F Flint Water Crisis Public Archive

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Liane Shekter Smith Maggie Pallone

RE: October Flint Lab Invoice

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The following 3 drinking water lab account codes have been set up to be paid by DEQ from the $1M GF/GP. Samples processed under the regular City of Flint account number are sent to the city for payment. Are there any (water) sampling activities that the City performs that would not be covered under this supplemental funding? Flint Drinking Water Lab Accounts Flint—Schools =M99953604 Flint---Residential M99953605 Flint—Other M99953606 Anastasia M. Lundy Administration, RRO-DEQ ‘Phone: 517-284-5129 | Fax; 517-373-2637 Ema Landy 1@michigan gov

RE: October Flint Lab Invoice

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Date: Monday, November 16, 2015 4:48:03 PM The following 3 drinking water lab account codes have been set up to be paid by DEQ from the $1M GF/GP. Samples processed under the regular City of Flint account number are sent to the city for payment. Are there any (water) sampling activities that the City performs that would not be covered under this supplemental funding? Flint Drinking Water Lab Accounts Flint—Schools M99953604 Flint---Residential M99953605 Flint—Other M99953606 Anastasia M. Lundy Administration, RRD-DEQ Phone: 517-284-5129 / Fax; 517-373-2637 Email: [email protected]

FW: October Flint Lab Invoice

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Importance: High Not sure who the correct person to ask is about this. The Flint Action Plan was announced on October 2, 2075. lt was at this point that the DEQ announced that it would test Flint homeowner’s samples for free for lead and copper. Based on that | would say that any sarnples submitted by the city of Flint on or after October 2™ should be waid for by the DEQ using the supplemental. Does this sound right to everyone? xxxEND_PAGE:deq15_b692_2407_2411_4 George L. Krisztian Flirt Action Plan Coordinator Laboratory Director Michigan Department of Environmental Quality Desk ph (517) 284-6719 Cell ph | PPI

Re: Revised/updated DEQ Outline of Flint Drinking Water Issues for Flint Water Task

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Force - Attorney Client Privilege Work Product Liane- The groundwater program has been stating that 40% of Michigan's residence get their drinking water from groundwater sources. This says 70% comes from surface water... Those numbers don't add up. Can we verify that number? Thanks. Maggie Sent from my iPad Undated draft —- dated November 14, 2015. Please review this draft instead. Thanks.

FW: Lead Sampling Issues

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Thought folks might find these documents informative: Attached to this message are a couple of documents that were prepared over a decade ago that discuss excessive stagnation and sample invalidation under the LCR. They were prepared in response to questions from the Washington Post and other news media about invalidation of some samples collected in the Lansing Board of Water Light service area. The first document is an internal memo that identifies language in the federal preamble to and in EPA guidance for the LCR that discuss the need to collect samples from homes that have experienced “typical residential water use during the day before the compliance sample is collected.” The second document is a report prepared to explain why we “invalidated” samples for excessive stagnation in Lansing. It was in the aftermath of this event when EPA eliminated the ability of state programs to invalidate sample results based on excessive stagnation that ed the Michigan Public Water Supply Program to develop a recommendation that communities advise residents participating in their compliance monitoring to flush the designated sampling tap 6 to 8 hours before sample collection (the night before in most cases) to ensure that this tap was not experiencing excessive periods of stagnation. We did not want subsequent regulatory requirements to be imposed based on water quality information that did not accurately reflect the regulatory intent. This briefing report also xxxEND_PAGE:deq04_b214_3461_3462_1 discusses the fact that the regulatory monitoring scheme was not intended to represent human intake, but was based upon sampling a statistically significant number of residences containing leaded plumbing materials as a measure of successful water treatment efficacy. xxxEND_PAGE:deq04_b214_3461_3462_2

FW: Response from EPA on using SRF for Private Line Replacement

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10-6-2015 Response - Kildee.pdf 100615 SRF for Private Line Replacement (Hedman).pdf Follow up communication between Kildee and EPA on replacement of lead service lines and the use of SRF dollars. Nothing that hasn’t already been clarified to us by Susan and others at EPA, but sending so you have this in your files. Maggie

RE: Drinking Water Staff for FY17

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Date: Monday, October 26, 2015 10:38:00 AM I’d like to include George in this discussion also. We’re still trying to coordinate with Genesee County Health Department, as they could be the primary agency collecting samples. | believe we are waiting on a proposal from the county. | think we should also discuss the possibility that George could use help in the form of an asistant.

Flint Schools list.xlsx

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All- Attached is the revised Flint schools list. | have broken into down into 5 categories: PreK and Daycares K-5 6-12 Universities Others (boy scouts, transportations centers, ect) There are also a few that | need to check on regarding to what category they belong in. Thanks, Maggie xxxEND_PAGE:deq04_b168_3370_3370_1

RE: Statutory changes to Part 54

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What language would you recommend instead? Gbviousty EPA allows the maney to be spent on private lead service line replacemerd, and i can't imagine that they would require the city to operate and maintain the lines (rio city would take on that lability), is there someone at EPA can help us expedite @ review so | can get final language over to the legislature tornorrow? in addition, do we need to clarify that the loans can receive principal forgiveness or in that just internal? Thanks, Maggie

