Part 127 of Act 368 of 1978 (Statute)

PUBLIC HEALTH CODE (EXCERPTS)

STATUTE

 

Act 368 of 1978

 

            AN ACT to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to provide for penalties and remedies; and to repeal certain acts and parts of acts.

            History:  1978, Act 368, Eff. Sept. 30, 1978.

 

                                            The People of the State of Michigan enact:

 

                                 PART 127.  WATER SUPPLY AND SEWER SYSTEMS

 

333.12701  Definitions used in 333.12701 to 333.12715.

            Sec. 12701.(1) As used in sections 12701 to 12715:

            (a) "Person" means a person as defined in section 1106 or a governmental entity.

            (b) "Pump" means a mechanical equipment or device used to remove water from a well.

            (c) "Pump installer" means a person who is qualified to engage in the installation, removal, alternation, or repair of water well pumping equipment in connection with a water well.

            (d) "Well" means an opening in the surface of the earth for the purpose of removing fresh water or a test well, recharge well, waste disposal well, or a well used temporarily for dewatering purposes during construction.

            (2) In addition, article 1 contains general definitions and principles of construction applicable to all articles in this code.

            History:  1978, Act 368, Eff. Sept. 30, 1978.

 

333.12703  Applicability of 333.12701 to 333.12715.

            Sec. 12703.(1) Sections 12701 to 12715 shall not apply to:

            (a) A well, pump, or other equipment used temporarily for dewatering purposes during construction when the well is not more than 2 inches in diameter and not more than 25 feet in total depth below the natural ground surface or is used in the relief of artesian pressure at hydroelectric projects or is used with the drilling of oil or gas wells.

            (b) A brine, test, storage, or disposal well regulated pursuant to Act No. 315 of the Public Acts of 1969, being sections 319.211 to 319.236 of the Michigan Compiled Laws.

            (2) Sections 12701 to 12715 shall not prevent a person from constructing a well or installing a pump on property owned or leased by the person which is intended for use only in a single family house which is that person's permanent residence, or intended for use only for farming purposes on that person's farm, and where the waters to be produced are not intended for use by the public or in any residence other than his or her own.  The person shall submit the drilling record required by section 12707 and comply with the rules and construction code promulgated under section 12714.

            (3) Sections 12701 to 12715 shall not restrict a mater plumber licensed under Act No. 266 of the Public Acts of 1929, as amended, being section 338.901 to 338.917 of the Michigan Compiled Laws, from engaging in the licensee's legally recognized trade.  A licensed master plumber may perform the work of a pump installer prescribed in sections 12701 to 12715 or rules and construction code promulgated under section 12714 without a certificate of registration as a pump installer.

            History:  1978, Act 368, Eff. Sept. 30, 1978.

 

333.12704  Certificate of registration as well drilling contractor, pump installer, water well drilling contractor, or dewatering well pump installer; application; fees; exemption.

            Sec. 12704.(1) Before engaging in the business of well drilling or pump installing, a person shall obtain a certificate of registration annually as a well drilling contractor or pump installer, using an application prepared by the department.

            (2) Before engaging in the business of constructing dewatering wells or installing dewatering well pumps, a person shall obtain a certificate of registration annually as a water well drilling contractor limited to the construction of dewatering wells or as a dewatering well pump installer, using an application prepared by the department.

            (3) The applicant shall pay a registration fee with the application.  The initial registration fee and the annual renewal registration fee for a well drilling contractor is $40.00 and for a pump installer is $25.00.  A well drilling contractor shall pay an additional annual fee of $10.00 for each additional drilling machine.  A registered well drilling contractor may do any of the work of a pump installer without payment of the fee for a pump installer.

            (4) A county, city, village, township, or other governmental unit engaged in well drilling or pump installing shall be registered under sections 12701 to 12715, but shall be exempt from paying the registration fees if the drilling or installing is done by regular employees of, and with equipment owned by, the governmental unit and the work is on wells or pumps intended for use by the governmental unit.

            History:  1978, Act 368, Eff. Sept. 30, 1978.

 

333.12705  Certificate of registration; issuance; nontransferable; expiration;  renewal; examination; eligibility; reciprocity.

