Attachment 4 - State of MI Bottled Water Source Approval.pdf

Michigan.gov/EGLE (Rev. 06/2022)

State of Michigan Bottled Water Source Approval

Rules promulgated under The Michigan Safe Drinking Water Act 1976 PA 399, as amended, Part 26

Requirements for In-State Bottled Water Source Approval in Michigan

The Michigan Safe Drinking Water Act, 1976 PA 399, as amended, and Administrative Rules (Act), require that all sources of water for water bottling operations (a well tapping a subsurface aquifer, a flowing artesian well, a surface spring, lake/river water, etc.) must be approved by the Michigan Department of Environment, Great Lakes, and Energy (EGLE), Drinking Water and Environmental Health Division (DWEHD), Environmental Health Section, Noncommunity Water Supplies Unit, prior to distribution or sale of the bottled water products in Michigan. Source water approval and bottled water registration are required for bottling plants located in the state of Michigan. Bottled water registration is required for bottled water products packaged out-of-state.

Source approval is the first step in securing approval to distribute or sell bottled water products in Michigan. Information on how to obtain source approval is outlined in the attached document and application. If you have questions regarding the source approval process, please contact:

Mr. Todd Brookens, R.S.

Michigan Department of Environment, Great Lakes, and Energy Drinking Water and Environmental Health Division Environmental Health Section Noncommunity Water Supplies Unit P.O. Box 30817 Lansing, Michigan 48909-8311 Telephone: 517-388-9818 Email: BrookensT@Michigan.gov

The second step is to make application to the Michigan Department of Agriculture and Rural Development (MDARD) for "Registration" of your bottled water products. Part of the registration process involves review of your product labels. Please contact the MDARD at:

Michigan Department of Agriculture and Rural Development Food and Dairy Division P.O. Box 30017 Lansing, Michigan 48909 Telephone: 517-284-5771 or 800-292-3939

Additional information is available on the MDARD website at the below link:

Michigan.gov/MDARD https://www.michigan.gov/mdard/0,4610,7-125-1569_16958_21506---,00.html

Bottled Water Source Approval Information Checklist

Municipal Source

1. Name and water supply serial number (WSSN) of the water supply system (e.g., city of Detroit, WSSN: MI0001800).

2. Provide verification of connection to the municipal system (e.g., a current billing statement with the same address as the bottling plant).

Existing Groundwater Source Local health departments (LHD) are under contract with EGLE to evaluate Noncommunity Public Water Supplies. Request an evaluation (also called a sanitary survey) of the existing water well for the purpose of becoming an approved bottled water source. The LHD will make a site visit to evaluate the bottled water source. Prior to making the site visit, all requested information is to be provided to the LHD. Applicants utilizing an existing groundwater source will be identified as a Nontransient Noncommunity (NTNC) water supply system.

1. A copy of the water well and pump record (well log) showing the construction of the source and the overlying geologic materials.

a. If there is not a well log, provide investigative information from a water well contractor, pump installer, hydrogeologist, or other qualified consultant. The information should include total depth, casing type (galvanized, black steel, stainless steel, PVC), casing size, length of well casing, and flow in gallons per minute (gpm).

2. Provide information about the source water construction if the source is other than a drilled water well (e.g., spring flowing to ground surface).

3. Provide a scale drawing showing all contamination sources (septic and storm sewer lines, septic tanks/drain fields, surface waters, lagoons, animal enclosures, and underground and above-ground chemical storage tanks, etc.).

4. After the location and construction is approved by the LHD, required water sampling analysis results must be provided to the LHD.

5. A pump capacity of 70 gpm or greater is considered as a large-quantity withdrawal (LQW).

A new or increased LQW is prohibited from causing an adverse resource impact (ARI) to streams and lakes. Prior to source approval, the applicant is responsible to determine if the proposed withdrawal will have an ARI on nearby water resources by using the Michigan Water Withdrawal Assessment Tool (WWAT).

a. If the water well will pump 70 gpm or more, an aquifer test is required.

b. Part 327 of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended, requires any owner of a property or facility with the capacity to make an LQW to register the facility with EGLE and report water use on an annual basis. A large-quantity withdrawal is defined as a withdrawal over 100,000 gallons per day (70 gallons per minute) average in any consecutive 30-day period. An LQW is to be registered on the WWAT website.

6. New NTNC water supplies must complete a “Capacity Development” application. Obtain this form from your LHD.

7. Provide a diagram showing any proposed treatment of the bottled water. Indicate the type of treatment and the make and model of the equipment. All treatment equipment and water system components must be ANSI/NSF Standard 61 approved.

