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 sections 7a and 7c.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2. As used in this act:
(a) "Action level" means the concentration of lead or copper
in water, as specified in rules promulgated under this act, that
determines, in some cases, the treatment requirements that a public
water supply is required to satisfy.
(b) (a)
"Bottled drinking water"
means water that is
ultimately sold, provided, or offered for human consumption in a
closed container.
(c) (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.
(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) "Day care center" means that term as defined in section 1
of 1973 PA 116, MCL 722.111.
(i)
(g) "Department" means the department of
environmental
quality or its authorized agent or representative.
(j) (h)
"Director" means the
director of the department of
environmental quality or his or her authorized agent or
representative.
(k) (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.
(l) (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.
(m) (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.
(n) (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 including
water supplies in
places
of employment, schools, and day-care day care centers.
(o) (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.
(p) (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.
(q) (o)
"Political subdivision"
means a city, village,
township, charter township, county, district, authority or portion
or
combination thereof
of those entities.
(r) "Profile testing" means testing of samples drawn at
flushing intervals appropriate to obtain water that has been
standing in the service connection, the site piping, and the
building plumbing system of a structure.
(s) (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.
(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 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.
(v) "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.
(w) (t)
"Supplier of water" or
"supplier" means a person who
owns or operates a public water supply, and includes a water
hauler.
(x) (u)
"Transient noncommunity water
supply" means a
noncommunity supply that does not meet the definition of
nontransient noncommunity water supply.
(y) (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 but
does
not include persons providing water
solely for employee
their employees' use.
(z) (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.
(aa) (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.
(bb) (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) A supplier shall sample its public water supply
annually and test it for the presence of lead and copper.
(2) Sampling and testing under subsection (1) shall comply
with all of the following requirements:
(a) If a supplier samples water at a residence that is served
by a lead service line, the supplier shall draw the sample from
water that has been standing in the lead service line.
(b) A supplier shall place residences that contain copper
pipes soldered with lead and installed after 1982 or that contain
lead pipes, and residences that are served by a lead service line,
in separate pools for the purposes of sampling, testing, and
reporting.
(c) A supplier shall conduct sampling on a random basis in
each pool, subject to customer participation levels.
(d) A supplier shall determine the number of residences to be
sampled from each pool before any testing begins and that number
shall be sufficient to yield results at a 95% confidence level and
a 5% confidence interval, unless a lower confidence level or larger
confidence interval is required because of customer participation
levels.
(e) A supplier shall not invalidate test results for samples
except as provided by law.
(3) The supplier shall notify each customer whose water is
sampled for testing under subsection (1) of the results of the
testing. The notice shall specify the state drinking water
standards for lead and copper and the level of lead and copper in
each sample from that customer's residence.
(4) If testing under subsection (1) indicates the presence of
lead or copper in the public water supply in a concentration
exceeding the lead or copper action level, the supplier shall do
both of the following:
(a) Conduct profile testing of the level of lead or copper, as
applicable, in the public water supply.
(b) Include in any public notice or public education materials
required by rules promulgated under this act as a result of
exceeding the lead or copper action level, advice, based on the
profile testing, on household use of water, including any flushing
instructions.
Sec. 7c. If a supplier knows that a customer's residence is
served by a lead service line, the supplier shall annually notify
each customer that their residence is served by a lead service
line. The notice shall contain information regarding the health
effects of lead and advice on the household use of water, including
any flushing instructions.