| 1 | 1 | | SENATE BILL NO. 46 A bill to amend 1976 PA 399, entitled "Safe drinking water act," by amending sections 2, 3, and 15 (MCL 325.1002, 325.1003, and 325.1015), section 2 as amended by 1998 PA 56 and section 15 as amended by 1993 PA 165. the people of the state of michigan enact: Sec. 2. 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 comply and maintain compliance with all requirements of this act and the rules promulgated under this act. (c) "Community supply" means a public water supply that provides year-round service to not fewer than 15 living units or which that regularly provides year-round service to not fewer than 25 residents. (d) "Contaminant" means a physical, chemical, biological, or radiological substance or matter in water. (e) "Customer service connection" means the pipe between a water main and customer site piping or building plumbing system. (f) "Customer site piping" means an underground piping system that consists only of distribution and storage facilities owned or controlled by the customer that conveys water from the customer service connection to building plumbing systems and other points of use on lands owned or controlled by the customer. Customer site piping does not include any a waterworks system that incorporates treatment, to protect public health.sells water to a person, or is a carrier that conveys passengers in interstate commerce. (g) "Department" means the department of environmental quality or its authorized agent or representative.environment, Great Lakes, and energy. (h) "Director" means the director of the department of environmental quality or his or her the director's authorized agent or representative. (i) "Imminent hazard" means that in the judgment of the director there is a violation, or a condition that may cause a violation, of the state drinking water standards at a public water supply requiring immediate action to prevent endangering the public health. of people. (j) "Living unit" means a house, apartment, or other domicile occupied or intended to be occupied on a day to day basis by an individual, family group, or equivalent. (k) "Mobile home" and "mobile home park" mean those terms as defined in section 2 of the mobile home commission act, 1987 PA 96, MCL 125.2302. (l) (k) "Noncommunity supply" means a public water supply that is not a community supply, but that has not less than 15 service connections or that serves not fewer than 25 individuals on an average daily basis for not less than 60 days per year. (m) (l) "Nontransient noncommunity water supply" means a noncommunity public water supply that serves not fewer than 25 of the same individuals on an average daily basis over 6 months per year. This definition Nontransient noncommunity water supply includes water supplies in places of employment, schools, and day-care centers. (n) (m) "Person" means an individual, partnership, copartnership, cooperative, firm, company, public or private association or corporation, political subdivision, agency of the state, agency of the federal government, trust, estate, joint structure company, or any other legal entity, or their legal representative, agent, or assigns. (o) (n) "Plans and specifications" means drawings, data, and a true description or representation of an entire waterworks system or parts of the system as it exists or is to be constructed, and a statement on how a waterworks system is to be operated. (p) (o) "Political subdivision" means a city, village, township, charter township, county, district, authority or portion or combination thereof. (q) (p) "Public water supply" means a waterworks system that provides water for drinking or household purposes to persons other than the supplier of the water, and does not include either of the following: (i) A waterworks system that supplies water to only 1 living unit. (ii) A waterworks system that consists solely of customer site piping. (r) "Seasonal mobile home park" means that term as defined in section 2 of the mobile home commission act, 1987 PA 96, MCL 125.2302. (s) (q) "State drinking water standards" means quality standards setting that set limits for contaminant levels or establishing establish treatment techniques to meet standards necessary to protect the public health. (t) (r) "Service connection" means a direct connection from a distribution water main to a living unit or other site to provide water for drinking or household purposes. (u) (s) "Source water assessment" means a state program to delineate the boundaries of areas in the this state from which 1 or more public water supplies receive supplies of drinking water, to identify contaminants regulated under this act for which monitoring is required because the this state has determined they the contaminants may present a threat to public health, and, to the extent practical, to determine the susceptibility of the public water supply in the delineated area to these contaminants. (v) (t) "Supplier of water" or "supplier" means a person who that owns or operates a public water supply, and includes a water hauler. (w) (u) "Transient noncommunity water supply" means a noncommunity supply that does not meet the definition of nontransient noncommunity water supply. (x) (v) "Water hauler" means a person engaged in bulk vehicular transportation of water to other than the water hauler's own household which that is intended for use or used for drinking or household purposes. Excluded from this definition are those persons providing Water hauler does not include a person that provides water solely for employee use. (y) (w) "Water main" means a pipe owned or controlled by a supplier that may convey water to a customer service connection or to a fire hydrant. (z) (x) "Waterworks system" or "system" means a system of pipes and structures through which water is obtained and distributed, including but not limited to wells and well structures, intakes and cribs, pumping stations, treatment plants, storage tanks, pipelines and appurtenances, or a combination thereof, actually used or intended for use for the purpose of furnishing water for drinking or household purposes. (aa) (y) "Year-round service" means the ability of a supplier of water to provide drinking water on a continuous basis to a living unit or facility. Sec. 3. Subject to the limitations contained in this act, the department shall have power and control over public water supplies waterworks systems and suppliers of water. The director may enter do either of the following: (a) Enter upon the waterworks system of a supplier of water at reasonable times for the purpose of inspecting the waterworks system and carrying out the requirements and responsibilities under this act and the rules promulgated under this act. (b) Enter upon a waterworks system at a mobile home park or seasonal mobile home park that consists solely of customer site piping, at reasonable times, as necessary for the purpose of investigating a complaint that the water being provided is not adequate or healthful