HOUSE BILL No. 5812


     March 19, 2002, Introduced by Reps. Vander Roest, Ehardt, Raczkowski, Richardville, Rocca and Lemmons and referred to the
Committee on Land Use and Environment.


        A bill to amend 1978 PA 368, entitled

   "Public health code,"

   by amending section 12541 (MCL 333.12541).

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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             Sec. 12541.  (1)  The local health officer or an authorized

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        representative of the local health department having jurisdiction

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        may test and otherwise evaluate the quality of water at bathing

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        beaches open to the public to determine whether the water is safe

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        for bathing purposes.  EXCEPT AS PROVIDED IN SUBSECTION (5),

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        WITHIN 1 YEAR AFTER THE EFFECTIVE DATE OF THE 2002 AMENDATORY ACT

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        THAT AMENDED THIS SUBSECTION, EACH COUNTY SHALL ESTABLISH A BEACH

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        MONITORING PROGRAM TO MONITOR THE WATER QUALITY OF BATHING

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        BEACHES WITHIN THE COUNTY.  DURING THE DEVELOPMENT OF THIS BEACH

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        MONITORING PROGRAM, THE COUNTY SHALL HOLD AT LEAST 2 PUBLIC

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        HEARINGS TO ALLOW INPUT FROM THE PUBLIC.  UPON ADOPTION, THE


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        COUNTY'S BEACH MONITORING PROGRAM SHALL BE FILED WITH THE

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        DEPARTMENT OF ENVIRONMENTAL QUALITY AND THE DEPARTMENT AND SHALL

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        BE MADE AVAILABLE AT THE COUNTY'S OFFICES.  THE DEPARTMENT OF

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        ENVIRONMENTAL QUALITY SHALL POST EACH COUNTY'S BEACH MONITORING

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        PROGRAM ON THE DEPARTMENT'S WEBSITE.

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             (2) A BEACH MONITORING PROGRAM ESTABLISHED UNDER SUBSECTION

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        (1) SHALL INCLUDE, AT A MINIMUM, ALL OF THE FOLLOWING:

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             (A) THE WATER QUALITY AT ALL BATHING BEACHES WITHIN THE

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        COUNTY SHALL BE TESTED AT LEAST MONTHLY FROM MAY THROUGH

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        SEPTEMBER UNLESS THE DEPARTMENT OF ENVIRONMENTAL QUALITY HAS

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        ESTABLISHED A DIFFERENT SWIMMING SEASON FOR AN AREA BASED ON HIS-

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        TORICAL USE DATA.

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             (B) IF A TEST OF WATER QUALITY CONDUCTED AT A BATHING BEACH

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        CONFIRMS THAT THE WATER QUALITY DOES NOT MEET THE STANDARDS

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        PROMULGATED UNDER SECTION 12544, THE WATER SHALL BE TESTED AT

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        LEAST WEEKLY FOR THE REMAINDER OF THE SWIMMING SEASON.  DURING

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        THE FOLLOWING YEAR'S SWIMMING SEASON, THE WATER QUALITY SHALL

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        ALSO BE TESTED ON A WEEKLY BASIS FOR 4 WEEKS, AND IF THE TESTING

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        DEMONSTRATES COMPLIANCE WITH THE STANDARDS, THE TESTING MAY BE

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        CONTINUED ON A MONTHLY BASIS.

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             (C) EACH BATHING BEACH SHALL HAVE POSTED AT EACH ENTRANCE TO

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        THE BATHING BEACH A NOTICE THAT LISTS THE DATE OF THE MOST RECENT

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        WATER QUALITY TEST AND THE RESULTS OF THE TEST.  IF THE TEST

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        INDICATES THAT THE WATER QUALITY DOES NOT MEET THE STANDARDS

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        PROMULGATED UNDER SECTION 12544, THE NOTICE SHALL STATE THAT THE

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        BEACH IS NOT SAFE FOR SWIMMING.





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             (D) TESTING OF WATER QUALITY AT BATHING BEACHES SHALL BE

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        CONDUCTED USING TECHNIQUES APPROVED BY THE DEPARTMENT.  THE

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        DEPARTMENT SHALL APPROVE TECHNIQUES THAT MAKE USE OF THE MOST

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        EFFECTIVE TECHNOLOGY THAT IS WIDELY AVAILABLE AT A REASONABLE

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        COST.

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             (3) PRIVATE BEACHES WITHIN A COUNTY MAY PARTICIPATE IN THE

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        COUNTY'S BEACH MONITORING PROGRAM ON A VOLUNTARY BASIS.  PRIVATE

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        BEACHES THAT WISH TO PARTICIPATE MAY BE REQUIRED TO REIMBURSE THE

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        COUNTY FOR THE COSTS OF TESTING.

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             (4) THE DEPARTMENT AND THE DEPARTMENT OF ENVIRONMENTAL QUAL-

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        ITY SHALL APPLY FOR ALL FEDERAL FUNDS THAT WOULD ASSIST IN FUND-

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        ING THE COUNTY BEACH MONITORING PROGRAMS PROVIDED FOR IN THIS

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        SECTION.

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             (5) A COUNTY MAY, BY RESOLUTION ADOPTED BY THE COUNTY BOARD

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        OF COMMISSIONERS OF THE COUNTY, ELECT TO NOT ESTABLISH A BEACH

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        MONITORING PROGRAM UNDER THIS SECTION.  IF A COUNTY ELECTS TO NOT

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        ESTABLISH A BEACH MONITORING PROGRAM, THE COUNTY SHALL FORWARD A

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        COPY OF THE RESOLUTION TO THE DEPARTMENT OF ENVIRONMENTAL

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        QUALITY.  THE DEPARTMENT OF ENVIRONMENTAL QUALITY SHALL POST ON

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        ITS WEBSITE NOTICE OF THE COUNTIES THAT HAVE ELECTED NOT TO

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        ESTABLISH A BEACH MONITORING PROGRAM.

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             (6) If, based upon the standards  prescribed by the rules

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        promulgated under section 12544, the health officer OF THE LOCAL

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        HEALTH DEPARTMENT HAVING JURISDICTION OVER A BATHING BEACH or

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         the  HIS OR HER authorized representative determines  the  THAT

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        water is unsafe for bathing, he or she may petition the circuit

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        court of the county in which the beach is located for an



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        injunction ordering the person owning or operating the bathing

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        beach to close the beach for use by bathers or other measures

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        that the court  deems  CONSIDERS proper to keep persons from

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        entering  thereon  THE BATHING BEACH.  The court may grant an

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        injunction if circumstances warrant it.














































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