September 20, 2006, Introduced by Reps. Pastor, Sheen, Palmer, Gosselin, Acciavatti, Marleau, LaJoy, Moore, Moolenaar, Brandenburg, Shaffer, Amos, Elsenheimer, Booher, Casperson, Gillard, Baxter, Huizenga, Stakoe, Hoogendyk, Pavlov, Hune, Taub, Stahl and Vander Veen and referred to the Committee on Natural Resources, Great Lakes, Land Use, and Environment.
A bill to amend 1976 PA 399, entitled
"Safe drinking water act,"
by amending sections 4 and 21 (MCL 325.1004 and 325.1021), section
4 as amended by 2006 PA 37, and by adding section 4a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 4. (1) A supplier of water shall file with the department
the plans and specifications of the entire waterworks system owned
or operated by the supplier, unless the department determines that
its existing records are adequate. A general plan of the waterworks
system for each public water supply shall be provided to the
department by a supplier of water and shall be updated as
determined necessary by the department.
(2) Upon receipt of the plans and specifications for a
proposed waterworks system, the department shall evaluate the
adequacy of the proposed system to protect the public health by
supplying water meeting the state drinking water standards and, if
applicable, shall evaluate the impact of the proposed system as
provided in subsections (3) and (4). The department shall also
conduct a capacity assessment for a proposed community supply or
nontransient noncommunity water supply and determine if the system
has the technical, financial, and managerial capacity to meet all
requirements of this act and the rules promulgated under this act,
on the date of commencement of operations. If upon evaluation the
department determines the plans and specifications to be inadequate
or the capacity assessment shows the system to be inadequate, the
department may return the plans and specifications to the applicant
and require additions or modifications as may be appropriate. The
department may reject plans and specifications for a waterworks
system that will not satisfactorily provide for the protection of
the public health or, if applicable, will not meet the standards
provided in subsections (3) and (4). The department may deny a
permit for construction of a proposed community supply or a
nontransient noncommunity water supply if the capacity assessment
shows that the proposed system does not have adequate technical,
financial, or managerial capacity to meet the requirements of this
act and the rules promulgated under this act.
(3) The department may evaluate the impact of a proposed
waterworks system for a community supply owned by a political
subdivision that will do any of the following:
(a) Provide new total designed withdrawal capacity of more
than 2,000,000 gallons of water per day from a source of water
other than the Great Lakes and their connecting waterways.
(b) Provide an increased total designed withdrawal capacity of
more than 2,000,000 gallons of water per day from a source of water
other than the Great Lakes and their connecting waterways beyond
the system's total designed withdrawal capacity.
(c) Provide new total designed withdrawal capacity of more
than 5,000,000 gallons of water per day from the Great Lakes and
their connecting waterways.
(d) Provide an increased total designed withdrawal capacity of
more than 5,000,000 gallons of water per day from the Great Lakes
and their connecting waterways beyond the system's total designed
withdrawal capacity.
(4) The department shall reject the plans and specifications
for a proposed waterworks system evaluated under subsection (3) if
it determines that the proposed system will not meet the applicable
standard provided in section 32723(5) or (6) of the natural
resources and environmental protection act, 1994 PA 451, MCL
324.32723, unless both of the following conditions are met:
(a) The department determines that there is no feasible and
prudent alternative location for the withdrawal.
(b) The department includes in the approval conditions related
to depth, pumping capacity, rate of flow, and ultimate use that
ensure that the environmental impact of the withdrawal is balanced
by the public benefit of the withdrawal related to public health,
safety, and welfare.
(5) Before commencing the construction of a waterworks system
or an alteration, addition, or improvement to a system, a supplier
of water shall submit the plans and specifications for the
improvements to the department and secure from the department a
permit for construction as provided by rule. Plans and
specifications submitted to the department shall be prepared by a
professional engineer licensed under article 20 of the occupational
code, 1980 PA 299, MCL 339.2001 to 339.2014. A contractor, builder,
or supplier of water shall not engage in or begin the construction
of a waterworks system or an alteration, addition, or improvement
to a waterworks system until a valid permit for the construction
has been secured from the department. A contractor, builder, or
supplier of water who permits or allows construction to proceed
without a valid permit, or in a manner not in accordance with the
plans and specifications approved by the department, violates this
act. A supplier of water shall not issue a voucher or check or in
any other way expend money or provide consideration for
construction of a waterworks system unless a valid permit issued by
the department is in effect. A supplier may request an expedited
permit application review as provided in section 4a.
(6) The department may deny a permit for construction of a
waterworks system or an alteration, addition, or improvement to a
waterworks system if the most recent capacity assessment shows that
the waterworks system does not have adequate technical, financial,
or managerial capacity to meet the requirements of this act and the
rules promulgated under this act, and the deficiencies identified
in that capacity assessment remain uncorrected, unless the proposed
construction will remedy the deficiencies.
(7) A person shall obtain written approval from the department
for all modifications to a waterworks system except for a minor
modification. The department may verbally approve minor
modifications of a construction permit issued by the department
because of unforeseen site conditions that become apparent during
construction. Minor modifications include, but are not limited to,
extending a hydrant lead or routing a water main around a manhole.
A person making a request for a modification shall provide to the
department all relevant information required under this section and
the application form provided by the department related to the
modification. A person receiving a written or verbal approval from
the department shall submit revised plans and specifications to the
department within 10 days from the date of approval.