or is not in compliance with state drinking water standards when the water arrives at a mobile home located in the mobile home park or seasonal mobile home park. Sec. 15. (1) When considered necessary for the protection of the public health, the department shall notify a supplier of water or the owner of customer site piping located at a mobile home park or seasonal mobile home park of the need to make changes in operations, to provide treatment, to make structural changes in existing systems or piping, or to add additional capacity as necessary to produce and distribute an adequate quantity of water meeting the that meets state drinking water standards. (2) The department shall inspect a waterworks system or a part of a waterworks system , and the manner of operation of the waterworks system, or part of the waterworks system. If, upon on inspection, the department determines the waterworks system to be is inadequate or so operated as to in a manner that does not adequately protect the public health, the department may order the supplier of water or the owner of customer site piping located at a mobile home park or seasonal mobile home park to make alterations in the waterworks system or its the method of operation as may be required or considered advisable by the department to assure ensure the public water supply waterworks system can produce or distribute water that is adequate, is healthful, and in conformance with meets state drinking water standards. If the supplier of water or the owner of customer site piping located at a mobile home park or seasonal mobile home park does not request a public hearing within 30 days after receipt of the an order issued under this subsection, the order shall be is final and binding on the supplier of water or the owner of customer site piping located at a mobile home park or seasonal mobile home park. If the department receives a request for a public hearing within the specified 30 days, the department shall immediately arrange the public hearing. shall be immediately arranged. If a public hearing is requested in a timely manner, a final order must not go into effect until after the public hearing is completed. The department may revise the order based on information provided at the public hearing before issuing a final order. A supplier of water or the owner of customer site piping located at a mobile home park or seasonal mobile home park shall comply with a final order of the department. (3) If a public water supply waterworks system poses an imminent hazard to the public health, the department may issue an emergency order immediately, without notice or hearing, requiring such action as that requires the supplier of water or the owner of customer site piping located at a mobile home park or seasonal mobile home park to take any action the department determines is necessary to protect the public health. Normal administrative Administrative procedures as required by under the administrative procedures act of 1969, Act No. 306 of the Public Acts of 1969, as amended, being sections 24.201 to 24.328 of the Michigan Compiled Laws, shall 1969 PA 306, MCL 24.201 to 24.328, must proceed concurrently with an emergency order upon on written request of the supplier of water or the owner of customer site piping located at a mobile home park or seasonal mobile home park received within 15 days after the department issues the emergency order. An emergency order shall be is effective immediately and binding until modified or rescinded by the department or a court. of competent jurisdiction. (4) The department may take appropriate action to limit water system the expansion of a waterworks system or limit water use from a public water supply or customer site piping at a mobile home park or seasonal mobile home park until such time as satisfactory improvements are made in the system or operation to provide for a continuous, adequate supply of water meeting the that meets state drinking water standards. |
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| 25 | 25 | | SENATE BILL NO. 46 |
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| 28 | 28 | | |
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| 29 | 29 | | A bill to amend 1976 PA 399, entitled |
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| 30 | 30 | | |
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| 31 | 31 | | "Safe drinking water act," |
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| 32 | 32 | | |
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| 33 | 33 | | by amending sections 2, 3, and 15 (MCL 325.1002, 325.1003, and 325.1015), section 2 as amended by 1998 PA 56 and section 15 as amended by 1993 PA 165. |
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| 34 | 34 | | |
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| 35 | 35 | | the people of the state of michigan enact: |
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| 36 | 36 | | |
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| 37 | 37 | | Sec. 2. As used in this act: |
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| 38 | 38 | | |
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| 39 | 39 | | (a) "Bottled drinking water" means water that is ultimately sold, provided, or offered for human consumption in a closed container. |
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| 40 | 40 | | |
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| 41 | 41 | | (b) "Capacity assessment" means an evaluation of the technical, financial, and managerial capability of a community supply or nontransient noncommunity water supply to comply and maintain compliance with all requirements of this act and the rules promulgated under this act. |
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| 42 | 42 | | |
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| 43 | 43 | | (c) "Community supply" means a public water supply that provides year-round service to not fewer than 15 living units or which that regularly provides year-round service to not fewer than 25 residents. |
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| 44 | 44 | | |
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| 45 | 45 | | (d) "Contaminant" means a physical, chemical, biological, or radiological substance or matter in water. |
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| 46 | 46 | | |
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| 47 | 47 | | (e) "Customer service connection" means the pipe between a water main and customer site piping or building plumbing system. |
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| 48 | 48 | | |
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| 49 | 49 | | (f) "Customer site piping" means an underground piping system that consists only of distribution and storage facilities owned or controlled by the customer that conveys water from the customer service connection to building plumbing systems and other points of use on lands owned or controlled by the customer. Customer site piping does not include any a waterworks system that incorporates treatment, to protect public health.sells water to a person, or is a carrier that conveys passengers in interstate commerce. |
