March 15, 2016, Introduced by Reps. Neeley, Phelps, Plawecki, Rutledge, Smiley, Chang, Garrett, Brunner, Hoadley, Guerra, Schor, Faris, Durhal, Dianda, Geiss, LaVoy, Hovey-Wright, Irwin, Brinks and Moss and referred to the Committee on Local Government.
A bill to amend 1976 PA 399, entitled
"Safe drinking water act,"
by amending section 2 (MCL 325.1002), as amended by 1998 PA 56, and
by adding section 7a.
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) "Child care center" means that term as defined in section
1 of 1973 PA 116, MCL 722.111.
(d) (c)
"Community supply" means
a public water supply that
provides year-round service to not fewer than 15 living units or
which regularly provides year-round service to not fewer than 25
residents.
(e) (d)
"Contaminant" means a
physical, chemical, biological,
or radiological substance or matter in water.
(f) (e)
"Customer service
connection" means the pipe between a
water main and customer site piping or building plumbing system.
(g) (f)
"Customer site piping" means
an underground piping
system 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 system that incorporates
treatment to protect public health.
(h) (g) "Department" means the
department of environmental
quality or its authorized agent or representative.
(i) (h)
"Director" means the director of the department of
environmental quality or his or her authorized agent or
representative.
(j) (i)
"Imminent hazard" means
a condition that, in
the
judgment
of the director, there is a violation, or a condition that
is
or may cause a violation , of
the state drinking water standards
at a public water supply requiring immediate action to prevent
endangering the health of people.
(k) (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.
(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 includes water supplies in places of
employment,
schools, and day-care child
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 the
legal
representative,
agent, or assigns assign
of a legal entity.
(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 the 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.of
those entities.
(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.
(q)
"State drinking water standards" means quality standards
setting
limits for contaminant levels or establishing treatment
techniques
to meet standards necessary to protect the public
health.
(r) "School" means a public school or a nonpublic school as
those terms are defined in section 5 of the revised school code,
1976 PA 451, MCL 380.5.
(s) (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.
(t) (s)
"Source water assessment" means a state program to
delineate the boundaries of areas in the 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 state has determined they 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.
(u) "State drinking water standards" means quality standards
setting limits for contaminant levels or establishing treatment
techniques to meet standards necessary to protect the public
health.
(v) (t) "Supplier of water" or
"supplier" means a person who
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 is intended for use or used for drinking or
household purposes. Excluded from this definition are those persons
providing 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, and 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. 7a. (1) The department shall establish a program to
assist schools and child care centers in testing and remedying lead
contamination in drinking water from drinking water coolers or
other sources under the control of the schools or child care
centers. The program shall require that the school or child care
center repair, replace, remove, or render inoperable a drinking
water cooler that is a source of lead contamination.
(2) Each school or child care center shall conduct periodic
sampling and testing of the drinking water at the school or child
care center for the presence of lead and shall report the test
results to the department.
(3) Upon receipt of test results under subsection (2), the
department shall make them available to the public on the
department's website.
(4) A school or child care center shall make a copy of test
results under subsection (2) available in its administrative
offices for inspection by teachers and other school personnel,
parents, and other members of the public.
(5) The department shall promulgate rules pursuant to the
administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to
24.328, to implement this section.