September 5, 2018, Introduced by Rep. Brinks 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, and
by adding section 7a.
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 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 for PFAS, and shall report the results of the
analyses to the department in a timely manner as specified in the
rules.
(2) If a supplier of water who serves a population of 10,000
or fewer individuals fails to comply with subsection (1) or section
7a, the department may do any of the following:
(a) Impose against 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 that
supplier an administrative fine of $400.00.
(c) In addition to an administrative fine imposed 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 section 22.
(3) If a supplier of water serving a population of 10,000 or
less
fewer individuals fails to meet state drinking water
standards, the department may do any of the following:
(a) Impose against 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 not exceed a cumulative total of $2,000.00.
(b) Proceed pursuant to section 22.
(4) If a supplier of water serving a population of more than
10,000 individuals 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 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 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 section 22.
(5) A supplier may appeal an administrative fine imposed 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 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.
(7) As used in this section and section 7a, "PFAS" means
perfluoroalkyl or polyfluoroalkyl substances. PFAS include, but are
not limited to, PFOA and PFOS.
(a) "PFOA" means perfluorooctanoic acid.
(b) "PFOS" means perfluorooctane sulfonic acid.
Sec. 7a. (1) In addition to the analysis of water samples
under section 7, a supplier of water shall, at least annually,
collect and analyze samples of water for the presence of PFAS.
(2) If the department identifies PFAS in an analysis of a
groundwater sample, the department shall notify all suppliers of
water that serve an area within 5 miles of the location in which
the PFAS were identified. Upon notice from the department under
this subsection, the supplier of water shall sample and analyze the
output of any water source serving the public water supply for the
presence of PFAS.
(3) If PFAS are detected in a public water supply through
sampling and analysis under this section or section 7, the supplier
of water shall issue a public advisory within 3 business days after
confirming of the presence of PFAS in the public water supply. The
supplier of water shall provide the public advisory in a form and
manner designed to fit the specific situation and the public
advisory must be reasonably calculated to reach all persons served
by the public water supply. Within 14 days after issuing a public
advisory, the supplier of water shall notify, by mail, all property
owners served by the public water supply of the public advisory and
the confirmation of PFAS in that public water supply. The notice
shall include educational information prepared by the department
that includes at least all of the following:
(a) What PFAS are and how they can become present in water
supplies.
(b) Potential health risks from PFAS.
(c) Information regarding how the individual may obtain
additional testing of water at his or her property.
(d) Other resources identified by the department that are
pertinent to PFAS.