            Section 12705. (1) The department shall issue certificates of registration to well drilling contractors and pump installers who meet the requirements of sections 12701 to 12715.

            (2) A certificate of registration is not transferable and expires on April 30 of each year.  After July 1 of each year a certificate of registration may be renewed only upon application for renewal and payment of a fee of 50% of the basic registration fee in addition to the regular registration fee.

            (3) A new applicant for a certificate of registration shall be examined in accordance with the rules and construction code promulgated under section 12714.  The advisory board created by section 12711 shall determine and advise the department as to the eligibility of a well drilling contractor or pump installer for registration.  A well drilling contractor or pump installer which is a firm, partnership, or corporation shall designate at least 1 partner, officer, or responsible full-time employee to take the examination on its behalf.

            (4) The department, upon application and payment of the prescribed fees, may issue a certificate of registration as a well drilling contractor or a pump installer to a person who holds a similar certificate of registration in another state or a foreign country, if the requirements for the registration of a well drilling contractor and pump installer under which the certificate of registration was issued do not conflict with this part, are of a standard not lower than that specified by the rules and construction code promulgated under section 12714, and if equal reciprocal privileges are granted to a registrant of this state.

            History:  1978, Act 368, Eff. Sept. 30, 1978.

 

333.12706  Numbers, seal, and words to be placed on well drilling machine.

            Sec. 12706. A well drilling contractor shall place the registration number, including the county code number for the business location, in figures not less than 2 inches high in a conspicuous location on both sides of the contractor's well drilling machine.  A seal furnished by the department designating the year the certificate of registration was issued or renewed and the words "Michigan registered water well drilling contractor" shall be affixed directly adjacent to the registration number.

            History:  1978, Act 368, Eff. Sept. 30, 1978.

 

333.12707  Record required; contents; copies; forms; sufficiency of record for       drive point well.

            Sec. 12707. Not later than 60 days after the completion of a well, a well drilling contractor shall provide the owner with a copy and the department, or local health department, with 2 copies of a record indicating the well owner's name, location of the well, well depth, geologic materials and thicknesses of materials penetrated, amount of casing, static water levels, and any other information which may be required by the rules and construction code promulgated under section 12714.  The department or local health department shall sent 1 copy of the record to the director of the department of natural resources not later than 30 days after its receipt from the well drilling contractor.  Standard forms for the record shall be provided by the department or the contractor's forms may be used if approved by the department.  A record for a drive point well where no earth materials are removed from the well bore is sufficient if the owner's name, well location, depth, casing static water level, and screen data are stated.

            History:  1978, Act 368, Eff. Sept. 30, 1978.

 

333.12708  Entering and inspecting installation.

            Sec. 12708. The department or local health department may enter and inspect, at reasonable hours, an installation on public or private property for the development or abandonment of ground water supplies.

            History:  1978, Act 368, Eff. Sept. 30, 1978.

333.12709  Inspection of violation; order; notice of suspension of certificate of registration; petition for hearing; revocation of certificate of registration.

            Sec. 12709. (1) When the department or local health department determines that there are reasonable grounds to believe there has been a violation of section 12701 to 12715 or a rule or the construction code promulgated under section 12714, the department or the local health department shall investigate the violation.  If the department or local health department establishes that a violation has been committed, the department or the local health department shall order the responsible person to make the proper corrections.

            (2) When the department finds that the holder of a certificate of registration has engaged in a practice in violation of sections 12701 to 12715 or a rule, construction code, or order issued pursuant to those sections, the department may give written notice to the holder of the certificate of registration that the certificate of registration is suspended.  A person who receives notice from the department that his or her certificate of registration is suspended, upon request, shall be granted a hearing before the department or an authorized representative of the department.  If a petition for a hearing is not filed within 30 days after the day on which the certificate of registration was suspended, the certificate of registration is automatically revoked.

            History:  1978, Act 368, Eff. Sept. 30, 1978.

