Bill Text: MI HB4206 | 2017-2018 | 99th Legislature | Introduced

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Bill Title: Water; quality; process for collection of water samples; modify. Amends sec. 7 of 1976 PA 399 (MCL 325.1007).

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2017-02-15 - Bill Electronically Reproduced 02/14/2017 [HB4206 Detail]

Download: Michigan-2017-HB4206-Introduced.html

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HOUSE BILL No. 4206

 

 

February 14, 2017, Introduced by Reps. Neeley, Phelps, Faris, Durhal and Love and referred to the Committee on Natural Resources.

 

     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.