Skip to main content

Compliance and Enforcement

An African-American judge signs a piece of paper at at wooden surface, with a gavel laying nearby
Environment, Great Lakes, and Energy

Compliance and Enforcement

EGLE monitors the compliance of community water supplies with the Michigan Safe Drinking Act and other applicable federal/state regulations, including Michigan's Lead and Copper Rule (LCR).

EGLE plays that role in a variety of ways, including reviewing records and test results provided by community water supplies and conducting site inspections of water treatment plants and other infrastructure. On some occasions, EGLE engages in activities like joint site inspections with the U.S. Environmental Protection Agency (EPA). As documents linked below indicate, EGLE conducted such a joint inspection with the EPA of the city of Benton Harbor water supply in September and October 2021.

Providing technical assistance to help community water supplies comply with legal requirements-from LCR sampling protocols to proper plant maintenance and treatment of their source water-represents a significant and important element of the EGLE Drinking Water and Environmental Health Division's (DWEHD's) work.

When EGLE determines that a community drinking water supply has failed to comply with legal requirements under our jurisdiction, the Department takes enforcement action. Issuing a Violation Notice (VN) to the supply is a common tool used in that process. Among other information, a VN describes each violation that was identified and the action the water supply is required to take in response. EGLE may fine a community water supply in conjunction with issuing a VN.

When a community water supply faces significant compliance challenges with potential impacts to public health, EGLE may escalate enforcement. This allows EGLE and the water supply to develop a mutually acceptable alternative compliance timeline. This may include entering into a consent agreement signed by both parties. As referenced in the documents linked below, the city of Benton Harbor is currently under an Administrative Consent Order (ACO)-an agreement it co-signed with EGLE in 2019 to address its noncompliance challenges. This ACO has been updated and amended over time.

NOTE: An action level exceedance (ALE) for lead or copper is not a violation of the law. An ALE triggers additional actions a water supply must take-and failing to take those actions may constitute a violation-but the ALE itself is not a violation.

The documents linked in the table below are recent EGLE records related to compliance and enforcement activities involving the city of Benton Harbor water supply. As they become available, we will add additional documents to this table.

 

Description Date
Violation Notice - Failure to Issue Public Notice 2018-06-18
Violation Notice - Monitoring and Reporting for E Coli 2018-08-01
Violation Notice - TOC Removal TT 2018-08-09
Violation Notice - TOC Monitoring 2018-08-17
Violation Notice - Sanitary Survey 2018-10-03
Violation Notice - TOC and Monitoring 2018-11-16
City of Benton Harbor Administrative Consent Order 2019-03-08
Violation Notice - Monitoring and Reporting for LCR, WQP, and SOC 2019-08-23
Violation Notice - Reporting for Lead and Copper 2019-11-21
Violation Notice - Monitoring and Reporting for Lead and Copper 2020-04-08
Compliance Communication - Lead and Copper Sampling Plan Past Due 2020-05-14
City of Benton Harbor First Amended Administrative Consent Order 2020-08-07
Violation Notice - Failure of Monitoring Equipment 2020-10-05
Violation Notice - Treatment Technique 2020-12-22
Violation Notice - Monitoring and Reporting for SOC 2021-01-12
Violation Notice - Reporting for Lead and Copper 2021-02-08
Violation Notice - Monitoring and Reporting 2021-03-21
Violation Notice - Monitoring and Reporting for TOC 2021-03-26
Violation Notice - Treatment Technique 2021-06-02
Compliance Communication - Reporting for Public Education Distribution 2021-06-07
Violation Notice - Monitoring and Reporting for Water Quality Parameters 2021-10-15
EPA Unilateral Administrative Order 2021-11-02
Violation Notice - Sanitary Survey with Enclosures 2021-11-02
Benton Harbor Drinking Water Status Presentation February 2022 2022-02-01
Letter from EGLE to Benton Harbor re Compliance update for Amended Administrative Consent Order 2022-03-24
Benton Harbor Drinking Water Status Presentation June 3, 2022 2022-06-03
Letter from EGLE to Benton Harbor re Compliance update for Amended Administrative Consent Order dated May 20, 2022 2022-05-20 
 Letter from EGLE to Benton Harbor re Comments on the Draft Benton Harbor TMF Study dated May 5, 2022 2022-05-05