MICHIGAN SAFE DRINKING WATER ACT and the …

1 Rev. October 16, 2015 MICHIGAN SAFE DRINKING WATER ACT 1976 PA 399, as Amended, MCL to and the Administrative Rules, Supplying WATER to the Public R to R Click here to download the Public Act 399 of 1976, or Copy and paste into a web browser Click on Printer Friendly Click on either HTML Version or PDF Version. Click here to download rules Supplying WATER to the Public or to be sure to access the latest version: Visit Scroll down and click on Laws and Rules under DEQ Regulations Click on MICHIGAN Environmental Rules Click on Office of DRINKING WATER & Municipal Assistance Click on Supplying WATER to the Public - Part 1 - Part 28 MICHIGAN Department of Environmental Quality Office of DRINKING WATER and Municipal Assistance 525 West Allegan Street Box 30241 Lansing, MICHIGAN 48909-7741 Governor Rick Snyder Director Dan Wyant MICHIGAN Safe DRINKING WATER Act 1976 Public Act 399, MCL to Public Act Effective Date 2012 PA 557 January 2, 2013 2011 PA 147 September 21, 2011 2008 PA 187 and 188 July 9, 2008 2006 PA 37 February 28, 2006 1998 PA 56 April 8, 1998 1993 PA 165 September 16, 1993 1989 PA 34 May 31, 1989 1976 PA 399 April 4.

2 1977 1913 PA 98 Original PWS laws Safe DRINKING WATER Act (federal act) Enacted by Public Law 93-523, December 16, 1974; 88 Stat. 1660, 42 300f et seq. PL 104-182 August 6, 1996 PL 104-66 December 21, 1995 PL 103-382 October 20, 1994 PL 100-572 October 31, 1988 PL 99-339 June 19, 1986 PL 98-620 November 11, 1984 PL 96-502 December 5, 1980 PL 96-63 September 6, 1979 PL 95-190 November 16, 1977 PL 94-484 October 12, 1976 PL 94-317 June 23, 1976 PL 93-523 December 16, 1974 The MICHIGAN Department of Environmental Quality (MDEQ) will not discriminate against any individual or group on the basis of race, sex, religion, age, national origin, color, marital status, disability or political beliefs. Questions or concerns should be directed to the MDEQ Office of Human Resources, Box 30473, Lansing, MI 48909.

3 MDEQ Environmental Assistance Center 1- 800-662-9278 TABLE OF CONTENTS Act 399 Section Number Page Number Table of Contents Page i Short title.. 1 Legislative intent; WATER resources research institutes.. 1 Definitions.. 1 Power and control over public WATER supplies and suppliers of WATER ; inspection of waterworks system.. 2 Exemption of agricultural employer from well inspection fees; 2 Department of environmental quality; powers; conduct of capacity assessment or source WATER assessment; availability of records to department.. 3 Waterworks system; filing plans and specifications; general plan; evaluation of proposed system; use of assessment tool; determination of zone C withdrawal; certification of measures taken; capacity assessment; return or rejection of plans and specifications; public notice; plans and specifications for improvements; permit for construction; violation; conditions for denial of permit; verbal approval of minor modifications; confirmation; report; definitions.

4 5 Expedited permit application review process.. 6 Rules.. 6 Customer site piping; limitations.. 6 Maximum contaminant levels; incorporation by 7 Collecting and analyzing WATER samples; reporting results of analyses; failure of supplier to comply; appeal; disposition of administrative fines.. 7 Design and operation standards of public WATER supplies; considerations; purpose.. 8 Classification of WATER treatment and distribution systems; advisory board of examiners; certificates of competency; supervision of public WATER supply; certificate renewal; training program for certified operator; fees.. 8 Approval of privately owned public WATER supply; escrow account to correct deficiencies in public WATER supply; compliance with subsections (1) and (2) by private purchaser.. 8 Review and certification of laboratories testing WATER .

5 9 Community supply provider; annual fees; schedule; adjustment; payment; failure to submit timely payment; penalty; collection.. 9 Noncommunity supply provider; annual fees; schedule; adjustment; fee on 5 or more noncommunity supplies under same ownership on contiguous properties; payment; penalty on delinquent fees; exemption from annual fee in subsection (1); services provided by department not required.. 9 Laboratory review and certification; service fees; adjustment; duration of certification.. 10 WATER supply fund; creation; administration; capitalization; retention and expenditure of funds.. 10 Laboratory capability to test for contaminants.. 10 Product defined; rules; product standards; certification as prima facie evidence of meeting standards; list; supplying information for review; failure to comply; hearing; prohibition.

