September 22, 2005

The Department of Environmental Quality and Department of Attorney General announced today that a civil lawsuit against Kids University Child Care, LLC and its operator, Deborah K. Howland, has been filed in the 30th Judicial Circuit Court for Ingham County. Kids University is a day care center located in Grand Ledge, Eaton County.

The lawsuit alleges that Kids University and Howland violated the Michigan Safe Drinking Water Act by failing to properly provide bottled water for drinking and food preparation and not providing proper public notice following a violation of the drinking water standard for E. coli in June 2004. The violations at Kids University were identified after investigations were conducted by the Barry-Eaton District Health Department.

“Kids University failed to take the required precautionary measures to ensure that the children and employees were protected,” stated DEQ Director Steven E. Chester. “The presence of E. coli in the drinking water of this facility is a clear cause for concern, and it is disappointing that reducing this risk to the children was not a higher priority for the management.”

The lawsuit also alleges that Kids University and Howland violated the drinking water standard established by law for total coliform bacteria again in October 2004, and also failed to obtain the legally required drinking water samples on several occasions.

The lawsuit was filed after the DEQ’s attempts to resolve this matter administratively were unsuccessful. The DEQ is seeking cost recovery and civil penalties under the SDWA. Independent of the lawsuit, the DEQ is pursuing action to suspend or revoke Howland’s license to operate the drinking water system under the SDWA.

Kids University voluntarily closed on August 5, 2004, after an on-site investigation by Barry-Eaton District Health Department and the Department of Human Services. The facility then re-opened in late August 2004, after the water system temporarily returned to compliance; however, the daycare center has remained closed since October 27, 2004, when the DEQ ordered closure of the water supply after additional water samples tested positive for coliform bacteria. Kids University was supplied water by an on-site well which has been unable to consistently produce coliform-free samples since early 2004.

Editor’s note: DEQ news releases are available on the department’s Internet home page at www.michigan.gov/deq.

“Protecting Michigan’s Environment, Ensuring Michigan’s Future”

Revised September 22, 2005 by Pat Watson