LAKET TAP A citizen's guide to Michigan's water systems and issues (Fall 2019)
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CONTENTS SECTION I: INTRODUCTION page 2 Welcome page 2 Glossary page 2 How our Waters are Governed page 2 SECTION II: OUR BLUE ECONOMY page 4 What is the Blue Economy? page 4 Traditional Water-Based Economy page 4 The New Blue Economy page 4 Issue Spotlight - Nestlé: Water Rights and Withdrawals page 5 SECTION III: THE GREAT LAKES & OTHER SURFACE WATERS page 8 Challenges page 8 Impacts page 8 Climate Change and the Great Lakes page 8 Issue Spotlight - Line 5: Balancing the Environment and Economy page 10 SECTION IV: DRINKING WATER page 12 Water Infrastructure Overview page 12 Drinking Water Quality page 14 Drinking Water Affordability page 15 Issue Spotlight - The Flint Water Crisis: Drinking Water Quality page 16 Issue Spotlight - PFAS: Source Water Contamination page 17 Issue Spotlight - Detroit Water Shutoffs: Drinking Water Affordability page 19 SECTION V: THANKS & CREDITS page 20 What You Can Do page 20 About the Center for Michigan page 20 Endnotes page 22 1
SECTION I: INTRODUCTION WELCOME water access and at the recommendation of participants in previous Community Conversations. How should Michigan manage our waters statewide? GLOSSARY1 It’s a vital question to a state inseparable from its waters. Aquifer - Soil or rock below the land surface that is saturat- With 11,000 lakes, over 36,000 square miles of rivers and ed with water. more than 3,200 miles of Great Lakes shoreline, Michigan has more freshwater coastline than anywhere in the world. Groundwater - (1) Water that flows or seeps downward and Water forms the beaches where families vacation. It fills the saturates soil or rock, supplying springs and wells. The up- rivers where we boat and fish. It flows into homes so we per surface of the saturated zone is called the water table. can wash dishes, water the lawn and drink. It drives our (2) Water stored underground in rock crevices and in the industries from tourism to manufacturing. It’s home to many pores of geologic materials that make up the Earth’s crust. of our native plants and animals. Nonpoint source pollution - Pollution discharged over a Despite Michigan’s reliance on abundant clean water, we wide land area, not from one specific location. are challenged to protect water quality and accessibility across the state. Point source pollution - Water pollution coming from a sin- gle point, such as a sewage outflow pipe. From Flint to Rockford, contaminants like lead and poly- fluoroalkyl and perfluoroalkyl substances (PFAS) threaten Runoff - Rain, snowmelt, or irrigation that runs across land drinking water safety. In Detroit, poverty and rising bills until running into drains, surface water, or groundwater. make it difficult for residents to afford water. Lakeshore communities struggle to protect their heritage and econo- Septic tank - A tank that stores and treats sewage by sep- mies against invasive species and rapidly changing water arating solids and liquids. Often underground, they are typi- levels. Hot-button topics like the Line 5 pipeline and Nestlé cally used in communities without sewer systems. groundwater withdrawals for bottled water sales prompt in- tense debates about how to balance economic and envi- Sewer - A system of underground pipes that deliver waste- ronmental interests. water to treatment facilities or streams. A breakdown of these and other pressing water issues are Wastewater - Water that has been used in homes, industry found in this guide. “Lake to Tap” is distributed at each of and businesses that requires treatment before it is reused. the Center for Michigan’s Community Conversations during our Your Water, Your Voice campaign to provide campaign Watershed - An area of land between two high points that participants with a shared, factually grounded understand- separates water flowing to rivers, lakes or basins. Large ing of where Michigan’s water issues, currently sit. This watersheds, like the Great Lakes basin, may contain other common ground provides a basis for conversation about smaller watersheds. how to resolve ongoing water management debates. HOW OUR WATERS ARE GOVERNED When it comes to Michigan water, every voice matters. The responsibility of managing Michigan’s waters is the These statewide conversations will result in a Citizen’s Wa- shared responsibility of the federal, state and local govern- ter Agenda, which will instruct state leaders on how resi- ments. dents want Michigan’s most acute water debates resolved. A copy of the Citizens Water Agenda will be delivered to Local governments are in charge of managing drinking wa- every state-level elected leader to ensure what is said in ter quality and caring for the infrastructure that gets water these meetings is shared directly with Lansing. to residents. State government is responsible for ensuring these waters meet state and federal water quality standards. Your Water, Your Voice is the ninth statewide public engage- The federal government enforces federal clean water and ment campaign hosted by the Center for Michigan, a non- safe drinking water laws, provides support and funding for partisan nonprofit organization. In the last 10 years, we have Great Lakes restoration and protection initiatives, and takes engaged with more than 69,000 residents in-person and on- part in pollution prevention efforts aimed at protecting water- line. The Center selected water for our Fall 2019 campaign sheds and drinking water sources, among other activities.2,3 due to the rising prominence of issues surrounding clean 2
Michigan’s tribal governments also manage water resourc- gives greater decision-making power to local citizens in es on tribal land across the state. There are numerous gov- how their water resources are managed. But localizing con- ernment-to-government agreements between the state and trol of water resources can lead to environmental and health Michigan’s tribal governments on matters such as treaty inequities given the resource disparity between Michigan’s fishing rights and water quality issues.4 83 counties. And dividing control of water based on political boundaries rather than watersheds means the state’s wa- Federal control ters are managed in pieces rather than holistically. Federal policy and funding play a large role in ensuring When it comes to drinking water, Michigan residents either Michigan’s waters and water-related economic activity re- receive water from a public water supplier or a private well. main healthy. At least 10 U.S. federal agencies are involved About three out of four residents get their water from public in the protection and restoration of the Great Lakes and suppliers, which are regulated by the Clean Water Act and Michigan’s drinking water, including:5 Michigan Safe Drinking Water Act.10 These laws regulate • The U.S. Environmental Protection Agency, which cre- pollution in our surface waters and protect public drinking ates regulatory and funding programs to administer the water supplies. The remaining