[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: