Tag: drinking water

2022 Year in Review: FLOW Makes Advances along the Waterfront

Above: A burst of sunshine and Lake Michigan’s power at the shore in Frankfort, Michigan. (Photo/Kelly Thayer)


Michigan’s water bounty is vast—touching four of the five Great Lakes, more than 10,000 inland lakes, 36,000 river miles, 6 million acres of wetlands, and groundwater that is the drinking water source for more than 4 million Michiganders.

At FLOW, we envision a future where healthy waters sustain healthy communities in the Great Lakes Basin, and together with our supporters and partners, we are bringing that vision to life.

Such an abundant heritage requires protection from a host of threats, and creative thinking about opportunities to keep water public and protected. These, in turn, require vision. At FLOW, we envision a future where healthy waters sustain healthy communities in the Great Lakes Basin, and together with our supporters and partners in 2022, we are bringing that vision to life.

The clear waters of Great Sand Bay on Lake Superior north of Eagle River, Michigan, on the Keweenaw Peninsula. (Photo/Kelly Thayer)

The view Michiganders enjoy of expansive, seemingly infinite Great Lakes waters is mirrored in our work, which spans all of Michigan’s public waters and includes all beings who depend on them. FLOW protects the Great Lakes—and our public trust rights to access, swim, drink, fish, and navigate these magnificent fresh waters—from threats that include climate change and the Line 5 oil pipelines in the Straits of Mackinac, while strengthening protection of our vital groundwater and securing clean water for all.

FLOW protects the Great Lakes and our public trust rights, while strengthening protection of our vital groundwater and securing clean water for all.

In 2022, FLOW’s sustained efforts to ensure safe, clean, affordable, and public water for all resulted in measurable, immediate achievements, as well as in steps toward long-term goals. Here’s a summary of the impact, as well as hope for an even better 2023 in the fight to protect 20 percent of the planet’s fresh surface water and a way of life for all of us who depend on it for our well being.

Line 5: Preventing a Petroleum Disaster in the Great Lakes

The continued presence of Enbridge’s nearly 70-year-old Line 5 petroleum pipelines crossing in the Straits of Mackinac is a navigational hazard and a clear danger to the Great Lakes, communities, tribes, and businesses. The dented and decaying pipeline is owned and operated by Enbridge, the same Canadian corporation responsible for the 2010 spill of more than 1.2 million gallons of heavy tar sands oil into the Kalamazoo River watershed near Marshall, Michigan.

Line 5 shown in red runs from Superior, Wisc., to Sarnia, Ont., as part of Enbridge’s larger pipeline network in yellow running the Alberta, Canada, tar sands to Montreal.

The nearly 70-year-old Line 5 petroleum pipeline crossing in the Straits of Mackinac is a navigational hazard and a clear danger to the Great Lakes, communities, tribes, and businesses.

Acting on the public trust doctrine legal principles articulated by FLOW, Attorney General Nessel filed a lawsuit to shut down LIne 5 in 2019. In 2020, Governor Whitmer revoked and terminated the 1953 easement Enbridge relied upon to operate Line 5, while recognizing that alternatives to Line 5 exist for supplying oil and propane.

The State of Michigan and the public, however, must remain vigilant until the oil stops flowing for good because Enbridge is defying the shutdown order, and Line 5 remains exposed to exceptionally strong currents, lakebed scouring, new anchor and cable strikes, and corrosion. At the same time, Enbridge is seeking permission to locate a tunnel to carry the petroleum under the Straits, posing another set of unacceptable risks.

 In 2022, to shut down Line 5 and stop the ill-advised oil tunnel, FLOW:

  • Spurred Public Engagement & Comment—Spurred, as a founding steering committee member of Oil & Water Don’t Mix, vigorous public engagement and public comment last fall as part of  the U.S. Army Corps of Engineers review of the proposed oil tunnel; and FLOW also prepared final comments submitted to the federal agency on October 14.
  • Helped Reopen the Record on Proposed Tunnel—Helped persuade the Michigan Public Service Commission in July to reopen the record to receive more safety details on the tunnel proposal and Line 5 pipelines.
  • Hosted a Line 5 Livestream—Co-hosted, in partnership with Oil & Water Don’t Mix and the Bay Mills Indian Community, a July livestream event on the status of the Line 5 struggle that drew nearly 600 registrants and reached thousands more people through social media and our e-newsletter.
  • Released a New Fact Sheet—Published a new Line 5 fact sheet.