residents get their water from Clean Water Act, Safe Drinking Water Act and Great private wells, which are not subject to the requirements of Lakes Restoration Initiative the Safe Drinking Water Act.11 In some Michigan counties, • The U.S. Army Corps of Engineers, which builds and mostly in the northern Lower Peninsula, more than two- designs dams, canals and flood protection such as in- thirds of residents rely on private wells and thus are largely frastructure to keep Asian carp out of the Great Lakes tasked with monitoring the quality and safety of their own and maintain the Soo Locks drinking water.12 Policies created at the federal level, like those that set na- County drain commissioners are responsible for 35,000 tional standards for chemicals in our drinking water or that miles of drains, serving more than 17 million acres - almost determine where and how ships can release ballast water, one-fifth of the state’s total land area.13 Elected by the pub- have huge impacts on Michigan’s water resources. lic, they “administer laws involving flood protection, storm- water management and soil erosion and seek to protect State control Michigan’s water resources in the process.”14 At the state level, water is managed by the Department of Environment, Great Lakes and Energy (EGLE) (formerly known as the Department of Environmental Quality).6 Its core responsibility is to ensure that Michigan’s water re- sources remain “clean and abundant.”7 To achieve this goal, EGLE oversees:8 • Water quality regulation • Wetlands management • Large-scale water withdrawals • Great Lakes protection and restoration programs The Michigan Department of Natural Resources (DNR) also plays a role in governing water systems, managing fisher- ies and state-owned public lands such as state parks and campgrounds. Local control While the state is tasked with ensuring Michigan’s source waters remain clean and safe, local governments are in charge of getting that water safely to residents. This requires “community master planning, economic development, and land use planning” as local governments “frequently own and operate drinking water, stormwater, and sanitary systems.”9 Giving local governments control of their own drinking wa- ter, sewer systems, wastewater and stormwater regulation 3
SECTION II: OUR BLUE ECONOMY Michigan’s economy is built on water. From cars and craft more than 88,000 Michigan jobs are full-time farm sec- brews to tourism and farming, many of Michigan’s main in- tor positions.22,23 dustries depend on our state’s water. One in five Michigan • The farming sector accounts for more than $10.7 billion jobs are in water-reliant industries - the fourth-highest rate in annual economic activity in Michigan.24 in the nation.15 • Manufacturing directly employs more than 623,700 people in Michigan.25 WHAT IS THE BLUE ECONOMY? • Michigan ranks fourth in total manufacturing jobs of any type, behind California, Texas and Ohio.26 While Michigan’s water resources provide economic oppor- • Sixty-six percent of Michigan’s electricity was generat- tunity across many industries, there are five “buckets” of ed by coal or nuclear power in 2017, production only water-based economic activity driving growth in Michigan: made possible using large amounts of water.27,28 Hydro- electric power plays a small role (less than 1 percent) in 1. Legacy uses: shipping, ports and commercial fishing supplying Michigan’s energy.29 2. Big water users: agriculture, manufacturing, energy and • Michigan’s non-alcoholic beverage industry has a direct beverages economic impact of $6.1 billion.30 The total economic 3. Emerging water tech: water technology products and impact is greater, with the American Beverage Associ- services ation reporting that Michigan’s beer industry alone has 4. Water talent: water-focused education, research and an indirect economic impact of $10.2 billion and sup- innovation ports 62,000 jobs.31 5. Water placemaking: water-based development, tour- ism, recreation and lifestyle16 THE NEW BLUE ECONOMY Did you know? If the states and provinces of the Great Emerging water tech Lakes were their own country, it would have the third-largest Water technology products and services economy in the world.17 By 2021, the global smart water technology market is esti- TRADITIONAL WATER-BASED ECONOMY mated to be worth over $20 billion, according to the 2017 Global Opportunity Report, a joint project of the United Na- Legacy uses tions Global Compact.32 Michigan has positioned itself as Commercial fishing, shipping and ports a leader in this market with over 138,000 water technology product and service firm jobs – 10th nationwide.33 By the numbers: • Great Lakes shipping generated $4.2 billion in econom- Companies in this industry help big water users increase ic activity statewide in 2017.18 efficiency, create technology to support processes such as • Great Lakes shipping, freight and commercial traffic water filtration and power generation and provide engineer- and warehousing are responsible for more than 65,000 ing, design and financial services related to water. Michigan jobs and $3.3 billion in annual wages.19 • Michigan has 21 commercial fisheries, 13 of which op- In Michigan, there are more than 350 companies working erate full time.20 in industries such as “water cleaning, conservation, mon- • The gross dockside value of Michigan state-licensed itoring, component-making (filters, cleaners, bio-digesters and tribal commercial fishing operations is $10 million etc.), infrastructure and engineering, including green infra- to 12 million annually.21 structure, and ecosystem management.”34 The Michigan Economic Center estimates the global water tech industry Big water users is growing at a pace of more than $1 trillion a year.35 Agriculture, manufacturing, energy and beverages Water placemaking Michigan’s big-water using industries, including agriculture, Water-based development, tourism, recreation and lifestyle manufacturing, energy production and beverage produc- tion, all owe their success to the state’s abundance of wa- Captured in the Pure Michigan advertising campaign, Mich- ter. Access to fresh water plays a key role in everything from igan is a leader in creating “blue places” by connecting irrigating crops for farmers, making beloved soft drinks like people to water through traditional shoreline tourism, water Faygo and Vernors and cooling power plants at DTE and recreation and large-scale community development efforts. Consumers Energy. Water placemaking has led to major economic resurgences across the state. Communities including Traverse City, De- By the numbers: troit and Muskegon have reclaimed industrial waterfronts to • Agribusiness is Michigan’s second largest industry - create destinations that draw tourists and attract year-long 4
