Classification of public water supplies including water treatment and distribution systems; advisory board of examiners; certificates of competency; supervision of public water supply; certificate renewal; training program for certified operator; fees.

(1) The department shall classify public water supplies, including water treatment and distribution systems at community supplies, with regard to size, type, location, and other physical conditions for the purpose of establishing the skill, knowledge, and experience that individuals need to maintain and operate the sys…

Approval of privately owned public water supply; escrow account to correct deficiencies in public water supply; compliance with subsections (1) and (2) by private purchaser.

(1) The department shall not approve a privately owned public water supply that serves a group of living units, unless by resolution of its governing body the city, village, or township in which the water supply is to be located refuses to accept ownership and operational responsibility of the public water supply. (2)…

Review and certification of laboratories testing water.

The department shall review and certify laboratories used or intended for use in the testing of water from public water supplies.

Community supply provider; annual fees; schedule; adjustment; payment; failure to submit timely payment; penalty; collection.

(1) The department shall impose an annual fee on each community supply provider in accordance with the following fee schedule: Number of Residents Served Annual Fee More than 500,000 $ 83,800.00 100,001 - 500,000 $ 17,400.00 50,001 - 100,000 $ 11,000.00 25,001 - 50,000 $ 6,500.00 10,001 - 25,000 $ 3,500.00 5,001 - 10,0…

Noncommunity supply provider; annual fees; schedule; adjustment; fee on 5 or more noncommunity supplies under same ownership on contiguous properties; payment; penalty on delinquent fees; exemption from annual fee in subsection (1); services provided by department not required.

(1) The department shall impose an annual fee on each noncommunity supply provider in accordance with the following fee schedule: Type of Noncommunity Supply Annual Fee Nontransient noncommunity supply $ 360.00 Transient noncommunity supply $ 85.00 (2) The annual fee in this section shall be adjusted on October 1 each…

Laboratory review and certification; service fees; adjustment; duration of certification.

(1) The department shall review and certify laboratories used or intended for use in the testing of water from public water supplies where analyses are used to determine compliance with state drinking water standards. The department shall impose a fee for this service in accordance with the following fee schedule: Type…

Water supply fund; creation; administration; capitalization; retention and expenditure of funds.

(1) The water supply fund is created in the state treasury and shall be administered by the department. The fund is capitalized by revenues collected pursuant to sections 11a, 11b, and 11c. The fund shall additionally receive money as otherwise provided by law, and shall receive any gift or contribution to the fund. (2…

Laboratory capability to test for contaminants.

The department shall maintain a laboratory capability to test for those contaminants in water which are included in the state drinking water standards and any other contaminant which may be of concern to the director.

“Product” defined; rules; product standards; certification as prima facie evidence of meeting standards; list; supplying information for review; failure to comply; hearing; prohibition.

(1) As used in this section, "product" means any chemical or substance added to a public water supply, any materials used in the manufacture of public water supply components or appurtenances, or any pipe, storage tank, valve, fixture, or other materials which come in contact with water intended for use in a public wat…

Reports; records; rules relating to consumer confidence reports; contents of report; applicability of subsection (3); availability of report on internet.

(1) A supplier of water shall file with the department such reports and shall maintain such records as the department may by rule require. The department may by rule require a supplier of water to provide additional reports and notices to its customers. The rules shall include the required content of the reports and no…

Protection of public health; notice to supplier of water; inspection of waterworks system; order; public hearing; emergency order; action limiting water system expansion or water use.

(1) When considered necessary for protection of the public health, the department shall notify a supplier of water of the need to make changes in operations, to provide treatment, to make structural changes in existing systems, or to add additional capacity as necessary to produce and distribute an adequate quantity of…

Agreements, contracts, or cooperative arrangements for purpose of administering act; grants of money or other aid; use and receipt of funds.

(1) The department may enter into agreements, contracts, or cooperative arrangements under terms and conditions appropriate with other state agencies, federal agencies, interstate agencies, political subdivisions, educational institutions, local health departments, or other organizations or individuals for the purpose…