HOUSE BILL No. 4985

 

October 13, 2015, Introduced by Reps. Glardon, Kelly, Hughes, Vaupel, Johnson, Canfield, Victory, Sheppard, Brett Roberts and Pagel and referred to the Committee on Agriculture.

 

     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.

 

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 that 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

 

or its authorized agent or representative.

 

     (h) "Director" means the director of the department of

 

environmental quality 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 any 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.

 

     (iii) A waterworks system that provides water for agricultural

 

purposes only and is not intended for human consumption, if the

 

waterworks system is annually tested or, if applicable, tested in

 

accordance with section 71 of the manufacturing milk law of 2001,

 

2001 PA 267, MCL 288.631. The quality of water tested shall meet

 

the chemical, physical, and biological standards required under

 

section 70 of the manufacturing milk law of 2001, 2001 PA 267, MCL

 

288.630.

 

     (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 takes effect 90 days

 

after the date it is enacted into law.