[12-5-2018 by Ord. No. 1754]
Pursuant to R 325.10410 of 2018 MR 11 (effective June 14, 2018),
adopted by the Michigan Department of Environmental Quality pursuant
to § 5 of Public Act 399 of 1976, MCL 325.1005, the Water
System Advisory Council ("Council") is created, subject to the following
terms and conditions.
(a) The Council shall have at least five members recommended by the Holland
Board of Public Works and appointed by the Holland City Council. To
be eligible for an appointment to the Council, an individual shall
have a demonstrated interest in or knowledge about lead in drinking
water and its effects. At least one member of the Council must be
a local resident who does not formally represent the interests of
any incorporated organization.
(b) The business that the Council performs shall be conducted at a public
meeting of the Council and held in compliance with the Open Meetings
Act, 1976 PA 267, MCLA §§ 15.261 to 15.275.
(c) The first meeting of the Council shall be called by the Holland Board
of Public Works. At the first meeting, the Council shall elect from
its members a Chairperson and other officers as it considers necessary
or appropriate, and may adopt bylaws for its operation. After the
first meeting, the Council shall meet at least annually.
(d) A writing prepared, owned, used, in the possession of, or retained
by the Council in the performance of an official function is subject
to the Freedom of Information Act, 1976 PA 442, MCLA §§ 15.231
to 15.246.
(e) The Council shall do the following and shall perform such duties
by advising and reporting to the Board of Directors of the Holland
Board of Public Works:
(1)
Develop plans for continuing public awareness about lead in
drinking water, even when the action level is not exceeded.
(2)
Review public awareness campaign materials provided by the Statewide
Drinking Water Advisory Council to ensure the needs and interests
of the community, considering the economic and cultural diversity
of its residents, are addressed.
(3)
Advise and consult with the Holland Board of Public Works on
the development of appropriate plans for remediation and public education
to be implemented if a lead action level is exceeded.
(4)
Advise and consult with the Holland Board of Public Works on
efforts to replace private lead service lines at locations where the
owner declined service line replacement.
(5)
Assist in promoting transparency of all data and documents related
to lead in drinking water within the Holland Board of Public Works
service area.
(6)
Collaborate with local community groups to ensure that residents
have the opportunity to be involved in efforts to educate the community
about lead in drinking water.
(f) The Council may independently seek advice, direction, and assistance
from the Department or the Statewide Advisory Council.
[Added 4-17-2019 by Ord.
No. 1765]
(a) For purposes of this section, a lead service line means either a
service line which is made of lead or any lead pigtail, lead gooseneck,
or other lead fitting that is connected to the service line, or both.
A service line shall mean the pipe from the discharge of the corporation
fitting to the customer site piping or to the building plumbing at
the first shut-off valve inside the building, or 18 inches inside
the building, whichever is shorter.
(b) Pursuant to R 325.10410 of 2018 MR 11 (effective June 14, 2018),
adopted by the Michigan Department of Environmental Quality pursuant
to § 5 of the Public Act 399 of 1976, MCLA § 325.1005
(LCR), the City of Holland, acting by and through its Holland Board
of Public Works (HBPW), shall adopt a schedule for the replacement
of lead service lines based upon scheduled repair and replacement
water projects, community resources, availability of contractors and
licensed plumbers, and water utility resources to complete lead service
line replacements as required by the LCR.
(c) The HBPW, pursuant to the LCR, shall be responsible to install a
new nonlead service line at the HBPW's expense, from the curb
box in the public right-of-way way to the water meter on the owner's
property; to set a meter; and make any necessary connections to reset
the water meter. The existing water lead service line will be disconnected
and capped off inside or outside the building.
(d) The HBPW shall require that the owner/service customer (customer)
execute an access agreement allowing the HBPW, its employees, agents,
or contractors to enter on the property to construct and install the
new nonhead service line; and to conduct a preinspection of the water
service line as it enters inside the building and connects to the
meter to determine if the meter setting is correct, and if the meter
should be replaced.
(e) The customer's failure to execute the HPBW's access agreement,
allow access and permit installation of a new nonlead service line
shall constitute a violation of this section, and the HBPW may elect
one of the following enforcement options:
(1)
Upon 15 days' written notice to the customer, discontinue
water service to the customer;
(2)
Permit the customer to execute a declination of service line
replacement which advises the customer that such declination could
result in required service line replacement at the end of the schedule
for replacement (January 1, 2041). The declination of service shall
not be effective unless the customer permits the HBPW to conduct sampling
and testing pursuant to the requirements of the LCR and the testing
and sampling by the HBPW is acceptable.
(f) After installation of the new, nonlead service line, the responsibility
of the customer and the HBPW shall be as shown on the diagram below.
After the expiration of any warranty period, the customer shall hold
the City harmless and free from any claim or liability of damage done
in the performance of the water service line replacement work.
Holland BPW Water System
Water Service Line Responsibilities:
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