MICHIGAN SAFE DRINKING WATER ACT
1976 PA 399, as Amended, and the Administrative Rules
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Sec.
10. (1) The department shall not approve
a privately owned public water supply that serves a group of living units,
unless by resolution of its governing body the city, village, or township in
which the water supply is to be located refuses to accept ownership and
operational responsibility of the public water supply.
(2)
If a local governmental agency does not accept ownership and operational
responsibility of a public water supply that serves a group of living units,
the department may issue a construction permit or other approval for an
acceptable project requiring as a condition of the permit an appropriate
amount, but not more than $50,000.00, based on the size, type, and complexity
of the waterworks system, to be placed in escrow by the developer or private
owner. The department may remove funds
from this escrow account to cause deficiencies to be corrected if the public
water supply is not operated, maintained, and expanded as necessary to protect
the public health. If it is necessary
for the department to withdraw funds from an escrow account, the funds shall be
replaced within 90 days by the developer, private owner, or organization
then responsible for the public water supply.
(3)
The department may reduce or eliminate any escrow account established under
this section after 5 years of operation and maintenance considered
satisfactory by the department.
(4) Before the transfer of ownership of a privately owned public water
supply, a private purchaser shall comply with subsections (1) and (2)
of this section.
History: 1976, Act 399, Imd. Eff.
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