(8) If a person seeks confirmation of the department's verbal
approval of a minor modification under subsection (7), the person
shall notify the department electronically, at an address specified
by the department, with a detailed description of the request for
the modification. The department shall make reasonable efforts to
respond within 2 business days, confirming whether the request has
been approved or not approved. If the department has not responded
within 2 business days after the department receives the detailed
description, the verbal approval shall be considered confirmed.
Sec. 4a. (1) An expedited permit application review process is
available from October 1, 2006 through September 30, 2009 for
projects described in subsection (6). A supplier planning to
request an expedited permit application review shall notify the
department electronically, in accordance with the instructions
provided on the department's website, at least 2 weeks prior to
submitting a request for an expedited permit application review.
The supplier shall submit the request for an expedited permit
application review electronically and shall include the appropriate
fee as provided in subsection (2). Credit card payment of the
appropriate fee is required with the electronic filing of the
application. The supplier shall submit a written copy of the
construction plans and specifications for the project to the
department postmarked no later than the date that the application
was submitted electronically.
(2) The expedited permit application review fee shall be as
follows:
(a) Water main projects with total lengths less than 1,000
feet, $1,000.00.
(b) Water main projects with total lengths greater than or
equal to 1,000 feet and less than 3,000 feet, $1,500.00.
(c) Water main projects of total length greater than 3,000
feet and less than or equal to 10,000 feet, $2,000.00.
(3) Except as otherwise provided in subsection (5), if an
applicant does not submit a complete application and the
appropriate fee under subsection (2), or if the notification
required in subsection (1) is not made, the department shall not
conduct an expedited review and the fee shall not be refunded.
Within 10 business days of receipt of the application, the
department shall notify the supplier of the reasons why the
application will not be expedited. The supplier may correct the
deficiencies and submit a new request for an expedited permit
application review with the appropriate fee in accordance with this
section. The department shall not reject a resubmitted application
solely because the department failed to identify the deficiencies
in the original application.
(4) For a second submission of an application that originally
failed to meet the requirements specified in subsection (3), the
applicant shall include a fee equal to 10% of the fee specified in
subsection (2). If the applicant makes additional changes other
than those items identified by the department as being deficient,
the applicant shall include the fee specified in subsection (2).
For each subsequent submittal of an application that fails to meet
the requirements specified in subsection (3), the applicant shall
include the fee specified in subsection (2).
(5) If an applicant fails to provide a complete application or
the appropriate fee required under this section, the department
shall notify the applicant within 5 business days. The application
shall not be processed until the deficient items are addressed. If
the applicant does not provide the deficient items within 5
business days after notification by the department, the application
shall be handled as provided in subsection (3). The fee for an
expedited review required under this section shall be refunded if
the department fails to meet the deadlines established in
subsection (7).
(6) A request for an expedited permit application review is
limited to projects which consist solely of installation of new
water mains of less than or equal to 10,000 feet located in a
county with a population of between 750,000 and 1,000,000 and any
contiguous county with a population of greater than 160,000.
Expedited permit application reviews are not allowed for other
projects requiring a permit under this act including, but not
limited to, projects involving water treatment processes, ground or
elevated storage tanks, chemical feed systems, wells, booster
stations, pumps, new proposed waterworks systems subject to a
capacity assessment, or projects funded under the state drinking
water revolving fund established under section 16b of the shared
credit rating act, 1985 PA 227, MCL 141.1066b.
(7) The department shall review and make a decision on a
complete application submitted in accordance with a request for
expedited permit application review pursuant to the following
schedule:
(a) From October 1, 2006 through September 30, 2007, the
department shall make a permit decision within 20 business days of
receipt by the department of the complete application, including
plans and specifications.
(b) From October 1, 2007 through September 30, 2008, the
department shall make a permit decision within 15 business days of
receipt by the department of the complete application, including
plans and specifications.
(c) From October 1, 2008 through September 30, 2009, the
department shall make a permit decision within 10 business days of
receipt by the department of the complete application, including
plans and specifications.
(8) If the department fails to meet the deadlines specified in
subsection (7), the department shall continue to expedite the
application review process for an application submitted under this
section.
(9) Expedited permit application review fees shall be
deposited into the infrastructure construction fund created in
section 4113 of the natural resources and environmental protection
act, 1994 PA 451, MCL 324.4113.
(10) As used in this section:
(a) "Complete application" means the application form provided
by the department is completed, all requested information is
provided, the submitted construction plans and specifications are
prepared and sealed by a professional engineer licensed under
article 20 of the occupational code, 1980 PA 299, MCL 339.2001 to
339.2014, and the application and construction plans and
specifications can be processed for issuance of the permit without
additional information. The department may consider an application
with minor design issues complete on condition that those issues
are corrected.
(b) "Project" means a plan or proposal to install new water
mains within a waterworks system located in 1 general area where
all the components are interconnected but does not include a
waterworks system proposed for construction in separate parcels of
land or development areas.
Sec. 21. (1) A person who knowingly violates this act or the
rules
promulgated hereunder under this act or an order
issued
pursuant
to this act is guilty of a misdemeanor
and shall be
punished
punishable by a fine of not more than $5,000.00 for each
day of violation, or by imprisonment for not more than 1 year, or
both.
(2) A law enforcement officer may issue and serve an
appearance ticket upon a person for a minor offense pursuant to
sections 9a and 9g of chapter IV of the code of criminal procedure,
1927 PA 175, MCL 764.9a and 764.9g.
(3) As used in this section, "minor offense" means a violation
of a permit issued under this act that does not functionally impair
the operation or capacity of a waterworks system or the level of
public health protection it provides.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No.____ (request no.
07161'06) of the 93rd Legislature is enacted into law.