    Groundwater: Strengthening Protection of Our Sixth Great Lake

    FLOW’s 2022 reportBuilding Consensus: Securing Protection of Michigan’s Groundwater.

    The volume of groundwater in the Great Lakes Basin is comparable to the volume of Lake Huron—in essence, it’s the sixth Great Lake. Groundwater supports industry and agriculture, recharges our streams and the Great Lakes, and provides drinking water to millions of people.

    But because it is out of sight, and therefore often out of mind, groundwater is the least protected arc of that cycle. Limited protections and underinvestment in monitoring have allowed contamination to plague groundwater in tens of thousands of locations in Michigan. Since 2018, FLOW has advanced groundwater as a top priority, bringing new attention and momentum to its stewardship.

    Since 2018, FLOW has advanced groundwater as a top priority, bringing new attention and momentum to its stewardship.

    One of the biggest threats to Michigan’s groundwater is 130,000 failing septic systems. They pollute groundwater with pathogens and household toxic materials, yet Michigan is the only state lacking statewide requirements for inspection, maintenance, and replacement of failing septic systems. FLOW and our partners are striving to remedy that unacceptable fact. 

    In 2022, to protect groundwater, FLOW helped lead the way with these actions:

    • Helped Pass a Countywide Septic Ordinance—Helped in August to persuade the Leelanau County Board of Commissioners, in northwest Michigan, to enact a countywide ordinance preventing and defending against septic system pollution of groundwater.
    • Published a New Groundwater Report—Released in June, as the culmination of 15 months of work, our report, Building Consensus: Securing Protection of Michigan’s Groundwater, and accompanying story map. The report expresses the consensus of multiple stakeholders critical to the state policy process that the state must do more to gather and analyze data fostering an understanding of the condition of groundwater. Key recommendations from the report have helped to form FLOW’s 2023 groundwater policy agenda.

      FLOW’s immersive Groundwater story map.

    • Hosted a Groundwater Livestream—Hosted a livestream in March featuring FLOW staff and five partners, including State Rep. Padma Kuppa and experts on groundwater from academia, the scientific community, and the state. In all, 180 people registered for the event, which offered perspectives on the critical importance of our groundwater resources and the work of the Michigan Groundwater Table convened by FLOW.
    • Collaborated on a World Water Day Resolution—Worked with Rep. Kuppa on a World Water Day resolution that was adopted by Michigan’s State House of Representatives.
    • Guided Water Infrastructure Funding—Engaged last spring with national, regional, state, and local partners, to determine the most impactful policy interventions to ensure the equitable distribution of state and federal funds for water infrastructure, including a $35 million appropriation to help address failing septic systems.

    Clean Water for All: Keeping Water Public and Protected

    Access to clean water for all is a human right and even more vital during emergencies including the COVID-19 pandemic, climate crisis, household water shutoffs in Detroit and elsewhere, and the Flint lead-tainted water crisis. The cost of inaction and the failure to fund public water infrastructure continues to result in water insecurity, flooding, pollution, and costly patchwork repair.

    Access to clean water for all is a human right and even more vital during emergencies including the COVID-19 pandemic, climate crisis, household water shutoffs in Detroit and elsewhere, and the Flint lead-tainted water crisis.

