November 9, 2005, Introduced by Senator BIRKHOLZ and referred to the Committee on Natural Resources and Environmental Affairs.
A bill to amend 1976 PA 399, entitled
"Safe drinking water act,"
by amending section 4 (MCL 325.1004), as amended by 1998 PA 56.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 4. (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
department by a supplier of water and shall be updated as
determined necessary by the department.
(2) Upon receipt of the plans and specifications for a
proposed waterworks system, the department shall evaluate the
adequacy of the proposed system to protect the public health by
supplying water meeting the state drinking water standards and, if
applicable, shall evaluate the environmental impact of the proposed
system as provided in subsection (3). The department shall also
conduct a capacity assessment for a proposed community supply or
nontransient noncommunity water supply and determine if the system
has the technical, financial, and managerial capacity to meet all
requirements of this act and the rules promulgated under this act,
on the date of commencement of operations. If upon evaluation the
department determines the plans and specifications to be inadequate
or the capacity assessment shows the system to be inadequate, the
department may return the plans and specifications to the applicant
and require additions or modifications as may be appropriate. The
department may reject plans and specifications for a waterworks
system which
that it determines will not satisfactorily provide
for the protection of the public health or, if applicable, the
environment as provided in subsection (3). The department may deny
a permit for construction of a proposed community supply or a
nontransient noncommunity water supply if the capacity assessment
shows that the proposed system does not have adequate technical,
financial, or managerial capacity to meet the requirements of this
act and the rules promulgated under this act.
(3) For a proposed waterworks system that will provide new or
increased withdrawal capacity of more than 2,000,000 gallons of
water per day, the department shall evaluate whether the proposed
system will cause adverse resource impacts. The department shall
reject the plans and specifications for a proposed waterworks
system if it determines that the proposed system will cause adverse
resource impacts unless the department determines that there is no
other reasonable alternative location for the withdrawal and
includes in the approval conditions related to depth, pumping
capacity, rate of flow, and ultimate use that ensure that the
environmental impact of the withdrawal is balanced by the public
benefit of the withdrawal related to public health, safety, and
welfare.
(4) (3)
Before commencing the construction of a waterworks
system or an alteration, addition, or improvement to a system, a
supplier of water shall submit the plans and specifications for the
improvements to the department and secure from the department a
permit
for construction of the same as provided by rule. Plans
and specifications submitted to the department shall be prepared by
a professional engineer licensed under article 20 of the
occupational code, 1980 PA 299, MCL 339.2001 to 339.2014. A
contractor, builder, or supplier of water shall not engage in or
begin the construction of a waterworks system or an alteration,
addition,
or improvement thereto to a waterworks system until
a
valid permit for the construction has been secured from the
department. A contractor, builder, or supplier of water who permits
or allows construction to proceed without a valid permit, or in a
manner not in accordance with the plans and specifications approved
by the department, violates this act. A supplier of water shall not
issue a voucher or check or in any other way expend money or
provide consideration for construction of a waterworks system
unless a valid permit issued by the department is in effect.
(5) (4)
The department may deny a permit for construction of
a waterworks system or an alteration, addition, or improvement to a
waterworks system if the most recent capacity assessment shows that
the waterworks system does not have adequate technical, financial,
or managerial capacity to meet the requirements of this act and the
rules promulgated under this act, and the deficiencies identified
in that capacity assessment remain uncorrected, unless the proposed
construction will remedy the deficiencies.
(6) As used in this section, the terms "adverse resource
impact" and "new or increased withdrawal capacity" mean those terms
as they are defined in section 32701 of the natural resources and
environmental protection act, 1994 PA 451, MCL 324.32701.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No. 850 of the 93rd Legislature is enacted into
law.