MICHIGAN SAFE DRINKING WATER ACT
1976 PA 399, as Amended, and the Administrative Rules
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Sec.
15. (1) When considered necessary for
protection of the public health, the department shall notify a supplier of
water of the need to make changes in operations, to provide treatment, to make
structural changes in existing systems, or to add additional capacity as
necessary to produce and distribute an adequate quantity of water meeting the
state drinking water standards.
(2)
The department shall inspect a waterworks system or a part of a waterworks
system, and the manner of operation of the system or part. If upon inspection the department determines
the waterworks system to be inadequate or so operated as to not adequately
protect the public health, the department may order the supplier of water to
make alterations in the waterworks system or its method of operation as may be
required or considered advisable by the department to assure the public water
supply is adequate, healthful, and in conformance with state drinking water
standards. If the supplier does not
request a public hearing within 30 days after receipt of the order, the
order shall be final and binding on the supplier of water. If the department receives a request for a
public hearing within the specified 30 days, the public hearing shall be
immediately arranged. A supplier of
water shall comply with a final order of the department.
(3)
If a public water supply poses an imminent hazard to the public health, the
department may issue an emergency order immediately, without notice or hearing,
requiring such action as the department determines is necessary to protect the
public health. Normal administrative
procedures as required by the administrative procedures act of 1969,
Act No. 306 of the Public Acts of 1969, as amended, being
sections 24.201 to 24.328 of the Michigan Compiled Laws, shall
proceed concurrently with an emergency order upon written request of the
supplier of water received within 15 days.
An emergency order shall be effective immediately and binding until
modified or rescinded by the department or a court of competent jurisdiction.
(4) The department may take appropriate action to limit water system
expansion or limit water use from a public water supply until such time as
satisfactory improvements are made in the system or operation to provide for a
continuous, adequate supply of water meeting the state drinking water
standards.
History: 1976, Act 399, Imd. Eff.
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