residents, spurring development and job creation. In Grand But according to the 21st Century Infrastructure Report, Rapids, an initiative to shift the Grand River from an indus- Michigan’s statewide water infrastructure needs $1 billion trial hub to a pedestrian attraction led to an estimated “3:1 more per year in upkeep to prevent it from crumbling into an to 6:1 return on investment, in the form of increased proper- unstable system. Continued degradation could threaten the ty values and local economic development.”36 statewide economy and further impair public health.44 (For more about the state’s water infrastructure, refer to pages By the numbers: 12 and 13). • According to a study done by Tourism Economics for the Michigan Economic Development Corporation, ISSUE SPOTLIGHT - NESTLÉ: WATER RIGHTS tourism accounts for 6 percent of the state’s jobs. AND WITHDRAWALS • 122 million people visited Michigan in 2017, spending $24.7 billion and paying $2.7 billion in state and local Nestlé, a multinational food conglomerate, has nine wells in taxes.37 Michigan that draw 1.1 million gallons a day to bottle and • Detroit riverfront improvements have directly resulted sell globally for its Ice Mountain brand.45 in an estimated $639 million in total public and private sector investment over the last 10 years.38 The company’s groundwater withdrawals have been con- • In Muskegon, Great Lakes Restoration Initiative-funded tentious since it began pumping in 2001. Shortly after Nestlé improvements have led to $47 million in completed wa- purchased groundwater rights from a couple in Mecosta, a terfront developments.39 nonprofit called Michigan Citizens for Water Conservation • State rankings compiled by Michigan’s Department of sued Nestlé to decrease its pumping rate.46 The case ended Natural Resources show that Michigan anglers contrib- in 2009 with Nestlé decreasing its pumping rate from 400 ute $2 billion annually to the state. gallons per minute to 218 gallons per minute.47 • Coastal tourism is responsible for 57,000 jobs and $955 million in annual earnings.40 In 2016, Nestlé petitioned the state to increase withdraw- als from its well in Evart from 250 gallons a minute to 400. Water talent State regulators approved the request in 2018, saying they Water-focused education, research and innovation based the approval on science, indicating the groundwater aquifer would not be harmed, rather than public opinion. (All Michigan’s colleges and universities play a major role in blue but 75 of more than 81,000 public comments opposed the economy growth by training the workforce and researching increased withdrawals.)48 new ways for these industries to grow and change. Critics are especially upset that Nestlé, which had $4.8 bil- With nine university water research centers spread across lion in bottled water sales internationally in 2017, only had both peninsulas, Michigan State University, the University to pay the state a one-time fee of $5,000 and an annual fee of Michigan and Wayne State University lead these efforts. of $200 fee to the state. Nestle also pays the City of Evart Collectively called the University Research Corridor, these $3.50 per thousand gallons, the same as any resident. In institutions received a combined $299 million in water re- 2018, that amounted to $313,000.49,50 search funding and awarded over 3,400 degrees in wa- ter-related talent, (such as water-related engineering, public Farmers, golf courses and many other businesses pull health and technology), between 2010 and 2015.41 In Mus- groundwater for commercial purposes and Nestlé’s wells kegon, Grand Valley University’s Annis Water Resources In- aren’t Michigan’s largest withdrawals. The public fervor en- stitute contributes an estimated $3 million annually to the compasses broader debates about water rights and with- local economy.42 drawals. Here’s a breakdown of each issue. Infrastructure keeps the Blue Economy flowing Water rights Infrastructure cleans water and moves the resource where so- In Michigan and many other states, large extractions are ciety needs it. Service interruptions, like contaminated water governed under a longstanding legal doctrine known as or broken pipes, jeopardize business and stall economic ac- reasonable use. That means landowners can use water on tivity. According to a study by the Value of Water Campaign, a or under their property, so long as it doesn’t negatively im- broad group of industry stakeholders, a single day of service pact neighboring ground or surface waters or property val- disruption costs a typical business “$230 in sales per employ- ues.51,52 ee” and for “industries most reliant on water, sales drop by up to 75 percent, or up to $5,800 per employee.”43 Robust infra- This is what gives Nestlé the right to use the water on the structure also supports a high quality of life, which strength- land they own. The same laws allow farmers to water their ens the state’s ability to retain and attract talent. fields or families to drill a well for their homes. 5
Michigan has additional regulations for water withdrawals for bottled water operations.53 Nestlé says it complies with all these regulations and the company works with state and federal regulators to ensure withdrawals don’t harm water supplies. Critics of the bottled water industry fear Nestlé is taking too much water, threatening groundwater levels, and infringing on others’ water rights. Water withdrawals Water withdrawals take place when water is extracted from a source of surface or groundwater.54 In Michigan, the ener- gy sector, which uses water as a coolant during energy pro- duction, withdraws the most water. It averages 6.7 billion gallons a day in 2017, mostly from the Great Lakes.55 The agriculture industry withdrew an average of 260 million gallons of groundwater a day in 2017.56,57 Agriculture’s water rights are protected by Michigan’s Right to Farm Act.58 Michigan’s withdrawals by industry (2017)59 In millions of gallons per day (numbers may not add exactly due to rounding) SECTOR GREAT LAKES OTHER SURFACE WATERS GROUNDWATER TOTAL Public water 813 15 198 1,026 Commercial/Institutional 0 3 5 8 Irrigation 0 79 240 319 Livestock 0 30 20 51 Industrial 314 412 206 931 Power production 6,131 592 2 6,725 Other 0 4 15 19 TOTAL 7,259 1,135 686 9,079 Since 2008, Michigan has required permits to withdraw more than 2 million gallons per day. For water bottlers, the permits are required to pump more than 200,000 gallons a day. The state allows 45 days of public comment and re- searches the extraction’s impact before deciding whether to grant or deny a request.60 6