    In 2022, to ensure equitable funding for public water systems and to prioritize water access and affordability, FLOW:

    • Helped Advance Public Water, Public Justice in New York—Worked with New York State lawmakers in support of the newly introduced  Public Water Justice Act, based on FLOW’s groundbreaking 2018 model legislation to extend public trust protection to groundwater, establish a royalty and public justice trust fund from bottled water companies, and pay for water infrastructure priorities.
    • Supported Equity in Water Infrastructure Funding—Engaged statewide with Michigan lawmakers and the Whitmer administration on legislative and other proposals to equitably distribute an historic, short-term increase in federal funds for water infrastructure.
    • Participated in an Environmental Justice Livestream—Presented at an Environmental Justice livestream event hosted by the Great Lakes and St. Lawrence Cities Initiative in March.
    • Celebrated the 50th Anniversary of the Clean Water Act—Published original insights and perspectives throughout the year about keeping water protected and in public hands, including a series of articles in October on the 50th anniversary of the Clean Water Act and its importance, and asked in November, What Do the Election Results Mean for the Great Lakes State?
    • Hosted a Livestream with Maude Barlow—Hosted a livestream event in June with lifelong and world-renowned champion of water, Maude Barlow, who has written a memoir built on her career of activism. Its title, appropriately, is Still Hopeful: Lessons from a Lifetime of Activism. In the book, Barlow vividly details her work on many issues, perhaps most importantly her successful advocacy of water as a human right.

    In March, FLOW supported the introduction of three related public trust bills on groundwater, bottled water, and natural resources. 

    • Supported Public Trust Bills in Michigan—Supported in March the introduction of three related public trust bills to expand public trust protections to groundwater, end the bottled water loophole of the Great Lakes Compact in Michigan, and direct the Michigan Department of Natural Resources to be strong public trustee stewards. 
    • Collaborated on a Public Trust Resolution—Worked with state lawmakers to declare water as a public trust in a World Water Day resolution.  
    • Upheld the Human Right to Water & Sanitation—Continued our efforts to build upon the successful passage of the Human Right to Water and Sanitation Resolution in Traverse City. Promoted statewide and regional engagement on this resolution work with We the People, Michigan Municipal League (MML), Southeast Michigan Council of Governments (SEMCOG), and the Great Lakes and St. Lawrence Cities Initiative.
    • Drafted a Model Ordinance on Green Infrastructure—Drafted a model green infrastructure ordinance that would require municipalities to evaluate the economic and environmental effectiveness of green infrastructure alternatives—assisted by MML, SEMCOG, and City of Grand Rapids.
    • Advanced Green Infrastructure in Communities—Continued to work with Traverse City and Marquette on advancing green infrastructure as part of their new master plans to benefit the environment and save taxpayer dollars.

    FLOW’s Commitment: Lifting Up Young Leaders on Water Protection

    FLOW Executive Director Liz Kirkwood

    Too often we hear that members of Generation Z, those born between 1997-2012, mistrust government, worry about the future of democracies, and feel overwhelmed by the weighty burden of climate change they are inheriting. But from the depths rise the leaders of tomorrow—our beacon of hope.

    “Protecting our precious waters is a multigenerational mission,” said FLOW Executive Director Liz Kirkwood.

    “Protecting our precious waters is a multigenerational mission,” said FLOW Executive Director Liz Kirkwood. “We put that mission into practice not only by pursuing solutions to water problems that will pay off for generations to come, but also by engaging young people who will carry forward the work as part of a rising generation.”

    In 2022, to lift up the youth water movement, FLOW was proud to engage with:

    Lucy Jones enjoys a Lake Michigan sunset.

    • Water&—Bebe Schaefer and Rachel Roberts, two students at American University in Washington, D.C., recently launched the nonprofit organization Water&, on a “constant journey of collective action.” We at FLOW were thrilled to join hands with Water& and other young adult-led organizations in the Great Lakes Basin, and in our nation’s capital, to expand hope and leadership in the protection of our public waters.
    • Mackenzie Joseph—Our highly productive summer 2022 Milliken Intern for Communications was Mackenzie Joseph, a native of Johnstown, Ohio, and rising senior at Ohio University in Athens, who is majoring in Communication Studies with minors in History, English, Writing, and Political Communication. 
    • Mary Basso and Irene Namae—Our ambitious and talented summer 2022 Milliken Interns for Law and Policy were Mary Basso and Irene Namae. Irene was born in Uganda; after finishing a Bachelor of Law there from Makerere University, she served as a magistrate judge. She currently is pursuing her PhD in law at the University of Arizona, focusing on Indigenous Peoples Law and Policy.  Mary Basso is from Owosso, Michigan. After finishing a bachelor’s degree, Mary moved to Nashville, Tennessee, to study law at Vanderbilt University Law School.
    • Lucy Jones—When FLOW first wrote about Lucy Jones—the inspiring Traverse City teen who creates and sells jewelry to benefit the Great Lakes—last February, our supporters were moved by her environmental ethic and enterprising spirit. So we thought it was fitting to catch up with Lucy at year’s end with her holiday sales in full swing. FLOW thrives on these creative collaborations with teens and young adults—the Next Generation—who take action and lead the way to protect fresh water.