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| 50 | 50 | | |
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| 51 | 51 | | (g) "Department" means the department of environmental quality or its authorized agent or representative.environment, Great Lakes, and energy. |
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| 52 | 52 | | |
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| 53 | 53 | | (h) "Director" means the director of the department of environmental quality or his or her the director's authorized agent or representative. |
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| 54 | 54 | | |
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| 55 | 55 | | (i) "Imminent hazard" means that in the judgment of the director there is a violation, or a condition that may cause a violation, of the state drinking water standards at a public water supply requiring immediate action to prevent endangering the public health. of people. |
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| 56 | 56 | | |
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| 57 | 57 | | (j) "Living unit" means a house, apartment, or other domicile occupied or intended to be occupied on a day to day basis by an individual, family group, or equivalent. |
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| 58 | 58 | | |
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| 59 | 59 | | (k) "Mobile home" and "mobile home park" mean those terms as defined in section 2 of the mobile home commission act, 1987 PA 96, MCL 125.2302. |
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| 60 | 60 | | |
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| 61 | 61 | | (l) (k) "Noncommunity supply" means a public water supply that is not a community supply, but that has not less than 15 service connections or that serves not fewer than 25 individuals on an average daily basis for not less than 60 days per year. |
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| 62 | 62 | | |
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| 63 | 63 | | (m) (l) "Nontransient noncommunity water supply" means a noncommunity public water supply that serves not fewer than 25 of the same individuals on an average daily basis over 6 months per year. This definition Nontransient noncommunity water supply includes water supplies in places of employment, schools, and day-care centers. |
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| 64 | 64 | | |
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| 65 | 65 | | (n) (m) "Person" means an individual, partnership, copartnership, cooperative, firm, company, public or private association or corporation, political subdivision, agency of the state, agency of the federal government, trust, estate, joint structure company, or any other legal entity, or their legal representative, agent, or assigns. |
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| 66 | 66 | | |
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| 67 | 67 | | (o) (n) "Plans and specifications" means drawings, data, and a true description or representation of an entire waterworks system or parts of the system as it exists or is to be constructed, and a statement on how a waterworks system is to be operated. |
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| 68 | 68 | | |
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| 69 | 69 | | (p) (o) "Political subdivision" means a city, village, township, charter township, county, district, authority or portion or combination thereof. |
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| 70 | 70 | | |
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| 71 | 71 | | (q) (p) "Public water supply" means a waterworks system that provides water for drinking or household purposes to persons other than the supplier of the water, and does not include either of the following: |
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| 72 | 72 | | |
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| 73 | 73 | | (i) A waterworks system that supplies water to only 1 living unit. |
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| 74 | 74 | | |
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| 75 | 75 | | (ii) A waterworks system that consists solely of customer site piping. |
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| 76 | 76 | | |
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| 77 | 77 | | (r) "Seasonal mobile home park" means that term as defined in section 2 of the mobile home commission act, 1987 PA 96, MCL 125.2302. |
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| 78 | 78 | | |
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| 79 | 79 | | (s) (q) "State drinking water standards" means quality standards setting that set limits for contaminant levels or establishing establish treatment techniques to meet standards necessary to protect the public health. |
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| 80 | 80 | | |
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| 81 | 81 | | (t) (r) "Service connection" means a direct connection from a distribution water main to a living unit or other site to provide water for drinking or household purposes. |
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| 82 | 82 | | |
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| 83 | 83 | | (u) (s) "Source water assessment" means a state program to delineate the boundaries of areas in the this state from which 1 or more public water supplies receive supplies of drinking water, to identify contaminants regulated under this act for which monitoring is required because the this state has determined they the contaminants may present a threat to public health, and, to the extent practical, to determine the susceptibility of the public water supply in the delineated area to these contaminants. |
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| 84 | 84 | | |
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| 85 | 85 | | (v) (t) "Supplier of water" or "supplier" means a person who that owns or operates a public water supply, and includes a water hauler. |
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| 86 | 86 | | |
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| 87 | 87 | | (w) (u) "Transient noncommunity water supply" means a noncommunity supply that does not meet the definition of nontransient noncommunity water supply. |
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| 88 | 88 | | |
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| 89 | 89 | | (x) (v) "Water hauler" means a person engaged in bulk vehicular transportation of water to other than the water hauler's own household which that is intended for use or used for drinking or household purposes. Excluded from this definition are those persons providing Water hauler does not include a person that provides water solely for employee use. |
