Bill Text: MI SB0824 | 2009-2010 | 95th Legislature | Engrossed
Bill Title: State agencies (existing); natural resources; powers and duties of the department of environmental quality under safe drinking water act; transfer to the department of natural resources. Amends title & sec. 2 of 1976 PA 399 (MCL 325.1002). TIE BAR WITH: SB 0807'09
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2009-12-02 - Referred To Committee On Government Operations [SB0824 Detail]
Download: Michigan-2009-SB0824-Engrossed.html
SB-0824, As Passed Senate, December 2, 2009
SENATE BILL No. 824
September 15, 2009, Introduced by Senators BARCIA and McMANUS and referred to the Committee on Appropriations.
A bill to amend 1976 PA 399, entitled
"Safe drinking water act,"
by amending the title and section 2 (MCL 325.1002), as amended by
1998 PA 56.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
TITLE
An act to protect the public health; to provide for
supervision
and control over public water supplies; to prescribe
the
powers and duties of the department of environmental quality;
to provide for the submission of plans and specifications for
waterworks systems and the issuance of construction permits
therefor; to provide for capacity assessments and source water
assessments of public water supplies; to provide for the
classification of public water supplies and the examination,
certification and regulation of persons operating those systems; to
provide for continuous, adequate operation of privately owned,
public water supplies; to authorize the promulgation of rules to
carry out the intent of the act; to create the water supply fund;
to provide for the administration of the water supply fund; to
provide for the powers and duties of certain state and local
governmental officers and entities; and to provide penalties.
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)
"Department" means the department of environmental quality
natural resources or its authorized agent or representative.
(h) "Director" means the director of the department of
environmental
quality natural resources or his or her authorized
agent or representative.
(i) "Imminent hazard" means that in the judgment of the
director there is a violation, or a condition that 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.
(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.
(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.
(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 centers.
(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 legal representative, agent, or
assigns.
(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 waterworks system is to be operated.
(o) "Political subdivision" means a city, village, township,
charter township, county, district, authority or portion or
combination thereof.
(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) "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.
(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.
(t) "Supplier of water" or "supplier" means a person who owns
or operates a public water supply, and includes a water hauler.
(u) "Transient noncommunity water supply" means a noncommunity
supply that does not meet the definition of nontransient
noncommunity water supply.
(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.
(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.
(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, pipelines
and appurtenances, or a combination thereof, actually used or
intended for use for the purpose of furnishing water for drinking
or household purposes.
(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.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No. 807
of the 95th Legislature is enacted into law.