    Looking to 2023: Abundant Opportunity to Protect Fresh Water for All

    Now comes the next phase of the work that we all must do together: Hold our elected officials accountable to ensure the waters of the Great Lakes Basin are healthy, public, and protected for all. As the Great Lakes State, Michigan must lead on every imaginable freshwater policy to protect this fragile, water-rich ecosystem and to secure safe, affordable drinking water for all.

    “Big, bold ideas for a vibrant future vision are necessary to generate public engagement and support. So if there ever was a moment, this would be it,” said FLOW Executive Director Liz Kirkwood.

    “Michigan must seize this window of opportunity to think about systemic changes needed and make the greatest gains we can to protect fresh water, the environment, Pure Michigan economy, and our way of life in the face of impacts from unrelenting climate change and a water-scarce world,” said Kirkwood. “Big, bold ideas for a vibrant future vision are necessary to generate public engagement and support. So if there ever was a moment, this would be it.”


    P.S.—Your Inside Look at FLOW with Liz Kirkwood Starts Now. Take an exclusive look behind the scenes at FLOW’s work, made possible by our generous supporters:


     

    What Do the Election Results Mean for the Great Lakes State?

    While the word “water” was not on the November 8 statewide general election ballot in Michigan, it was present on the ballot in various local communities and in different, more subtle ways across the Great Lakes State.

    In some of Michigan’s 276 cities and 1,240 townships, voters considered new regulations to safeguard water resources and taxes for sewer and drinking water system improvements. In northwest Michigan’s Leelanau Township, for instance, 60% of voters approved zoning amendments designed to protect water quality; and Leelanau County is poised by month’s end to implement a county-wide septic code ordinance after the county board’s bipartisan vote in August following years of rancorous debate and unsuccessful attempts at passage.

    In Ann Arbor, a whopping 71% of voters favored a proposal to fund the City’s A2 Zero Action Plan, which aims for a transition to carbon neutrality by 2030 to curb climate change. The funds will come from an up to 1-mill ($1 for every $1,000 in taxable value) increase in city property taxes over the next 20 years, which will raise an estimated $6,800,000 in the first year levied. Authorized uses include year-round composting; expanded residential/multifamily recycling; community and rooftop solar programs; rental and low-income household energy programs; bicycle, pedestrian and transit infrastructure; neighborhood resource centers; electric vehicle infrastructure; and tree plantings.

    In some of Michigan’s 276 cities and 1,240 townships, voters considered new regulations to safeguard water resources and taxes for sewer and drinking water system improvements.  A whopping 71% of Ann Arbor voters favored a proposal to fund the City’s A2 Zero Action Plan, which aims for a transition to carbon neutrality by 2030 to curb climate change.

    At the county level, decisions made by voters on whom to elect as commissioners in each of Michigan’s 83 counties could affect whether these jurisdictions in the near term take on one of the problems most threatening the state’s waters, an estimated 130,000 failing septic systems. Michigan remains the only state without a statewide law to set minimum standards for inspecting, maintaining, and replacing broken septic systems to protect surface water and groundwater and safeguard public health, so regulation is limited for now to a patchwork of local ordinances.

    Historic Shift in Michigan’s Government

    For the first time since the 1980s, Democrats have won the governor’s office, with the re-election of Gretchen Whitmer, and majorities in both chambers of the Michigan Legislature, albeit by just two seats in each chamber, which Republicans had controlled during Whitmer’s first term. The historic shift, along with the re-election of Dana Nessel as attorney general, promises to have enormous influence on the quality of water and other natural resources of the state.

    enbridges-line-5-under-the-straits-of-mackinac-4f9997139d321d60

    A diver points to a segment of the dual Line 5 oil pipelines operating under in the Straits of Mackinac since 1953.

