Bryce Feighner: The Michigan Department
of Environmental Quality
is currently evaluating a permit application
under section 17 of the Michigan Safe Drinking Water Act.
The Safe Drinking Water Act
defines the NDEQ's authority to regulate
public water supplies.
Section 17 of the act,
details the requirements that are specific
to the bottled water industry.
This video was prepared as a resource for the general public
and it is intended to provide the listener
with a basic understanding of the process
and limitations of the NDEQ's evaluation
as related to the application by Nestle
to increase it's withdrawal rate
from the White Pine Spring's well
located near Evart.
Section 17 of the Michigan Safe Drinking Water Act
requires that a person who proposes
to engage in producing bottled water
from a new or increased large quantity withdrawal
of more than 200,000 gallons of water per day,
be subject to this act
and apply for a permit.
Nestle is proposing to increase their withdrawal
rate from 150 gallons per minute
to 400 gallons per minute.
This is more than 200,000 gallons per day,
therefore, they are subject to section 17 requirements.
A person engaged in producing bottled water
shall utilize a water source meeting the requirements
of this section
and the requirements otherwise provided in this act.
Simply put, that means the water must be safe,
and must comply with other areas
of the Safe Drinking Water Act.
The application must include an
evaluation of the environmental, hydrological,
and hydrogeological conditions that exist
and the predicted effects of the proposed withdrawal.
Nestle included this information on their
original permit application
and the department has requested additional
information in this regard,
which Nestle has provided.
The proposed use will meet the applicable standard
provided in section 32723 of the Natural Resources
and Environmental Protection Act.
In other words, no adverse impacts
can result from the increased withdrawal.
The person will undertake activities, if needed,
to address hydrologic impacts commensurate
with the nature and extent of the withdrawal.
These activities may include those
related to the stream flow regime, water quality,
and aquifer protection.
Simply put, the department may require
a permit conditions or other activities
to address any possible impacts of this withdrawal.
The department shall provide public notice
and an opportunity for public comment of not less
than 45 days.
A public hearing is not required per se.
The department is proactively scheduling
a public hearing for this permit application.
Here are some important timelines
associated with this application review.
The application was received in July of 2016.
Nestle proposed an increase in withdrawal
from 150 gallons per minute
to 400 gallons per minute
at their White Pine Springs well.
The public comment period on this application
began September 19, 2016
and currently has been extended until April 21, 2017.
A public information meeting
and public hearing will be held on April 12, 2017
at Ferris State University in Big Rapids, Michigan.
At the public information session,
which runs from 4 to 6pm,
you will have the opportunity to have
your questions answered
and have one-on-one conversation
with department staff.
At the public hearing, which begins at 7pm,
you will have the opportunity
to place your comments officially on the record
for this permit application.
We are particularly interested in your comments
relative to our statutory review requirements
that we've outlines in this presentation.
Here are some other important considerations.
In the permit, if granted,
the MDEQ could require monitoring of stream flow,
water quality, aquifer levels,
and other indicators to assess hydrologic
impacts of the withdrawal.
To clarify, this is the first section 17
permit application that has been reviewed
by the department of environmental quality.
I also want to clarify
that our approval or denial
is not based on widespread support
or widespread opposition to this permit application.
Rather, it is strictly based
on the legislated statutory requirements
that I outlined previously.
The pie chart you're looking at
shows the relative, consumptive water use
for waters that are not returned to the
Great Lakes basin due to evaporation
or other incorporation into the products
that are shipped outside of the basin.
You will see that the largest consumptive use sector
is agricultural irrigation.
You will also see the bottled water use
is extremely small,
less than 1%,
and actually this is an over estimation
of the consumptive use,
because it assumes that all of the bottled water
is shipped outside of the Great Lakes basin.
To summarize, the department must assure
that the water is safe to drink
and that there will be no adverse impact
on the resources before it may issue
a section 17 permit.
Again, we want your input.
Please join us for the public information session
and the public hearing
at Ferris State University on April 12th.
The public information session will run from 4 to 6 pm,
and the public hearing,
where you can out your comments on the record officially,
will begin at 7 pm.
If you would like further information,
you may read section 17 in its entirety
using the link provided on this slide.
You may also contact us
by telephone at the 800 number listed,
or via our website, which is also listed on the slide.
Thank you very much.