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| 90 | 90 | | |
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| 91 | 91 | | (y) (w) "Water main" means a pipe owned or controlled by a supplier that may convey water to a customer service connection or to a fire hydrant. |
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| 92 | 92 | | |
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| 93 | 93 | | (z) (x) "Waterworks system" or "system" means a system of pipes and structures through which water is obtained and distributed, including but not limited to wells and well structures, intakes and cribs, pumping stations, treatment plants, storage tanks, pipelines and appurtenances, or a combination thereof, actually used or intended for use for the purpose of furnishing water for drinking or household purposes. |
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| 94 | 94 | | |
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| 95 | 95 | | (aa) (y) "Year-round service" means the ability of a supplier of water to provide drinking water on a continuous basis to a living unit or facility. |
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| 96 | 96 | | |
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| 97 | 97 | | Sec. 3. Subject to the limitations contained in this act, the department shall have power and control over public water supplies waterworks systems and suppliers of water. The director may enter do either of the following: |
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| 98 | 98 | | |
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| 99 | 99 | | (a) Enter upon the waterworks system of a supplier of water at reasonable times for the purpose of inspecting the waterworks system and carrying out the requirements and responsibilities under this act and the rules promulgated under this act. |
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| 100 | 100 | | |
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| 101 | 101 | | (b) Enter upon a waterworks system at a mobile home park or seasonal mobile home park that consists solely of customer site piping, at reasonable times, as necessary for the purpose of investigating a complaint that the water being provided is not adequate or healthful or is not in compliance with state drinking water standards when the water arrives at a mobile home located in the mobile home park or seasonal mobile home park. |
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| 102 | 102 | | |
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| 103 | 103 | | Sec. 15. (1) When considered necessary for the protection of the public health, the department shall notify a supplier of water or the owner of customer site piping located at a mobile home park or seasonal mobile home park of the need to make changes in operations, to provide treatment, to make structural changes in existing systems or piping, or to add additional capacity as necessary to produce and distribute an adequate quantity of water meeting the that meets state drinking water standards. |
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| 104 | 104 | | |
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| 105 | 105 | | (2) The department shall inspect a waterworks system or a part of a waterworks system , and the manner of operation of the waterworks system, or part of the waterworks system. If, upon on inspection, the department determines the waterworks system to be is inadequate or so operated as to in a manner that does not adequately protect the public health, the department may order the supplier of water or the owner of customer site piping located at a mobile home park or seasonal mobile home park to make alterations in the waterworks system or its the method of operation as may be required or considered advisable by the department to assure ensure the public water supply waterworks system can produce or distribute water that is adequate, is healthful, and in conformance with meets state drinking water standards. If the supplier of water or the owner of customer site piping located at a mobile home park or seasonal mobile home park does not request a public hearing within 30 days after receipt of the an order issued under this subsection, the order shall be is final and binding on the supplier of water or the owner of customer site piping located at a mobile home park or seasonal mobile home park. If the department receives a request for a public hearing within the specified 30 days, the department shall immediately arrange the public hearing. shall be immediately arranged. If a public hearing is requested in a timely manner, a final order must not go into effect until after the public hearing is completed. The department may revise the order based on information provided at the public hearing before issuing a final order. A supplier of water or the owner of customer site piping located at a mobile home park or seasonal mobile home park shall comply with a final order of the department. |
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| 106 | 106 | | |
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| 107 | 107 | | (3) If a public water supply waterworks system poses an imminent hazard to the public health, the department may issue an emergency order immediately, without notice or hearing, requiring such action as that requires the supplier of water or the owner of customer site piping located at a mobile home park or seasonal mobile home park to take any action the department determines is necessary to protect the public health. Normal administrative Administrative procedures as required by under the administrative procedures act of 1969, Act No. 306 of the Public Acts of 1969, as amended, being sections 24.201 to 24.328 of the Michigan Compiled Laws, shall 1969 PA 306, MCL 24.201 to 24.328, must proceed concurrently with an emergency order upon on written request of the supplier of water or the owner of customer site piping located at a mobile home park or seasonal mobile home park received within 15 days after the department issues the emergency order. An emergency order shall be is effective immediately and binding until modified or rescinded by the department or a court. of competent jurisdiction. |
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| 108 | 108 | | |
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| 109 | 109 | | (4) The department may take appropriate action to limit water system the expansion of a waterworks system or limit water use from a public water supply or customer site piping at a mobile home park or seasonal mobile home park until such time as satisfactory improvements are made in the system or operation to provide for a continuous, adequate supply of water meeting the that meets state drinking water standards. |
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