    As an example, Whitmer and Nessel have been partnering on a legal strategy to shut down Line 5, Enbridge’s risky, antiquated twin petroleum pipelines operating in the Straits of Mackinac, while their Republican opponents had pointedly promised to drop the litigation if elected. And Gov. Whitmer will have the opportunity to speed up progress on her climate action plan, restore polluter-pay cleanup laws weakened under former Republican Gov. John Engler, and protect and restore the Great Lakes. Widespread PFAS contamination, E. coli pollution, and harmful algal blooms also remain key priorities.

    In the 2023-2024 session of the legislature, lawmakers will likely decide whether to enact a statewide law to control failing septic systems and whether to spend a part of several billion dollars in federal aid to maximize Michigan’s historic investments in clean drinking water, wastewater, stormwater, and other water infrastructure projects – including aging dams on Michigan rivers.

    FLOW: It’s Time to Seize the Opportunity to Protect Fresh Water for All

    As the Great Lakes State, Michigan must lead on every imaginable freshwater policy to protect this fragile, water-rich ecosystem and to secure safe, affordable drinking water for all.

    FLOW Executive Director Liz Kirkwood

    “For the first time in almost 40 years, the Whitmer administration and the legislature have an opportunity to profoundly shape water policy in the Great Lake State,” said FLOW Executive Director Liz Kirkwood, reflecting on the recent election results. “A lasting watermark would include securing clean, safe, and affordable water for all and protecting groundwater for the health of our lakes and communities.”

    “For the first time in almost 40 years, the Whitmer administration and the legislature have an opportunity to profoundly shape water policy in the Great Lake State,” said FLOW Executive Director Liz Kirkwood, reflecting on the recent election results. “A lasting watermark would include securing clean, safe, and affordable water for all and protecting groundwater for the health of our lakes and communities.

    Public Water, Public Justice

    Governor Whitmer should play a leading role to close the bottled-water loophole in the Great Lakes Compact that presently allows diversions of water in containers less than 5.7 gallons. To do so, Kirkwood called on the governor and legislature to adopt FLOW’s “Public Water, Public Justice” model legislation that would generally prevent diversions by requiring small container diversions to be aligned with Public Trust principles, licensed by the state, and subject to royalties that would generate state revenue for Michigan’s vast water infrastructure needs.

    “Michigan must seize this window of opportunity to think about systemic changes needed and make the greatest gains we can to protect fresh water, the environment, Pure Michigan economy, and our way of life in the face of impacts from unrelenting climate change and a water-scarce world,” said Kirkwood. “Big, bold ideas for a vibrant future vision are necessary to generate public engagement and support. So if there ever was a moment, this would be it.”

    “Michigan must seize this window of opportunity to think about systemic changes needed and make the greatest gains we can to protect fresh water, the environment, Pure Michigan economy, and our way of life in the face of impacts from unrelenting climate change and a water-scarce world,” said Kirkwood. “Big, bold ideas for a vibrant future vision are necessary to generate public engagement and support. So if there ever was a moment, this would be it.”

    On the Federal Front

    Finally, all 13 of Michigan’s seats in the U.S. House of Representatives were contested in the November 8 election, with all incumbents who ran winning re-election, and Republicans gaining a slim majority in the chamber. Democrats retained narrow control of the U.S. Senate, and all Midwest governors on the ballot were re-elected.

    The U.S. House will consider legislation in 2023 to address PFAS, the so-called “forever chemicals,” which have contaminated over 200 sites in Michigan, and renewal of federal funding for the Great Lakes Restoration Initiative.

    Everywhere you look, water issues colored Michigan election choices and outcome. Now comes the real work that we all must do together: Hold our elected officials accountable to ensure the waters of the Great Lakes Basin are healthy, public, and protected for all.

