Michigan Laws 325.1019 – Noncompliance with state drinking water standards; notification of users; public advisory; litigation
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Terms Used In Michigan Laws 325.1019
- Department: means the department of environmental quality or its authorized agent or representative. See Michigan Laws 325.1002
- in writing: shall be construed to include printing, engraving, and lithographing; except that if the written signature of a person is required by law, the signature shall be the proper handwriting of the person or, if the person is unable to write, the person's proper mark, which may be, unless otherwise expressly prohibited by law, a clear and classifiable fingerprint of the person made with ink or another substance. See Michigan Laws 8.3q
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Person: means an individual, partnership, copartnership, cooperative, firm, company, public or private association or corporation, political subdivision, agency of the state, agency of the federal government, trust, estate, joint structure company, or any other legal entity, or their legal representative, agent, or assigns. See Michigan Laws 325.1002
- Public water supply: means a waterworks system that provides water for drinking or household purposes to persons other than the supplier of the water, and does not include either of the following:
(i) A waterworks system that supplies water to only 1 living unit. See Michigan Laws 325.1002State drinking water standards: means quality standards setting limits for contaminant levels or establishing treatment techniques to meet standards necessary to protect the public health. See Michigan Laws 325.1002 supplier: means a person who owns or operates a public water supply, and includes a water hauler. See Michigan Laws 325.1002
(1) If water delivered by or the operation of a public water supply is found not to be in compliance with the state drinking water standards, the department shall require the supplier of water to notify its users of the extent and nature of the noncompliance. Notification of users must be in a form and manner prescribed or otherwise approved by the department.
(2) In addition to the notification under subsection (1), if public education regarding lead is required under R 325.10410 of the Michigan Administrative Code, a supplier of water shall issue a public advisory within 3 business days after the department notifies the supplier of water that an exceedance of the lead action level occurred. Additional public education tasks must be conducted as required under R 325.10410 of the Michigan Administrative Code. A supplier of water shall provide the public advisory under this subsection 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. To reach all persons served by the public water supply, a supplier of water shall use, at a minimum, 1 or more of the following forms of communicating the public advisory:
(a) Appropriate broadcast media, such as radio and television.
(b) Posting of the public advisory in conspicuous locations throughout the area served by the public water supply.
(c) Hand delivering the public advisory to persons served by the public water supply.
(d) A communication method other than one listed in subdivisions (a) to (c) as approved, in writing, by the department.
(3) A notification or public advisory received pursuant to this section or information obtained from the notification or public advisory shall not be used against a person in a litigation, except a prosecution for perjury or for giving a false statement.