Michigan Laws 325.1019a – State or federal government as owner or operator of real property when substance of concern used; alternative water supply to be provided to users of impacted water; conditions; monitoring; reimbursem
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Terms Used In Michigan Laws 325.1019a
- Community supply: means a public water supply that provides year-round service to not fewer than 15 living units or which regularly provides year-round service to not fewer than 25 residents. See Michigan Laws 325.1002
- Department: means the department of environmental quality or its authorized agent or representative. See Michigan Laws 325.1002
- Political subdivision: means a city, village, township, charter township, county, district, authority or portion or combination thereof. 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 325.1002Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land. state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o State 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 United States: shall be construed to include the district and territories. See Michigan Laws 8.3o
(1) If the state or federal government is or was the owner or operator of real property at the time a substance of concern was used on the real property, the state or federal government shall provide an alternative water supply to the users of an impacted water source in the vicinity of the real property if all of the following conditions are met:
(a) The Michigan department of health and human services has issued a public health advisory for drinking water covering the geographic area in the vicinity of the real property.
(b) The substance of concern that is the subject of the public health advisory for drinking water is a substance that is or was used on the real property.
(c) The state or federal government acknowledges that the substance of concern has migrated from the real property and is present in groundwater that provides water to the impacted water source.
(2) If the conditions of subsection (1)(a), (b), and (c) are met, the state or federal government that is or was the owner of the real property shall conduct long-term monitoring to delineate the extent of the migration of the substance of concern. The results of this monitoring must be provided to the department and to the Michigan department of health and human services. If the monitoring identifies additional impacted water sources containing the substance of concern, the state or federal government that is or was the owner of the real property shall provide an alternative water supply for the users of those additional impacted water sources.
(3) If a state agency or a political subdivision, including a local health department as defined in section 1105 of the public health code, 1978 PA 368, MCL 333.1105, has provided an alternative water supply to the users of an impacted water source, and the conditions of subsection (1)(a), (b), and (c) have been met, the state or federal government that is or was the owner of the real property shall reimburse the state agency or the political subdivision for the cost of providing the alternative water supply.
(4) As used in this section:
(a) “Alternative water supply” means a long-term supply of potable water for drinking water and other household purposes, such as connection to a community supply, that meets state drinking water standards and is not an impacted water source.
(b) “Federal government” means a department, agency, or instrumentality of the United States.
(c) “Impacted water source” means a public water supply or a residential well that is subject to a public health advisory for drinking water.
(d) “Public health advisory for drinking water” means an advisory issued by the Michigan department of health and human services that cautions against using water for drinking or other household purposes because of the presence of a substance of concern.
(e) “Substance of concern” means a substance that the Michigan department of health and human services has determined is or may be injurious to human health or safety.