RE: Statutory changes to Part 54

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| made the two changes that we discussed yesterday evening- changing the definition to privately owned and wordsmithing the second change in 5409. Thanks for your help with this. Maggie 324.5403 Definitions; P to W. Sec. 5403. As used in this part: (a) “Priority list” means the annual ranked listing of projects developed by the department in section 5406. (b) “Project” means a project related to the planning, design, and construction or alteration of a waterworks system. (c) “Project refinancing assistance” means buying or refinancing the debt obligations of water suppliers if construction activities commenced, and the debt obligation was incurred, after the effective date of this part. (d) “Public water supply” means a waterworks system that provides water for drinking or household purposes to persons other than the supplier of the water, except for those waterworks systems that supply water to only | house, apartment, or other domicile occupied or intended to be occupied on a day-to-day basis by an individual, family group, or equivalent. (e) “State drinking water standards” means rules promulgated under Act 399 that establish water quality standards necessary to protect public health or that establish treatment techniques to meet these water quality standards. xxxEND_PAGE:deq20_b05_208_213_2 (f) “Water supplier’ or “supplier” means a municipality or its designated representative accepted by the director, a legal business entity, or any other person who owns a public water supply. However, water supplier does not include a water hauler. (g) “Waterworks system” or “system” means a system of pipes and structures through which water is obtained or distributed and includes any of the following that are actually used or intended to be used for the purpose of furnishing water for drinking or household purposes: (1) Wells and well structures. (11) Intakes and cribs. (iti) Pumping stations. (iv) Treatment plants. (v) Storage tanks. (vi) Pipelines and appurtenances. (vii) Peivately-owned residential lead service lines. €id) (viii) A combination of any of the items specified in this subdivision. 324.5409 Application for fund assistance; contents; availability of revenue sources; acceptance of applications by department; liability for incurred costs. Sec. 5409. (1) A water supplier whose project plan is approved or under review by the department under section 5407 may apply for assistance from the fund by submitting an application to the department. A complete application shall include all of the following, if applicable, as determined by the department: (a) If assistance is in the form of a loan, financial documentation that a dedicated source of revenue is established, consistent with obligations of debt instruments existing at the time assistance is requested, and pledged to both of the following purposes: (i) The timely repayment of principal and interest. (11) Adequate revenues to fund the operation and maintenance of the project. (b) Evidence of an approved project plan. (c) A certified resolution from a water supplier that is a municipality, or a letter of appointment from a water supplier that is not a municipality, designating an authorized representative for the project. (d) A certification by an authorized representative of the water supplier affirming that the supplier has the legal, institutional, technical, financial, and managerial capability to build, operate, and maintain the 3 xxxEND_PAGE:deq20_b05_208_213_3 project. The water supply does not need to certify it will operate and maintain any portion of the project funded for the replacement privately-owned of residential private lead service lines.

Statutory changes to Part 54

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Importance: High (f we are going to clarify that Part 54 can cover replacement of private service lines, is this the best way to do? | made changes to the definition of waterworks systems to include private service lines, and changes the requirement the water supplier had to maintain and operate the private service lines. Please let me know ASAP what you think. Thanks, Maggie 324.5403 Definitions; P to W. xxxEND_PAGE:treasury01_b36_6099_6552_050 Sec. 5403. As used in this part: (a) “Priority list” means the annual ranked listing of projects developed by the department in section 5406. (b) “Project” means a project related to the planning, design, and construction or alteration of a waterworks system. (c) “Project refinancing assistance” means buying or refinancing the debt obligations of water suppliers if construction activities commenced, and the debt obligation was incurred, after the effective date of this part. (d) “Public water supply” means a waterworks system that provides water for drinking or household purposes to persons other than the supplier of the water, except for those waterworks systems that supply water to only 1 house, apartment, or other domicile occupied or intended to be occupied on a day-to-day basis by an individual, family group, or equivalent. (e) “State drinking water standards” means rules promulgated under Act 399 that establish water quality standards necessary to protect public health or that establish treatment techniques to meet these water quality standards. (f) “Water supplier” or “supplier” means a municipality or its designated representative accepted by the director, a legal business entity, or any other person who owns a public water supply. However, water supplier does not include a water hauler. (g) “Waterworks system” or “system” means a system of pipes and structures through which water is obtained or distributed and includes any of the following that are actually used or intended to be used for the purpose of furnishing water for drinking or household purposes: (i) Wells and well structures. (ii) Intakes and cribs. (iii) Pumping stations. (iv) Treatment plants. (v) Storage tanks, (vi) Pipelines and appurtenances. (vii) Private residential service lines. G49 (viii) A combination of any of the items specified in this subdivision. 324.5409 Application for fund assistance; contents; availability of revenue sources; acceptance of applications by department; liability for incurred costs. 2 xxxEND_PAGE:treasury01_b36_6099_6552_051 Sec. 5409. (1) A water supplier whose project plan is approved or under review by the department under section 5407 may apply for assistance from the fund by submitting an application to the department. A complete application shall include all of the following, if applicable, as determined by the department: (a) If assistance is in the form of a loan, financial documentation that a dedicated source of revenue is established, consistent with obligations of debt instruments existing at the time assistance is requested, and pledged to both of the following purposes: (i) The timely repayment of principal and interest. (ii) Adequate revenues to fund the operation and maintenance of the project. (b) Evidence of an approved project plan. (c) A certified resolution from a water supplier that is a municipality, or a letter of appointment from a water supplier that is not a municipality, designating an authorized representative for the project. (d) A certification by an authorized representative of the water supplier affirming that the supplier has the legal, institutional, technical, financial, and managerial capability to build, operate, and maintain the project. The water supply does not need certify it will operate and maintain any portion of the project that funds the replacement residential private service lines. Maggie Pallone Deputy Director Policy and Legislative Affairs Department of Environmental Quality 517-599-6190 (cell) [email protected]

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