SECTION III: THE GREAT LAKES & O Michigan’s many lakes and rivers are a unique global re- of rice or smaller. Waterways around the world are polluted source facing intense challenges, from invasive species to with microplastics, with the Great Lakes and its tributaries rising water temperatures to pollution. Degradation of these having some of the highest microplastic pollution levels lakes is a threat to the state’s environment, economy and worldwide.75 The most common microplastics in the Great public health. Lakes are fibers, which form when products like clothing, diapers, cigarette butts, tampons, and nets break down.76 Fast facts: Microplastics take hundreds of years to fully disintegrate.77 • The Great Lakes hold 20 percent of the world’s freshwa- ter and 84 percent of the drinkable freshwater in North Invasive species America.61 • The combined surface area of the Great Lakes is larger Invasive species are plants, animals or bacteria that en- than Texas.62 ter an area they have never lived before and harm or alter • There are over 11,000 lakes in Michigan.63 the region’s environment or economy. There are nearly 100 • You are always within 6 miles of a body of water in invasive organisms in Michigan and over half of them are Michigan.64 aquatic.78 • 36,000 miles of rivers and streams cut across Michi- gan.65 Typically these species are introduced and spread by ac- • The Great Lakes are an important shipping pathway cident. Perhaps the best known method is ballast water, for the entire country. It’s estimated that an unsched- which is water that ships pick up at the start of their jour- uled six-month closure of the Poe Lock (part of the Soo neys to stabilize and later dump. No new aquatic invasive Locks) would cause a nationwide recession and the species have been introduced in the lakes by ballast wa- loss of 11 million jobs in the United States.66 ter since 2006, though several have entered through other means.79 Invasive species have also been known to hitch CHALLENGES rides on recreational boats or escape from resident aquari- ums or ponds. Urban and agricultural runoff Asian carp are a high-profile invasive species threat to the Polluted runoff is the most common form of pollution in the Great Lakes. These species, initially imported from China Great Lakes basin.67 It forms when rain or snowmelt picks for aquaculture, escaped into the Mississippi River and are up contaminants as water flows along the ground toward moving north toward the Great Lakes.80 Scientists warn if lakes and rivers. Common sources of contamination in- the carp enter Lake Michigan they will have access to all of clude fertilizer from agricultural fields and residential lawns, the Great Lakes, posing a major threat to native fish. Deci- de-icing salt, loose sediment from construction sites or farm mated fish populations threaten the lakes’ biodiversity and fields and nutrients from animal waste.68,69,70,71 Michigan’s multibillion-dollar fishing industry.81,82 In May 2019, the Army Corps of Engineers submitted to Congress Wide stretches of asphalt and degradation of wetlands a $778 million plan that would utilize electric shocks, air increase the amount of contaminated runoff that reaches bubbles and noise to create barriers that block the fish, but Michigan’s waterways by reducing the amount of natural fil- not ships.83 Michigan has offered to contribute $8 million to tration the water goes through before making it to lakes or the project, which has yet to receive a congressional vote streams.72,73 as of August 2019.84 Sewage overflows IMPACTS Excess rain or snowmelt coming into the sewers through Algal blooms grates can push sewage pipes over capacity. When pipes are over capacity, they can overflow and force partially or Both polluted runoff and sewage overflows can contribute entirely untreated sewage into local waterways. According to algal blooms, which are large, sudden growths of algae to Michigan’s Department of Environment, Great Lakes, in water.85 Blooms develop quickly when there are unusu- and Energy (EGLE), this happened 358 times statewide in ally high water temperatures, sunlight and phosphorous in 2017.74 the water.86,87 Agricultural and residential fertilizer, combined sewage overflows, concentrations of farm animal waste and Microplastics leaky septic tanks (see page 13), can all increase phospho- rus levels in the Great Lakes through runoff.88,89 Microplastics are pieces of plastic that are the size of a grain 8
OTHER SURFACE WATERS Major blooms are a threat to an area’s ecology, economy Public health threats and public health. Specific impacts include: • Drinking water contamination, which can cause wa- Most Michiganders get drinking water from the Great Lakes ter shutoffs and decrease property values. A 2014 and tributaries, so issues like contaminated runoff, sewage bloom-induced water shutoff in Toledo, Ohio, forced overflows and algal blooms can all threaten quality and residents to rely on bottled water for three days and access to drinking water. The source of the contamination cost an estimated $65 million, mostly in lost tax revenue changes what the impacts will be, but the possible impacts and tourism.90,91 on human health range from gastrointestinal discomfort to • Harm to pets and livestock that drink from contaminat- cancer.110 ed waterways. • Degraded waterway quality, damaged fish populations, Consumption of microplastics is an emerging threat and the and beach closures that can depress tourism.92,93,94,95,96 health impacts of them are unknown.111 Recent research • Depleted oxygen levels in the water, killing aquatic ani- demonstrates that people worldwide consume microplastic mals and plants.97,98 daily in food, drinks and air. There are no data specific to Michigan residents now, but studies estimate people con- Lake Erie has more algal blooms than the rest of the Great sume 5 grams of microplastics a week - enough to make a Lakes because it is the shallowest and warmest lake, but credit card.112 even Lake Superior is beginning to see blooms as water temperatures rise across the region.99,100 CLIMATE CHANGE AND THE GREAT LAKES Beach closures Climate change is expected by scientists to alter the tem- perature of Michigan’s waters and increase the amount of Algal blooms can close beaches, but raw sewage from over- intense rainfall.113,114 flows is the leading cause of beach closures in the Great Lakes.101 Sewage in water is a major public health concern Higher temperatures would: since it can carry dangerous pathogens like E. coli, making • Make algal blooms more likely, accoring to an Environ- it unsafe to swim. The Great Lakes have higher E. coli lev- ments Policy Law Center assessment. els than the rest of the country - testing from 2012 to 2017 • Decrease the amount and duration of ice cover, dis- revealed that more than 2 of every 10 beaches had higher turbing ecosystems and shortening winter tourism sea- than permissible E. coli levels.102,103 This led to dozens of sons.115 temporary beach closures across the state in 2018, harming • Increase the number of invasive organisms that could local tourist economies.104,105 survive in the Great Lakes if introduced.116,117 Ecosystem disruption Increased extreme rainfall may: • Wash more contamination into the Great Lakes, result- Invasive species, microplastics and pollution runoff can all ing in more beach closures and algal blooms. harm Michigan’s environment by threatening native wildlife • Put more stress on water infrastructure, possibly in- and altering the quality of our waters. creasing the likelihood of failure and environmental pol- lution (see pages 12-13 for an infrastructure overview). Algal blooms caused by runoff can do this by suffocating Increased stress could drive up the cost of maintaining aquatic plants and animals and turning