Administrative Rules for
PART 201 ENVIRONMENTAL REMEDIATION
of the Natural Resources and Environmental Protection Act 1994 PA 451, as
amended
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Rule
407.
(1) A project to address contamination of a local
government-owned type I water supply system shall be eligible to receive public
funds if both of the following criteria are met:
(a) There is a hazardous substance present in the
water supply system or component as a result of environmental contamination and
the department has issued an advisory against the use of the system or
component as a result of that contamination.
(b) The
project to be funded under this subrule is designed to reduce or eliminate a
threat to the public health caused by environmental contamination.
(2) Projects to address state or federally owned
type I water supply systems are not eligible to receive public funds.
(3) Public funds shall be used to pay 1/3 of the
cost of a project which is approved by the department and which meets the
criteria in subrule (1) of this rule,
except as provided for in subrules (5)
and (6) of this rule. Two-thirds of the cost of the project shall
be paid by the local unit of government that receives the matching payment.
(4) Only locally
generated funds shall be used for the local government share of the project
costs. Federal or other funds shall not
be used for the local government share.
(5) Except as provided in subrule (6) of this rule, the total amount of public
funds that is available to any local unit of government for projects approved
by the department under subrule (1) of
this rule shall not be more than $500,000.00.
(6) If a local unit
of government is the owner or operator of 1 or more type I water supply systems
which serve another jurisdiction, that local unit of government may receive up
to $500,000.00 for each water supply system that it owns or operates that is
separate from its system and exclusively serves another jurisdiction.
(7) Public funds shall not be used as part of a
project under this rule by a local unit of government to investigate the source
of groundwater contamination or to identify persons who are liable for the
water supply contamination.
(8) Monies expended by the local unit of
government for activities completed before the approval by the department of a
project under this rule shall not be eligible as the local government share of
costs.
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service of the State Bar of Michigan Environmental Law Section. The administrative rules, which were
re-formatted for consistency, are not intended to replace official versions and
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