July 25, 2007, Introduced by Reps. Valentine, Sak, Alma Smith, Byrnes, LeBlanc, Vagnozzi, Wojno, Accavitti, Bieda, Kathleen Law, Polidori, Constan, Robert Jones, Bauer, Simpson, Donigan, Warren, Meadows, McDowell, Miller, Young, Melton, Brown, Hammel, Espinoza, Lemmons, Meisner, Sheltrown, Hammon, Tobocman, Corriveau, Farrah, Cushingberry, Jackson, Johnson, Coulouris, Brandenburg and Dean and referred to the Committee on Great Lakes and Environment.
A bill to amend 1976 PA 399, entitled
"Safe drinking water act,"
by amending section 17 (MCL 325.1017), as amended by 2006 PA 37.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 17. (1) A person engaged in producing bottled drinking
water shall utilize a water source meeting the requirements of this
section and the requirements otherwise provided in this act.
Bottling or packaging facilities and their operation shall remain
under
the supervision of the Michigan department of agriculture as
provided for in the food law of 2000, 2000 PA 92, MCL 289.1101 to
289.8111, and regulation no. 549, R285.549.1 through R285.549.29 of
the Michigan administrative code, and other pertinent rules and
laws.
(2) A person producing bottled drinking water from an out-of-
state source shall submit proof to the director that the source and
bottling facilities were approved by the agency having
jurisdiction. The director may withhold approval of the bottled
water if the other agency's inspection, surveillance, and approval
procedures and techniques are determined to be inadequate.
(3) A person producing bottled drinking water shall register
with the department on or before January 31, 2008 in a form and
manner required by the department and each year thereafter report
by January 31 in a form and manner required by the department the
total amount of water bottled during the preceding year from each
water source the person utilizes for producing bottled drinking
water.
(4) (3)
A person who proposes to engage in
producing bottled
drinking water from a new or increased large quantity withdrawal of
more
than 250,000 100,000 gallons of water per day shall
demonstrate
to the satisfaction of the department that all of the
following
conditions will be met submit
an application to the
department containing all of the following:
(a)
The proposed use is not likely to have an adverse resource
impact.
(b)
The proposed use is reasonable under common law principles
of
water law in Michigan.
(c)
The withdrawal will be conducted in such a manner as to
protect
riparian rights as defined by Michigan common law.
(a) A complete hydrogeological study and assessment of water
source, natural features, and soils affected by the withdrawal.
(b) An assessment of the withdrawal's effects on flows and
levels of groundwater, springs, lakes and streams, and wetlands, or
nearby wells. The assessment shall incorporate sufficient baseline
stage and flow data, pump tests of at least 7 days in duration,
pumping rates, precipitation, and recharge input and output data.
The pump tests shall be continued for a longer period if the data
are insufficient to calculate or predict effects at a new steady
state based on projected pumping.
(5) The department shall only approve an application under
subsection (4) if the department determines both of the following:
(a) The standards established in section 32723 of the natural
resources and environmental protection act, 1994 PA 451, MCL
324.32723, will be met.
(b) (d)
The person will undertake
activities, if needed, to
address hydrologic impacts commensurate with the nature and extent
of the withdrawal. These activities may include those related to
the stream flow regime, water quality, and aquifer protection.
(6) (4)
Before proposing activities under
subsection (3)(d)
(5)(b), the person proposing to engage in producing bottled
drinking water shall consult with local government officials and
interested community members.
(7) (5)
Before making the determination
under subsection (3)
(5), the department shall provide public notice and an opportunity
for public comment and public hearing.
(8) (6)
If the person proposing to engage
in producing bottled
drinking
water under subsection (3) this
section does not have a
permit under section 4, the person shall request a determination
under
subsection (3) this
section when that person applies for a
permit under section 4. If the person proposing to engage in
producing bottled drinking water has previously received a permit
under section 4, the person shall request a determination under
subsection
(3) this section prior to beginning the operations.
(9) (7)
A person seeking a departmental
determination under
subsection
(3) this section shall submit an application fee of
$5,000.00 to the department. The department shall transmit
application fees received under this section to the state treasurer
to be credited to the water use protection fund created in section
32714.
(10) The information provided in subsection (4) shall be
subject to disclosure pursuant to the freedom of information act,
1976 PA 442, MCL 15.231 to 15.246.
(11) (8)
This section shall not be construed
as affecting,
intending to affect, or in any way altering or interfering with
common law water rights or the applicability of other laws
providing for the protection of natural resources or the
environment.
(12) The decision regarding application of this section is
subject to de novo review by the courts.
(13) (9)
As used in this section,
"adverse resource impact"
and "new or increased large quantity withdrawal" mean those terms
as they are defined in section 32701 of the natural resources and
environmental protection act, 1994 PA 451, MCL 324.32701.
Enacting section 1. This amendatory act does not take effect
unless all of the following bills of the 94th Legislature are
enacted into law:
(a) Senate Bill No.____ or House Bill No. 5073(request no.
00453'07 *).
(b) Senate Bill No.____ or House Bill No. 5065(request no.
02361'07).
(c) Senate Bill No.____ or House Bill No. 5066(request no.
02362'07).
(d) Senate Bill No.____ or House Bill No. 5067(request no.
02363'07).
(e) Senate Bill No.____ or House Bill No. 5068(request no.
02364'07).
(f) Senate Bill No.____ or House Bill No. 5069(request no.
02365'07).
(g) Senate Bill No.____ or House Bill No. 5070(request no.
02366'07).
(h) Senate Bill No.____ or House Bill No. 5071(request no.
02367'07).