waters green. Inva- these systems. sive organisms disrupt the local ecosystem balance, mak- • Harm the economy by disrupting industry patterns like ing it harder for native wildlife to survive. Many Great Lakes shipping schedules or agricultural calendars.118 fish test positive for microplastics, as fish often mistake the • Lead to more extreme shifts in lake water levels.119 flecks for food.106,107 Studies show consuming plastic can disrupt fish eating and mating patterns and can occasion- Impact Spotlight: Water level variability ally be fatal.108,109 Climate change is expected to increase water level variabil- In turn, these degradations hurt economic activities that rely ity because warmer temperatures will increase the rate of on the quality of the Great Lakes such as tourism, place- water evaporation, which creates increased rainfall.120 This making, and commercial or recreational fishing. water cycle intensification makes water levels more erratic, so lake levels are more difficult to predict year to year. Over the last few years, the lakes have had low levels due 9
to higher evaporation rates in the summer and lower than such as trucks, trains or boats are more likely to spill.131 average ice coverage in the winter. This spring saw record Through its first 66 years, Line 5 has never leaked in the high levels due to higher rainfalls.121 Straits.132 It also helps Yoopers heat their homes, as Line 5 provides propane for more than 3 in 5 houses in the Upper Large swings make life more difficult for coastal commu- Peninsula that are heated by propane.133 The work to keep the pipe running also provides jobs and generates taxes. nities and create challenges for the shipping industry. Low water levels make it difficult for ships to move product from What do opponents say? Pipeline protestors say the pos- one port to the next.122 High water levels can put stress on sibility of an oil spill in the Great Lakes is too large a risk, the infrastructure of Michigan’s coastal communities, driv- especially when the pipeline is run by a Canadian compa- ing up maintenance costs, and shrinking beaches.123 ny and most of the oil is not used in Michigan. They point to two main risks for a spill: questionable maintenance or ISSUE SPOTLIGHT - LINE 5: BALANCING THE an anchor strike in the Straits, the gateway between lakes Michigan and Huron; maintenance concerns come from the ENVIRONMENT AND ECONOMY 124 more than 30 Line 5 spills outside of the Straits since 1968; and that Enbridge was also responsible for the 2010 Kalam- azoo oil spill, the worst inland oil spill in US history.134 Where does the issue stand now? As of August 2019, En- bridge is suing the state and the state is suing Enbridge.135 In December 2018, then-Governor Rick Snyder finalized a series of agreements for Enbridge to replace the Straits pipelines and bury new lines in a bedrock tunnel, which the company would fund. In March, his Democratic successor, Gretchen Whitmer, ordered state agencies to stop working on the project after Attorney General Dana Nessel issued an opinion calling the law Snyder signed to create a tunnel oversight board unconstitutional.136,137 Enbridge sued Mich- igan in June 2019, asking a court to uphold the agreement with Snyder. In late June, Nessel asked the court to dismiss Enbridge’s lawsuit and she separately sued the company, aiming to shut down the pipeline in the Straits. She argues Enbridge’s Line 5 is a pipeline owned by Enbridge Inc. of Alberta, Can- 1953 lease to use the state-owned Straits lakebed violates ada. It carries oil and natural gas liquids 645 miles from the common law “public trust doctrine” — the state’s ob- Superior, Wisconsin, to Sarnia, Ontario.125 Along the way, ligation to “protect and preserve the waters of the Great it crosses 23 Michigan counties and intersects 360 of the Lakes and the lands beneath them for the public.”138 state’s waterways — including the 4.5-mile Straits of Mack- inac, where it splits into twin pipes. The pipeline carries up Experts expect litigation will continue for years. to 544,000 barrels of fuel a day.126 It flows to Canada, but a Marathon Petroleum Corp. refinery in Detroit siphons some If Line 5 were shut down, how can Michigan get the oil of it off, as do refineries in Toledo. Enbridge says 55 percent it needs? In June 2019, Whitmer established a task force of Michigan’s propane supply comes from natural gas liq- to examine alternative ways to move the oil currently piped uids flowing through Line 5 that are processed in Sarnia or through Line 5. Their report is due March 2020.139 the Upper Peninsula town of Rapid River.127,128 To date, it’s estimated that tens of thousands of train-and What is the controversy? There is an ongoing debate as truck-loads of oil would be required to replace the pro- to whether the pipeline should continue to pump oil through duction of Line 5.140 Studies have found these methods the Straits of Mackinac. Michigan does not regulate Line are more likely to experience a spill than pipelines.141,142 A 5, as international and interstate pipelines are regulated by private study conducted for the state also found building the Federal Energy Regulatory Commission.129,130 The state the rail infrastructure necessary to move the amount of oil has a legal standing in the debate because it controls the currently piped through Line 5 would be considerably more lakebed in which Line 5 operates. Michigan granted Lake- expensive than building the tunnel.143 head Pipe Line company — now Enbridge — permission to use the space in a 1953 easement for a one-time payment Pipeline advocates say these cost and safety factors make of $2,450. the pipeline the best option. Environmentalists say any chance of a spill in Great Lakes is too great a chance, and What do proponents say? Advocates for the pipeline say the savings are not worth the risk. it is an important source of energy, a job creator and helps keep prices lower at the gas pump. They also say that pipe- lines are the safest way to transport oil, as other methods 10
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SECTION IV: DRINKING WATER WATER INFRASTRUCTURE OVERVIEW expensive upgrades. Communities struggle to fund these fixes, particularly in places where populations are shrinking. Michigan’s aging water systems are busting and leaking, This creates a conundrum: broken water systems threaten with many pipes in the state over 100 years old.144 Mean- water quality, but costly fixes drive up water prices, threat- while, more frequent and intense rains brought by climate ening access to those who can’t afford it. change are only adding stress to water systems that need Infrastructure snapshot:145 12
