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Nestlé Waters North America submitted a permit application to the Michigan Department of Environmental Quality (MDEQ), Drinking Water and Municipal Assistance Division (DWMAD) in July 2016, in accordance with Section 17 of the Michigan Safe Drinking Water Act, 1976 PA 399, as amended. The Section 17 permit is required to produce bottled drinking water if the water is from a new or increased large-quantity withdrawal of more than 200,000 gallons of water per day from the waters of the state.
Blue Triton Brands, formerly known as Nestlé Waters North America, changed their water withdrawal assessment tool registration on September 28 and 29, 2021 to reduce the capacity to 288 gallons per minute (gpm), a level that a permit is not required under Section 17 of the Safe Drinking Water Act; thereby, canceling the permit issued to Nestlé Waters North America.
The public comment period ended at 5 p.m. on Friday, April 21, 2017.
The MDEQ held a public information session on Wednesday, April 12, 2017, from 4:00 -6:00 p.m. followed by a public hearing beginning at 7:00 p.m. at:
Ferris State University
The University Center
805 Campus Drive
Big Rapids, MI 49307
The MDEQ reviews all comments; however, the number of comments received is not one of the factors considered in permit decisions. For this permit application process, comments providing a legal or scientific justification for denying, altering or approving the permit will be considered based on the regulatory decision framework outlined in Section 17.
The Michigan Department of Environmental Quality is an equal opportunity provider. Specific file properties have been modified for ADA compliance. All original files are available on the FTP site.
Modeling and GIS data that cannot be posted here is available on the DEQ (now EGLE) FTP Site until November 20, 2017. These files require specialized Groundwater Modeling and GIS software. After November 20, 2017, contact Sara Pearson.
DEQ (now EGLE) Request to Nestlé for Additional Information (June 21, 2017)
Modeling and GIS data that cannot be posted here is available on the DEQ (now EGLE) FTP Site until November 20, 2017. These files require specialized Groundwater Modeling and GIS software. After November 20, 2017, contact Sara Pearson.
DEQ (now EGLE) Request to Nestlé for Additional Information (February 14, 2017)
Attachment A - Permits and other MDEQ Documentation
Attachment B - Stratigraphic Boring Logs
Attachment C
Attachment D - Groundwater and Surface Water Hydrographs
Attachment E
Attachment F
Attachment G
Part 327, Great Lakes Preservation, of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended, requires property owners to register new or increased large quantity water withdrawals over 100,000 gallons per day, but less than 2,000,000 gallons per day, with the DEQ. A withdrawal can be registered through the online Water Withdrawal Assessment Tool (a high level screening tool) or a Site Specific Review (SSR) by the DEQ. The SSR process is used when specified, conservative safety thresholds are reached by the Water Withdrawal Assessment Tool and consideration of site specific information is required.
Nestlé Waters North America submitted a request for a site specific review to the DEQ on December 4, 2015, seeking authorization to increase water withdrawal by 150 gallons per minute (gpm) from their White Pine Springs well in Osceola County. The proposed increased pumping rate would bring the total withdrawal from this well to 400 gpm. The DEQ authorized the increased withdrawal on January 5, 2016. Links to the DEQ's letter responding to the SSR and information used in reaching the decision follow. Note that the documents listed below as Anderson-Vincent and Golder are part of the DEQ's files regarding Nestlé. The DEQ file naming convention includes the name of the person or company who prepared or submitted the documents.
Although an increased withdrawal for the White Pine Springs well has been registered through the SSR process, Nestlé Waters North America must also obtain a permit under Section 17 of the Michigan Safe Drinking Water Act. Consideration of the application includes additional evaluation of the proposed withdrawal. According to subparagraph (9): This section shall not be construed as affecting, intending to affect, or in any way altering or interfering with common law water rights or the applicability of other laws providing for the protection of natural resources or the environment.
Nestlé Waters North America's (NWNA) registration under Part 327 for an increased large quantity withdrawal (LQW) of 150 gpm (to a total of 400 gpm) became invalid on July 5, 2017, by operation of law. According to Part 327, a registration for a new or increased LQW becomes invalid if a property owner does not develop the capacity to make that withdrawal within 18 months of the registration. NWNA did not develop the capacity for the increased LQW due to the pending decision on the Section 17 permit application.
NWNA submitted a new request for a Site Specific Review (SSR) on June 29, 2017, seeking authorization to increase its water withdrawal from the White Pine Springs well in Osceola County by 150 gallons per minute (gpm). The proposed increased pumping rate would bring the total withdrawal from this well to 400 gpm. If approved, NWNA would be authorized to register the withdrawal but may not implement the withdrawal unless a permit under Section 17 of the SDWA is also issued.
The DEQ's Water Resources Division (WRD) is reviewing the request, which is supported by information submitted with the SSR request in December 2015. The WRD will also consider relevant information provided to the DEQ and additional information requested by the DEQ (but not yet received) as part of the Section 17 permit application review process. Public notice and public input is not required for SSR requests under Part 327.
