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DEQ Settles Lawsuit with Day Care Center for Violations of the Safe Drinking Water Act

Contact:  Robert McCann (517) 241-7397
Agency: Environmental Quality


March 2, 2007

The Department of Environmental Quality announced today that it has settled litigation with Kids University Child Care, LLC and its operator, Deborah Howland that alleged violations of the Michigan Safe Drinking Water Act. Kids University is a day care center located in Grand Ledge.

The lawsuit that was filed in September 2005 stated that Howland had failed to alert the public that the facilities' water supply was contaminated or properly provide bottled water for drinking and food preparation. Analytical testing revealed that the bacteria E. coli was present in the drinking water. The presence of E. coli in drinking water is an indicator that fecal coliform bacteria may be present along with other disease causing organisms. E. coli bacteria itself may also pose a serious health risk to vulnerable populations, including infants and young children.

The lawsuit also alleged 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.

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. Kids University reopened in late August 2004 after the water system temporarily tested free of contamination. However, subsequent tests in October 2004 again revealed the presence of coliform bacteria. The DEQ then ordered the water supply shutdown.

To resolve the lawsuit, Kids University and Howland agreed to relinquish a Drinking Water Operator Certification, and to not reapply for the drinking water operator's certification in the state of Michigan. Additionally, Howland must properly close and abandon the water well located on the Kids University property and provide written certification to the DEQ and the local health department that the water well was properly closed and abandoned. Kids University has agreed to pay $6,000 as part of the settlement resolution.

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 March 2, 2007 by Pat Watson

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