Underfunding statewide wastewater infrastructure has a C rating.153 Census data shows that between 2004 and 2013, communities in Mich- Michigan spends $1 billion less annually than it should to igan spent an average of $691 million each year on waste- fully fund for water and sewer infrastructure that, according water and stormwater infrastructure.154 Not all communities to the 21st Century Infrastructure Commission.146 charge for stormwater managment, but those that do base the fees on the features of the property, such as how much The commission attributes the spending gap to “decades asphalt is on it.155 of deferred maintenance and a lack of knowledge on the condition of our water-related assets.” There is no state- Some communities use a combined sewage system, where wide collection of data on the condition of drinking or sew- one pipe carries both sewage and stormwater to the treat- age infrastructure, so this estimate is based on what locals ment plant. Others uses a sanitary sewer system, where know about their pipes. It is considered a conservative es- there are separate pipes for each. Most municipalities timate.147 stopped building combined systems in the 1960s because combined systems are more likely to overflow when there’s The commission identified three main hurdles for overcom- a lot of rain or snowmelt. This can send untreated sewage ing this spending gap: the scope of investments needed; into local waterways, causing issues like algal blooms, excess infrastructure that shrinking populations have aban- beach closures and public health risks.156 Many communi- doned; and the decreased spending power of many cus- ties across the state have sewage systems that pre-date the tomers compared to when systems were implemented, switch to sanitary sewer systems. making it tough for some communities to cough up new funding.148 Private infrastructure Public infrastructure Private infrastructure, such as private wells or one-property septic systems, is cared for by the owner. Local governments are responsible for operating, maintain- ing and upgrading most of the state’s water systems. Mich- Wells - Twenty-five percent of Michigan residents and busi- igan communities spent about $913 million to $1.14 billion nesses get water from a private well. There are more than 1 a year on such systems from 2004 to 2013.149 The money million private wells in Michigan, more than any other state typically comes from local taxes or fees on water users.150 in the country.157 Well owners are responsible for mainte- nance and upgrades to their well. Michigan has no regula- Major water system fixes can fuel higher water rates. But tions or monitoring for well water after it is installed.158 putting off those projects may lead to degraded pipes, con- taminated water, and higher maintenance costs down the Septic tanks - Thirty percent of homes and businesses state- road. wide use private septic tanks.159 Michigan is the only state in the country without a statewide septic code, which set Here is how each system works: standards for septic tank performance, maintenance and in- spection.160 Some communities have varied regulations, but Drinking water - Pipes pull water from the Great Lakes, most follow the state’s lead in not regulating septic tanks.161 groundwater and rivers to serve 75 percent of the state’s drinking water needs. The water goes to treatment plants, Failing septic tanks leak raw sewage, contaminating both where it is disinfected to make safe to drink. After that, wa- ground and surface water.162 Polluted groundwater can ter flows to homes and businesses.151 The American Soci- contaminate the drinking water of local wells. If surface wa- ety for Civil Engineers (ASCE), an engineering trade group, ter has fecal matter or E. coli, it can cause algal blooms or rates Michigan’s drinking water infrastructure a “D” on an beach closures.163 It’s estimated that 10 percent to 25 per- A-F scale.152 cent of Michigan’s septic tanks are failing.164 A 2014 study by Michigan State University of 64 water bodies in the Low- Wastewater and stormwater infrastructure - Stormwater er Peninsula found human sewage in every one, and the systems include drains and pipes that collect rain or snow- concentration of sewage was higher in areas where septic melt. Wastewater pipes bring used water from buildings to tanks are more common.165 the treatment plant. Both bring it to a plant for treatment before it is released back into the environment. Michigan’s stormwater infrastructure gets a D- from the ASCE, the same grade it gave Michigan’s roads. The state’s 13
DRINKING WATER QUALITY of contamination risks in the Great Lakes), and six commu- nities pull from a nearby river. Water quality is monitored at the community level and the results are reported in annual Consumer Confidence Re- The second-most common source for drinking water in ports. (Find out how to get a copy of yours at bit.ly/MIWa- Michigan is groundwater - more than 4 of every 10 resi- terQualityReport.) Private well owners are responsible for dents drink water pulled from the ground.172 Leaking septic monitoring their own water quality. If there are issues with systems, urban and agricultural runoff and chemical con- water quality, they often stem from pollution in the source tamination can all pose threats to the state’s groundwater.173 water or infrastructure issues. Fast facts about Michigan’s groundwater: What’s the quality of my drinking water? • There is as much groundwater in the Great Lakes water- shed as there is water in Lake Huron.174 If you get your water from a community water supply, • 45 percent of Michigan residents’ drinking water comes (meaning a large system that serves more than 25 people from groundwater.175 or 15 living units), your water undergoes mandatory testing • Nearly 1 of every 10 groundwater-based drinking sup- every year to make sure it complies with state and federal ply systems nationwide is in Michigan - the highest per- regulations.166 centage of any state.176 • As much as 42 percent of the water in the Great Lakes The federal Environmental Protection Agency sets nation- originates from groundwater.177 wide standards for contaminants including microorganisms, • 70 percent of the water used for Michigan’s agricultural disinfectant byproducts and harmful chemicals.167 Michi- irrigation is groundwater.178 gan’s Department of Great Lakes, Environment and Ener- gy is responsible for ensuring local providers comply with Distribution contamination those rules and any other ones specific to Michigan.168 As of December 2018, the state cannot set any contamination Even water that’s clean at the source or the treatment plant limits that are stricter than those set by the federal govern- can become contaminated en route to homes and busi- ment.169 nesses if infrastructure is not properly maintained. System operators are required to post the test results an- Lead is the most commonly known pollutant that enters wa- nually in the Consumer Confidence Report, and to alert you ter in this manner. Lead can leach into water if pipes are if any tests turn up something unsafe. (For instructions on not properly maintained, as happened in Flint. But lead can how to get a copy of your consumer confidence report, go also enter water through service line connected to houses to bit.ly/MIWaterQualityReport.) or fixtures like faucets. The quality of water from a well, which is used by 1 in 4 Mich- The problem is not