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New drinking water rules upheld by court




Clint Holmes

Clint Holmes

BROWN CITY — A court ruling that upholds new lead and copper requirements for municipal water systems could put a dent in local government budgets and lead to rate hikes for users.

The Michigan Court of Claims last week rejected a lawsuit by cities and water utilities challenging Michigan’s Lead and Copper Rule. The rule requires the replacement of all water service lines connected to lead or galvanized pipes to reduce the level of lead in drinking water.

The lawsuit opposing the rule claimed it was an unfunded mandate by the state. The suit was filed by the Great Lakes Water Authority, City of Livonia, Detroit Mayor Mike Duggin, Oakland County Commissioner Jim Nash and the Detroit Water and Sewage Department and Oakland County Water Commission.

“By ordinance and tradition, municipal water supply systems are responsible for water mains and connections up to and including the curb stop,” said Brown City Manager Clint Holmes.

Dave Faber

Dave Faber

“Under the new Lead and Copper Rule, the City will also need to replace the house connections from the curb stop to the water meter or 18 inches into the structure. This is for any connection found in the City that was either connected to a lead pipe or consists of galvanized pipe – plastic and copper connections do not need to be replaced.”

Holmes continued, “The lawsuit… was to limit water provider’s responsibility just up to the curb stop, as has been true in the past. Now, the law will stay as written meaning Michigan water providers will need to replace from the water main to the curb stop and then to the structure.

“This will certainly add considerable expense to this unfunded mandate.”

Brown City “expects the total number we need to replace will be around 20 percent of residential connections, but that number could change…”

The preliminary cost estimate for Brown City to comply with the rule is $150,000 to $250,000, said Holmes.

That would mean increases in water rates “in the range of $2 to $3 per month beginning in 2020,” he said.

For the city of Sandusky that has 1,200 users on the water system, the cost would be considerable higher.

City Manager Dave Faber estimates the cost of just inspecting lines for possible replacement at $1 million, of which approximately a half million dollars would be to purchase special excavating equipment.

Faber’s upset about the requirements, because Sandusky “has no trace of lead in our system.”

He said the unfunded mandate could “cripple small communities” that would be forced to hike their water rates for users.

“I don’t think the lawsuits are done,” said Faber. “I think it will be challenged a number of times.”