May 26, 2005, Introduced by Senators BERNERO, SWITALSKI, TOY, SCHAUER, OLSHOVE, CLARKE, BASHAM, EMERSON, LELAND, THOMAS, SCOTT, BRATER and BARCIA and referred to the Committee on Technology and Energy.
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 7b.
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 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
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.
(g) "Day care center" means that term as defined in section 1
of 1973 PA 116, MCL 722.111.
(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 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 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 or private school other than a
home school.
(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. 7b. (1) The department shall establish a program to
assist schools and day care centers to test for and remedy lead
contamination in drinking water from drinking water coolers or
other sources under the control of the schools or day care centers.
The program shall require that a drinking water cooler that is a
source of lead contamination be repaired, replaced, removed, or
rendered inoperable.
(2) Each school or day care center shall conduct periodic
sampling and testing of the drinking water at the school or day
care center for the presence of lead and shall report the results
of these tests to the department.
(3) Upon receipt of test results under subsection (2), the
department shall make those test results available on the
department's website.
(4) A school or day 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.