limited to Flint. Children across the state iganders, is not regulated by federal drinking water laws.170 are testing positive for lead, and in some areas higher than The state only gets involved in wells when they are being in Flint. Water is one way children can be exposed to lead. installed or when contamination has been identified.171 So are breathing lead paint or dirt from urban soil contami- nated with lead. There are three phases of taking water out of the environ- ment and turning it into drinking water. Contamination can To reduce lead exposure through water, the state instituted occur at all three steps: source water, treatment or during a new Lead and Copper rule in June 2018.179 This requires distribution. Here, we will address the two highest profile additional sampling, mandates that communities inventory sources - source water contamination (such as PFAS, see how many pieces of lead infrastructure they have in their pages 17-19) and distribution (such as the Flint Water Cri- jurisdiction by 2020 and that local government completely sis, see pages 16-17.) replace lead pipelines in the subsequent 20 years.180 Source water contamination By 2025, this new rule also lowers the “action limit” on lead in water to 12 parts per billion (ppb), below the federal level Drinking water can be contaminated if the source of the wa- of 15 ppb. When testing finds water above the action limit, ter contains toxins that treatment plants or in-home sys- water suppliers must take additional testing and remedial tems do not treat. For example, PFAS can be mostly ex- steps to address corrosion issues in their systems. tracted using charcoal filters, but those are more expensive and not standard equipment in treatment. A coalition of public water providers have sued the state over the new regulations, calling them an “unfunded man- Most large water systems in Michigan pull from the Great date” that will drive up costs for water consumers and do Lakes and their tributaries, (turn to page 8 for an overview little to make water safer.181 14
DRINKING WATER AFFORDABILITY By 2014, federal contributions to water infrastructure had fallen to 9 percent of all projects for an average of $11 per Much of Michigan’s water infrastructure is aging and needs person on water infrastructure. Comparatively, in 1977 the improvement. But replacing it is expensive and both fed- federal government spent $76 per person on water infra- eral aid for such projects and general state aid to Michi- structure when adjusted for inflation.187 The federal rate for gan’s local government has decreased over the last sev- spending on other nationwide infrastructure has not de- eral decades.182,183,184 That means local governments must clined as steeply. increase user fees to finance maintenance and upgrades. Large hikes in user fees like a water bill can threaten water affordability, especially in the areas of Michigan with high unemployment or stagnant wages. Less money from the federal or state government There was a large rush of federal grant money for states to use for water infrastructure in the early 1970s during the wave of water regulations like the Clean Water Act and the Safe Drinking Water Act.185 In the late 1970s, the federal government funded 63 percent of total spending on water projects.186 188 15
189 In Michigan, the amount of money the state gives to local governments, called revenue sharing, has also declined over the last couple decades. State revenue-sharing with local governments 190 In millions inflation-adjusted to 2017 YEAR CONSTITUTIONAL/REQUIRED STATUTORY/DESCRETIONARY TOTAL REVENUE REVENUE SHARING REVENUE SHARING SHARING 2000-01 $891.5 $1,265.8 $2,157.3 2006-07 $799.0 $485.8 $1,284.8 2011-12 $758.0 $348.2 $1,106.2 2016-17 $793.2 $466.1 $1,259.3 Change 16-17 vs 00-01 -11% -63% -42% Change 16-17 vs 11-12 -15% -72% -49% More money from user fees “affordable” when a household spends no more than 4.5 percent of their monthly income.196 There are pockets of Without state or federal funding, communities must raise the state where rates have become unaffordable, typical- their own money to fund water infrastructure. Usually they ly in low-income areas. In Detroit, where the poverty rate do this by charging the people using the water system. hovers near 40 percent, water rates have risen 65 percent since 2010.197,198 Researchers at the University of Michigan Estimates of the average household water bill vary wide- found the average low-income resident in metro Detroit ly nationally and statewide, given that each water provider paid 10 percent of their annual income for water.199 To pay uses different factors and fees to set rates and consump- these bills, over half of respondents said they’d cut back on tion varies by household. The general consensus among re- school supplies or fresh produce or choose between paying searchers, however, is that water rates are increasing across their energy or water bill.200 the country faster than wages or inflation.191,192,193 ISSUE SPOTLIGHT - THE FLINT WATER CRI- Various independent studies estimate nationwide house- SIS: DRINKING WATER QUALITY hold water costs at $370 to $1,200 per year.194,195 In 2014, Flint’s state appointed emergency manager The Environmental Protection Agency considers water switched the city’s water source from Detroit’s munici- 16
pal water service to the Flint River water as a temporary to a city economy already plagued by the loss of jobs, high cost-saving measure. Almost immediately after the switch, crime rates and declining school enrollment.209 While Flint’s Flint residents raised concerns about the color and smell home prices had been stagnant in comparison to the rest of their tap water. Despite their complaints, local and state of the country prior to the crisis, Flint realtors reported chal- leaders assured residents the water was safe to drink. In lenges selling homes after the crisis began.210 The crisis the fall of 2015, the state acknowledged the level of lead in also complicated obtaining a mortgage, as some lenders Flint’s water was unsafe, prompting the city to switch back required prospective homebuyers to prove the propertis to Detroit’s water system. In early 2016, after Flint residents were contamination-free before issuing a loan.211 had consumed lead-contaminated water for a year and a half, Governor Rick Snyder declared a state of emergency Business owners in Flint also suffered. Some restaurants in- in Genesee County and sent the Michigan National Guard stalled expensive water filtration systems or bought bottled into Flint to distribute free bottled water to residents. water.212 Childcare centers in the city saw drops in enroll- ment during and after the crisis as parents worried the water The human toll was unsafe for their children.213 The adverse public health impacts of the Flint water crisis Public distrust have been widely reported for years - specifically those on children. Additional collateral from the crisis has been a loss of pub- lic trust in both local and statewide government.214 Even Hundreds of children