 

333.12711  Advisory board; creation; appointment and qualifications of       members.

            Sec. 12711. An advisory board of 9 members is created in the department composed of the following: 5 members who are residents of this state registered under section 12701 to 12715, at least 4 of whom are well drilling contractors, and who shall be appointed by the governor with the advice and consent of the senate; an employee of the bureau of environmental and occupational health of the department, and a representative of a local health department, each to be appointed by the director; an employee of the geological survey section of the department of natural resources appointed by the director of the department of natural resources; and an employee of the water resources commission.  Of 4 well drilling contractors 1 shall be from each of 4 geographic regions:

            (a) Region 1:  The Upper Peninsula

            (b) Region 2:  That part of the Lower peninsula bordered on the south by Oceana, Newaygo, Mecosta, Isabella, Midland, and Bay counties and the area north of those counties.

            (c) Region 3:  the area bordered on the north and west by Huron, Tuscola, Saginaw, Shiawassee, Livingston, Washtenaw, and Lenawee counties and the area south and east of those counties.

            (d) Region 4:  The area bordered on the east and north by Hillsdale, Jackson, Ingham, Clinton, Gratiot, Montcalm, Kent, and Muskegon counties and the area south and west of those counties.

            History:  1978, Act 368, Eff. Sept. 30, 1978.

 

333.12712  Advisory board; terms of members; vacancies.

            Sec. 12712. Each member of the advisory board shall be appointed for a 3-year term.  The terms of the 5 members registered under sections 12701 to 12715 shall alternate so that not more than 2 are appointed each year, except that of the first appointees, 1 shall be appointed for 1 year and 2 each shall be appointed for 2 and 3 years.  The terms of the members representing the department of natural resources, the water resources commission, and the local health department shall alternate so that only 1 is appointed each year, except that of the first appointees 1 member shall be appointed for 1 year, 1 for 2 years, and 1 for 3 years.  Vacancies shall be filled by appointment for the balance of the unexpired terms by the representative officials designated in section 12711.

            History:  1978, Act 368, Eff. Sept. 30, 1978.

 

333.12713  Advisory board; election of chairperson; secretary; number of meetings; quorum; conducting business at public meeting; notice of meeting; compensation and expenses.

            Sec. 12713. (1) The members of the advisory board, as soon as appointed, shall organize and elect from their number a chairperson.  Thereafter, annually when new members are appointed to the board, a chairperson shall be elected at the next board meeting.   The member from the department shall be the secretary of the board.

            (2) The board shall hold not less than 1 meeting each year for the purpose of examining candidates for registration.  Additional meetings may be called by the chairperson or director as may be reasonably necessary to carry out sections 12701 to 12715.  Five members shall constitute a quorum.  The business which the advisory board may perform shall be conducted at a public meeting of the advisory board held in compliance with Act No. 267 of the Public Acts of 1976, as amended, being sections 15.261 to 15.275 of the Michigan Compiled Laws.  Public notice of the time, date, and place of the meeting shall be given in the manner required by Act No. 267 of the Public Acts of 1976, as amended.

            (3) The per diem compensation of the members of the advisory board registered under sections 12701 to 12715 shall be established annually by the legislature.  Expenses shall be reimbursed pursuant to section 1216.

            History:  1978, Act 368, Eff. Sept. 30, 1978.

 

333.12714  Rules and construction code.

            Sec. 12714. The department, with the advise of the advisory board, shall promulgate rules and a construction code reasonably necessary to implement sections 12701 to 12715.  The rules and construction code shall include provisions for qualifications and examination of well drilling contractors and pump installers, standards for the construction and installation of developments of ground water supplies, dewatering wells, abandonment of wells and dewatering wells, and for the administration of sections 12701 to 12715.

            History:  1978, Act 368, Eff. Sept. 30, 1978.

 

333.12715  Violation as misdemeanor; penalties; prosecution.

            Sec. 12715. (1) Except as provided in subsection (2), a person who violates sections 12701 to 12714, a rule or the construction code promulgated under section 12714, or an order issued by the department or local health department under sections 12701 to 12714 is guilty of a misdemeanor.

            (2) A member of the advisory board who intentionally violates section 12713(2) shall be subject to the penalties prescribed in Act No. 267 of the Public Acts of 1976, as ;amended.

            (3) The attorney general or local prosecuting attorney shall be responsible for prosecuting a person who violates sections 12701 to 12715.

            History:  1978, Act 368, Eff. Sept. 30, 1978.