8. Following final approval of the water supply source, the LHD or bottling applicant is to provide confirmation of the source approval to EGLE.

9. Where bulk shipments of water are to be hauled from the source to the bottling plant, application to EGLE for a Water Hauler license is required under Part 25 of the Michigan Safe Drinking Water Act, 1994 PA 399, as amended.

New Water Well

1. Apply for a permit to install a bottled water supply well at the LHD. Applicants utilizing a new groundwater source will be identified as a Nontransient Noncommunity (NTNC) water supply system.

2. A pump capacity of 70 gpm or greater is considered as a large-quantity withdrawal (LQW).

A new or increased LQW is prohibited from causing an adverse resource impact (ARI) to streams and lakes. Prior to source approval, the applicant is responsible to determine if the proposed withdrawal will have an ARI on nearby water resources by using the Michigan Water Withdrawal Assessment Tool (WWAT).

a. Part 327 of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended, requires any owner of a property or facility with the capacity to make an LQW to register the facility with EGLE and report water use on an annual basis. A large quantity withdrawal is defined as a withdrawal over 100,000 gallons per day (70 gallons per minute) average in any consecutive 30-day period. An LQW is to be registered on the WWAT website.

b. Under Part 327 of NREPA, a special permit is required if the groundwater withdrawal will be more than 200,000 gallons per day. The permit will only be granted if the withdrawal will not cause an ARI (adverse impact statement required).

3. If the water well will pump 70 gpm or more, an aquifer test will be required. The bottled water supply will be defined as an NTNC Public Water Supply. New NTNC facilities must complete a “Capacity Development” application. Obtain this form from your LHD.

4. Provide a diagram showing the proposed treatment of the bottled water. Indicate the type of treatment and the make and model of the equipment. All treatment equipment and water system components must be ANSI/NSF Standard 61 approved.

5. After a permit to construct is approved by the LHD and the water well has been competed, required water sampling analysis results must be provided to the LHD. A copy of the water sample testing requirements can be obtained from the LHD or EGLE.

6. Following final approval of the water supply source, the LHD or bottled water applicant is to provide confirmation of source approval to EGLE.

7. Where bulk shipments of water are to be hauled from the source to the bottling plant, application to EGLE for a Water Hauler license is required under Part 25 of the Michigan Safe Drinking Water Act, 1994 PA 399.

Related Links:

Michigan Water Withdrawal Assessment Tool EGLE.State.MI.US/WWAT

Michigan Department of Agriculture and Rural Development – Bottled Water Information Michigan.gov/MDARD https://www.egle.state.mi.us/wwat/(S(0sbetg4tofbdbo0ezvzsfp0t))/default.aspx

MICHIGAN DEPARTMENT OF ENVIRONMENT, GREAT LAKES, AND ENERGY

DRINKING WATER AND ENVIRONMENTAL HEALTH DIVISION

APPLICATION FOR STATE OF MICHIGAN

BOTTLED WATER SOURCE APPROVAL

EGLE Environmental Assistance Center Page 1 of 2 Michigan.gov/EGLE Phone: 800-662-9278 EQP2269 (Rev. 06/2022)

Applicant Business Information

*** PLEASE PRINT ***

Business Name:

Owner:

Contact Person:

Mailing Address:

Business Location:

Telephone Number:

Fax Number:

E-mail:

Water Source Information Source Name:

Source Location/County:

Submit completed application to:

Mail: Mr. Todd Brookens Michigan Department of Environment, Great Lakes, and Energy Drinking Water and Environmental Health Division Environmental Health Section Noncommunity Water Supplies Unit P.O. Box 30817 Lansing, Michigan 48909-8311

E-mail: EGLE-EH@Michigan.gov Fax: 517-241-1328

EGLE Office Use Only Date Application Received:

Date Approved:

Date Denied:

Comments:

mailto:EGLE-EH@Michigan.gov

APPLICATION FOR STATE OF MICHIGAN BOTTLED WATER SOURCE APPROVAL

EQP2269

If you need this information in an alternate format, contact EGLE-Accessibility@Michigan.gov or call 800-662-9278.

EGLE does not discriminate on the basis of race, sex, religion, age, national origin, color, marital status, disability, political beliefs, height, weight, genetic information, or sexual orientation in the administration of any of its programs or activities, and prohibits intimidation and retaliation, as required by applicable laws and regulations. Questions or concerns should be directed to the Nondiscrimination Compliance Coordinator at EGLE-NondiscriminationCC@Michigan.gov or 517-249-0906.

This form and its contents are subject to the Freedom of Information Act and may be released to the public.