THE MICHIGAN SAFE DRINKING WATER ACT

Your guide to understanding Act 399

A service of the Barry-Eaton District Health Department
Environmental Health Division
July, 1996

INTRODUCTION TO THE SAFE DRINKING WATER ACT

Most Americans believe their drinking water is the best in the world. However, servicemen and their families, vacationers, tourists, and others who travel abroad know all too well the familiar problems of unsafe drinking water. At home we scarcely give it a thought. We believe the purity of our water can be depended upon, and usually we are right. However, there are exceptions. For the 2-year period 1993-1994, 17 states and one territory reported a total of 30 waterborne-disease outbreaks associated with drinking water. These outbreaks caused an estimated 405,366 persons to become ill.

In 1974, as a result of the increasing concern for the quality of water we drink, Congress passed the Safe Drinking Water Act. This Act gave the U.S. Environmental Protection Agency (EPA) the responsibility for establishing and enforcing nation-wide drinking water standards that set limits on the amounts of various substances sometimes found in drinking water. The Michigan Safe Drinking Water Act (Act 399) was enacted in 1976 and enables the Michigan Department of Environmental Quality to maintain authority over the drinking water program in our state. In 1986, amendments to the Safe Drinking Water Act were made by Congress. These amendments required the establishment of additional drinking water standards and an increase in the monitoring and inspection frequencies for public water systems.

If our water is so good, why do we need a special program to protect it ?

 The reason is that the situation has been changing dramatically during recent decades. Our sources of water supply, both surface and ground water, are being endangered by new chemicals and microbiological contaminants. Recent outbreaks of Cryptosporidium are evidence of such threats. At the same time, our ability to detect contaminants has been improving. Modern science can now identify specific chemicals in terms of one part contaminant in one billion parts of water. Although we currently know a great deal about the health impacts of drinking water contamination, many questions remain. Ongoing research will no doubt provide new information which will answer some old questions and raise some new ones. Meanwhile, we can take specific steps to reduce the risks to our health.

How does the Safe Drinking Water Act affect you?

Let’s define some important terms that will help determine who is the focus of Act 399.

WHAT IS A PUBLIC WATER SUPPLY ?

A public water supply is any water supply system serving drinking water to establishments other than a single family residence. Although there are three broad classifications of public water supply, the focus of this brochure will be the category entitled Type II or non-community.

ARE YOU A TYPE II ?

A Type II water supply is a non-community, or non-residential, public water supply system that provides its own water from a well to 25 or more persons at least 60 days of the year or has 15 or more connections for drinking water purposes. Examples of Type II’s are motels, factories, schools, restaurants, campgrounds, township parks, and businesses that have their own wells and serve 25 or more people (including employees) per day.

ARE YOU A TRANSIENT OR NON-TRANSIENT SUPPLY ?

Within the broad category of Type II are two very important subcategories that determine how frequently you must sample your water and what tests are necessary in order to be in compliance with the monitoring requirements of Act 399. These subcategories are Non-transient and Transient. A Non-transient water supply is one that serves the same 25 or more persons on a regular basis (at least 4 hours a day, 4 days a week) for 6 months or more per year. Examples are schools, daycare centers, factories, offices, and other work sites. A Transient water supply serves 25 or more different persons per day at least 60 days of the year and includes parks, campgrounds, churches, marinas, and motels/restaurants/medical offices with less than 25 employees. If either of these two definitions accurately describes your organization, then Act 399 applies to you.

MONITORING REQUIREMENTS

While still maintaining its traditional high standards for the protection of drinking water and public health resources, Michigan has enacted state rules that lessen the impact of the federal Safe Drinking Water Act, thereby significantly reducing monitoring (and costs) to the extent allowed under federal law. However, all owners of public water systems are obligated to assure the proper operation and maintenance of their wells and to insure the drinking water they provide meets applicable standards.

Two substances for which monitoring standards have been set pose an immediate threat to health whenever the maximum contaminant levels (MCLs) are exceeded. They are Coliform Bacteria and Nitrate. The coliform bacteria family, especially the fecal coliform group, is common to the intestinal track of humans and warm-blooded animals. Coliform may also be found growing in soil and organic matter. Because the coliform group is most commonly associated with sewage or surface waters, they are used as an indicator group to determine the sanitary quality of drinking water. Nitrate (from fertilizer, sewage, and feedlots) in drinking water above the national standard poses an immediate threat to children six months to one year old. In some infants, excessive levels of nitrate have been known to react with the hemoglobin in the blood to produce an anemic condition commonly known as "blue baby syndrome." For these reasons, water testing for both coliform bacteria and nitrate is required of all Type II supplies, both transient and non-transient. Typically, for establishments that are open on a year-round basis, coliform bacteria sampling is required quarterly (4 samples per year). If you are open only 6 months of the year or less, usually one bacteria sample is required for each quarter you are open (typically 2 samples per year). Nitrate sampling is usually required once per year for all Type II water supplies. (Sampling for nitrite is required every 3 years; however, if you use the MDEQ lab, nitrite testing is included in your annual nitrate analysis at no extra cost.) Sampling is required at each well on your property unless the water systems are connected.

Sampling requirements for non-transient systems are much more complex than for transient systems. Non-transient water supplies are also required to sample for the following:

This sampling schedule may seem confusing. For that reason, the Barry-Eaton District Health Department has designed a water sampling requirements calendar customized for every Type II water supply we oversee. The calendar guides you through the sampling process from due dates to current costs, including bottles required and test codes to be entered on lab slips. We hope the calendars will clarify the monitoring requirements for you, thereby enhancing your ability to meet the Safe Drinking Water Act obligations.

SANITARY SURVEYS AS AN EVALUATION TOOL

THE BARRY-EATON DISTRICT HEALTH DEPARTMENT AS YOUR RESOURCE AGENCY

Small water systems face numerous obstacles to meeting the mandates of the Safe Drinking Water Act. We at the Barry-Eaton District Health Department realize that lack of resources and expertise may be foremost among your problems. To help you comply with the new rules, the EPA has taken steps to mobilize all groups interested in drinking water quality to use creative approaches to build local and state capacity through outreach, education, technical assistance, and other institutional support. The Barry-Eaton District Health Department is available to assist you in understanding and meeting your safe drinking water obligations in many ways. We have developed brochures, a newsletter, customized sampling frequency calendars, sampling reminder cards and letters, and sanitary surveys in an effort to enhance your knowledge of Act 399 and simplify your obligations in meeting its requirements. We recognize there will be a lot of questions on sampling requirements, interpretation, and procedures. When you have questions or need clarification on what is required, please give us a call. Certainly, we also realize that the regulations of the Safe Drinking Water Act increase your cost of operation. However, whatever the added cost might be, keep the alternatives in mind: water that’s safe to drink or the risk of disease or other harmful effects. It’s a small price to pay for assuring yourself, your employees, and your customers that your water is truly safe to drink!

For Further Information Contact:

BARRY-EATON DISTRICT HEALTH DEPARTMENT
ENVIRONMENTAL HEALTH DIVISION

This document is intended to be used as a reference by owners/operators of Type II (non-community) public water systems for compliance with the Michigan Safe Drinking Water Act (Act 399). It is not intended to replace any part of the Act. Sampling frequencies are based upon obtaining acceptable sample results. More frequent sampling may be required if sample results exceed established limits. Sampling requirements are subject to change as regulations change. Refer to the Act itself for specific information not addressed in this document.

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