6 10 Reports; records; rules relating to consumer confidence reports; contents of report; applicability of subsection (3); availability of report on internet.. 11 Protection of public health; notice to supplier of WATER ; inspection of waterworks system; order; public hearing; emergency order; action limiting WATER system expansion or WATER use.. 12 Agreements, contracts, or cooperative arrangements for purpose of administering act; grants of money or other aid; use and receipt of funds.. 12 Bottled DRINKING WATER .. 12 WATER haulers; license; source of WATER ; WATER quality.. 13 Noncompliance with state DRINKING WATER standards; notification of users; litigation.. 13 Variances or exemptions.. 13 Violation as misdemeanor; penalty; issuance of appearance ticket; "minor offense" defined.

7 14 Enforcement of act, rules, or orders; penalty.. 14 Act subject to MCL to .. 14 TABLE OF CONTENTS Supplying WATER To The Public Rule Number Page Number Table of Contents Page ii PART 1. GENERAL PROVISIONS .. 1 R .. Purpose.. 1 R .. Definitions; A, B.. 1 R .. Definitions; C.. 2 R .. Definitions; D, E.. 3 R .. Definitions; F to L.. 5 R .. Definitions; M to 6 R .. Definitions; P, R.. 7 R .. Definitions; S.. 9 R .. Definitions; T to Y.. 10 R .. Definitions; parts 6 and 7.. 11 R .. Rescinded.. 11 R .. Adoption by reference.. 11 R .. Compliance with rules; guideline information.. 12 R .. Recissions.. 12 R .. Remedies and penalties.. 13 R .. Addresses.. 13 PART 2. HEARINGS AND CONTESTED CASES .. 13 R .. Public hearings; applicable law.. 13 R .. Requests for public hearings.

8 13 R .. Contested cases; applicable law; appearances; service of notices and orders.. 14 R .. Initiation of contested case hearing.. 14 R .. Notice of contested case hearing.. 14 R .. Hearing officer; record of proceedings; proposal for decision.. 14 R .. Division files and records; availability; evidence.. 15 R .. Stipulations and consent orders; final orders.. 15 PART 3. VARIANCES, EXEMPTIONS, AND AVAILABLE TECHNOLOGIES .. 15 R .. Purpose.. 15 R .. Form.. 15 R .. Request for variance or exemption from state DRINKING WATER standards generally.. 15 R .. Variance from MCL or treatment technique; required finding.. 16 R .. Request for variance; included information.. 16 R .. Exemption from MCL or treatment technique; required finding.. 16 R .. Request for exemption; included information.

9 17 R .. Review of request for variance or exemption.. 17 R .. Variances from MCL for total trihalomethanes.. 17 R .. Best available technology.. 18 R .. Disposition of requests for variances or exemptions; public notices and opportunity for public hearings.. 24 R .. Order granting a variance or exemption or prescribing compliance schedule; denial of request.. 24 R .. Term of exemption; reissuance.. 24 R .. Remedies and penalties.. 24 R .. Criteria for WATER supplies using POE, or POU, or both.. 25 PART 4. PUBLIC NOTIFICATION AND PUBLIC EDUCATION .. 26 R .. Purpose.. 26 R .. General public notification requirements.. 26 R .. Tier 1 public notice; form, manner, and frequency of notice.. 33 R .. Tier 2 public notice; form, manner, and frequency of notice.. 34 R .. Tier 3 public notice; form, manner, and frequency of notice.

10 35 R .. Content of public notice.. 36 R .. Notice to new billing units or new customers.. 57 R .. Special notice of the availability of unregulated contaminant monitoring results.. 57 TABLE OF CONTENTS Supplying WATER To The Public Rule Number Page Number Table of Contents Page iii R .. Periodic progress reports; correction of violations and notification of customers.. 57 R .. Special notice when fluoride level is above mg/l.. 57 R .. Special notice for nitrate exceedances above MCL by noncommunity WATER supplies (NCWS); permission granted by department.. 58 R .. Special notice to public of significant deficiencies or source WATER fecal contamination.. 58 R .. Repeated failure to conduct monitoring of source WATER for Cryptosporidium and failure to determine bin classification or mean Cryptosporidium level; special notice.