were identified as having elevated though state officials have officially marked Flint’s water as blood lead levels during the crisis, the number peaking safe to drink and despite test results released in early 2019 in the months after the water source switch in 2014.201 A showing that lead levels in Flint’s water are at the lowest neurotoxin unsafe at any level, childhood exposure to lead level since the crisis, many residents continue to rely on can result in brain and nervous system damage; slowed bottled water for drinking, bathing and cleaning.215 growth and development; learning and behavior problems; and hearing and speech problems.202 Despite the many The Flint Water Crisis remains a tragedy and a cautionary risks facing these children, the majority struggled to receive tale of the public health and economic threats of not safely adequate help. In March 2016 - only six months after Flint maintaining and funding water infrastructure. switched its water source back to the Detroit system - Gen- esee County records showed that 73 percent of children re- For an in-depth look at how the Flint Water Crisis unfolded, ferred for after-care were not active in case management.203 refer to Bridge Magazine’s book Poison on Tap: How Gov- ernment Failed Flint, and the Heroes Who Fought Back. Lead exposure in adults can increase the risk for high blood pressure, heart disease, kidney disease and reduced fer- ISSUE SPOTLIGHT - PFAS: SOURCE WATER tility.204 A 2017 study showed that in 2015, fertility rates in CONTAMINATION Flint fell by 12 percent compared with the average over the previous eight years, while fetal deaths increased.205 What are PFAS? PFAS is the acronym for chemicals known as perfluoroalkyl and polyfluoroalkyl substances. These are Some point to the 2014-2015 outbreak of Legionnaires’ two of a large group of man-made chemicals used since disease as another impact of the crisis. In that time, two the 1940s to make products water repellent (like shoes, rain outbreaks of Legionnaires’ disease in Flint led to 12 deaths jackets, and carpet) or make pans nonstick.216,217 PFAS and and caused another 79 people to become ill.206 Of those similar chemicals are also used in firefighting foam often 79 people who initially survived their diagnosis, at least 20 used at military complexes or airports.218 Known as “forever have died in the weeks, months and years since leaving the chemicals,” they remain in the environment indefinitely once hospital.207 The state disputes claims that this outbreak was present and build up (bioaccumulate) in people or animals tied to the switch. Michigan’s Department of Health and over time.219 Human Services says the more likely cause was staying in McLaren Flint Hospital, where 51 of the 79 patients were Are PFAS chemicals still used to make products sold treated, including 10 of the 12 who died.208 in stores? Yes. In the early 2000s, research indicated that PFAS exposure caused a litany of health issues.220,221 In Economic impact response, the EPA got many of the manufacturers to re- duce PFAS and PFOA (a similar chemical) by 95 percent by Impacts of the Flint water crisis extend beyond human 2010.222 However, firefighting foam with PFAS is still used health. The city’s real estate market and economic develop- around the country, products using PFAS are still import- ment have also been affected. ed and producers that stopped using PFAS replaced it with new chemicals that are incredibly similar.223,224,225 For many in Flint, the water crisis was the latest hardship 17
How are people exposed to PFAS? Contaminated water, Map of PFAS contamination identified by the state of consumer products made with PFAS and occupational use Michigan: 234 of PFAS can all expose people to the chemical. Common products that increase exposure include contaminated drinking water, food packaging like popcorn bags, plants or animals grown with PFAS contaminated water, water re- sistant carpet or clothing or nonstick cookware. Jobs in in- dustries like chromium electroplating, electronics manufac- turing or oil recovery carry a risk of PFAS exposure. Tainted drinking water can expose unborn children to PFAS or it can be passed from mother to child through breast milk.226 How does PFAS get in the water? PFAS enter the envi- ronment by seeping into groundwater from soil filled with PFAS, streaming into lakes and rivers through contaminated runoff or by being purposefully dumped in a waterway.227 How much exposure to PFAS is safe? Nobody is sure, so there is ongoing research to establish a benchmark. There is currently no legal limit for how much PFAS there can be in drinking water. The EPA has a health advisory limit of 70 parts per trillion.228 As a guideline, it is not a legally enforce- able limit. What are the health impacts of PFAS exposure? There is Some groups say the number of contaminated sites is much evidence that exposure to PFAS can lead to adverse human higher that the state’s official number. One study, conduct- health effects, such as: 229 ed by the Environmental Working Group and Northwestern • Harming growth, learning and behavior of infants and University’s Social Science Health Environmental Health older children Research Institute, found nearly 200 sites with any level of • Reducing chances of pregnancy PFAS - more known sites than any other state in the na- • Interfering with hormones tion.235 • Increasing cholesterol levels • Affecting the immune system One of the main reasons Michigan has more sites, though, • Increasing the risk of cancer is that it is one of the most aggressive states in the nation in looking for PFAS contamination. How do you get rid of PFAS in water? The filters typical- ly used by municipalities or on household taps don’t filter Map of PFAS contamination identified by the EWG and out PFAS. Charcoal filters at treatment plants can reduce SSHERI:236 PFAS levels in water, but they are considerably more expen- sive. Communities statewide are spending millions of dol- KEY: lars to install carbon filters in their municipal drinking water Blue - Groundwater plants.230 There are in-home filters for houses that have well Purple - Military Base water, which cost several thousand dollars.231 Pink - Other known sites Where is there PFAS in Michigan? As of July 2019, the state has identified 60 groundwater sites as contaminated How is Michigan with PFAS or PFOA (a similar chemical), meaning there are addressing PFAS? 70 parts per trillion of one or both of the chemicals.232 This In 2017, then-Gov- is polluting thousands of miles of rivers and streams and ernor Snyder estab- the drinking water of over 1.5 million Michiganders.233 Sites lished a temporary are still being added to Michigan’s list as testing continues. group to respond to the emerging PFAS crisis. His successor, Whitmer, made the Michigan PFAS Action Response Team (MPART) an enduring body in 2019. This group is comprised of representatives from a variety of government agencies, (such as EGLE and the Department of Health and Human 18
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