December 1, 2015, Introduced by Reps. Neeley, Phelps, Talabi, Rutledge, Irwin, Derek Miller, Smiley, Guerra, Hoadley, Plawecki, Chirkun, Wittenberg, Yanez, Greig, Cochran, Gay-Dagnogo, Chang, Banks, Byrd, Schor, Moss, Geiss, Santana, Durhal, Love, Zemke, Callton, Hovey-Wright, Canfield and Tedder and referred to the Committee on Local Government.
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.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 7. (1) The 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 shall report the results of the analyses to
the department in a timely manner as specified in the rules. The
water samples collected under this subsection shall be collected
and tested pursuant to procedures required by the United States
Environmental Protection Agency and consistent with regulations of
the United States Environmental Protection Agency. The department
or the supplier of water who is collecting water samples shall not
use the procedure of preflushing when collecting the water samples.
(2) If a supplier of water who serves a population of 10,000
or fewer individuals fails to comply with subsection (1), 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 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 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.