325.1019 Noncompliance with state drinking water standards; notification of users; public advisory; litigation.

377 words·~2 min read·/mi/chapter-325/325-1019

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Sec. 19.

(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.

History: 1976, Act 399, Imd. Eff. Jan. 4, 19771 ;-- Am. 2016, Act 478 , Eff. Mar. 29, 2017

Admin Rule: R 325.10101; R 325.10102 et seq.; R 325.10308b; R 325.10401 et seq.; R 325.10604a et seq.; R 325.10702 et seq.; R 325.11002; R 325.11008; R 325.11502 et seq. of the Michigan Administrative Code.