February 14, 2017, Introduced by Senators YOUNG, HOPGOOD, ANANICH and HERTEL and referred to the Committee on Government Operations.
A bill to amend 1976 PA 399, entitled
"Safe drinking water act,"
by amending section 7 (MCL 325.1007), as amended by 1998 PA 56.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
7. (1) The A supplier of water shall collect water
samples or have them collected on a schedule at least equal to that
outlined
specified 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
Environmental Protection Agency for contaminants listed in the
state drinking water standards, and shall report the results of the
analyses to the department in a timely manner as specified in the
rules. The water samples collected under this subsection shall be
collected and tested pursuant to procedures required by the United
States Environmental Protection Agency and consistent with
regulations of the United States Environmental Protection Agency.
When collecting water samples to determine compliance with the
state drinking water standards for lead and copper, the supplier of
water that collects water samples, or the department if it collects
water samples, shall not use the procedure of preflushing.
(2)
If a supplier of water who that
serves a population of
10,000 or fewer individuals fails to comply with subsection (1),
the department may do any of the following:
(a)
Impose against Assess that supplier an administrative fine
of $200.00 for each failure to collect and have analyzed a water
sample required under this act.
(b) For each failure to collect and have analyzed a water
sample required under this act within the 12-month period following
a
failure described in subdivision (a), impose against assess that
supplier an administrative fine of $400.00.
(c)
In addition to an administrative fine imposed assessed
under subdivision (a) or (b), obtain a sampling or analysis or both
required under this act at the supplier's cost.
(d)
Proceed pursuant to under section 22.
(3) If a supplier of water serving a population of 10,000 or
less fails to meet state drinking water standards, the department
may do any of the following:
(a)
Impose against Assess that supplier an administrative fine
of not less than $400.00 per day per violation and not more than
$1,000.00 per day per violation. An administrative fine for a
single
violation shall must not exceed a cumulative total of
$2,000.00.
(b)
Proceed pursuant to under section 22.
(4)
If a supplier of water serving a population of equal to or
more than 10,000 fails to comply with state drinking water
standards or any monitoring or reporting requirement, the
department may do any of the following:
(a)
Impose against Assess that supplier an administrative fine
of not less than $1,000.00 per day per violation and not more than
$2,000.00 per day per violation. An administrative fine for a
single
violation may must not exceed a cumulative total of
$10,000.00.
(b) In addition to an administrative fine imposed under
subdivision (a), obtain at the supplier's cost water samples and
secure analyses of the water samples at a certified laboratory if
monitoring has not met minimum requirements under this act.
(c)
Proceed pursuant to under section 22.
(5)
A supplier may appeal an administrative fine imposed
assessed under this section pursuant to the administrative
procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.
(6)
Administrative fines collected under this section shall
must be forwarded to the state treasurer for deposit into the state
drinking water revolving fund established under section 16b of the
shared credit rating act, 1985 PA 227, MCL 141.1066b.