    Michigan Legislature on Wednesday Will Consider Bill to Control Waste from Septic Systems

    Editor’s note: FLOW supports the consideration of newly introduced legislation to control septic system sewage and looks forward to helping strengthen the bill’s provisions to ensure the strongest possible protections for public health and public waters. Please read the article, and use the links to contact the bill’s co-sponsors using the information below to express your support.


    Wednesday marks an important moment in the decades-long effort to protect Michigan’s public health, wells, and water from pollution caused by failing septic systems. At 10:30 a.m. on Weds., Sept. 28, a state legislative committee will take up a bill requiring inspection of septic systems at the time a property is sold.

    FLOW encourages the public to contact the bill’s co-sponsors—Rep. Yaroch and Rep. Rendon—to express support for their legislation to protect public health and public waters.

    The House Committee on Natural Resources and Outdoor Recreation will hear testimony on House Bill 6101, which was introduced by Rep. Jeff Yaroch, R-Macomb County, and Rep. Daire Rendon of Lake City, in Missaukee County. While the committee bill is not expected to vote on the measure Wednesday, the hearing could lay the groundwork for action after the November election, during the lame-duck session, or early in the 2023 legislative session. FLOW encourages the public to contact the bill’s co-sponsors—Rep. Yaroch and Rep. Rendon—to express support for their legislation to protect public health and public waters.

    Michigan is the only state lacking a law to require inspection of septic systems. It is an urgent priority, with an estimated 130,000 failing septic systems in Michigan releasing approximately 9.4 billion gallons of poorly or untreated sewage into the soil and environment each year.

    Michigan is the only state lacking a law to require inspection of septic systems. An estimated 130,000 failing septic systems in Michigan each year release approximately 9.4 billion gallons of poorly or untreated sewage into the soil and environment.

    How Did We Get Here on Septic?

    For two decades, proponents of the legislation have unsuccessfully attempted to secure passage by the legislature of such a law. FLOW and many of our allied organizations support a statewide septic code, working for years to lay the groundwork for passage. FLOW supports the introduction of H.B. 6101 and looks forward to helping strengthen the bill’s provisions to ensure the strongest protections for public health and public waters.

    One of the witnesses scheduled to testify on Wednesday is Dr. Joan Rose, a Michigan State University researcher and microbiologist, who co-authored a study finding human fecal indicator bacteria in every river tested in a 64 river systems that drain approximately 84 percent of the Lower Peninsula. 

    Dr. Joan Rose, a Michigan State University researcher and microbiologist, will testify Wednesday on the septic bill.

    Rose was a key presenter at the Michigan Septic Summit, hosted in November 2019 by FLOW and our partners and allies and attended by over 150 public health experts, scientists, local government representatives, nonprofit organizations, and interested citizens. At the Septic Summit, Dr. Rose spoke about her study’s finding on septic pollution.

    The results were clear, Rose said. “The more septic systems in the watershed, the more human fecal source tracking bacteria in the water. If we want to keep E. coli and other pathogens out of our waterways, we need to address the problem of septic systems that may be failing to adequately treat our wastewater.”

    FLOW continues to educate and empower the public on the need for a statewide septic system policy in order to protect public health, local communities, lakes, and ecosystems—especially groundwater, the source of drinking water for 45% of Michigan’s population.

    Learn More

    To learn more, dive into FLOW’s original articles, videos, and other content on the need to stop septic pollution, including materials published Sept. 19-23 during SepticSmart Week, a U.S. Environmental Protection Agency annual educational initiative, at www.ForLoveOfWater.org and on FLOW’s Facebook, Instagram, and Twitter.

    What the Big Water Infrastructure Law Means for Michigan

    On March 30, Governor Gretchen Whitmer signed into law a $4.7 billion bill that includes almost $2 billion for water infrastructure.  Overwhelming majorities of the State House and Senate approved the bill on March 24.

    Relying heavily on federal COVID-19 relief and infrastructure dollars, the legislation funds wastewater and drinking water projects, efforts to curb PFAS contamination, assistance to replace failing septic systems, replacement of lead pipes in municipal drinking water systems, and a healthy hydration program to eliminate children’s lead exposure in school drinking water supplies.

    The new law also contains funding for state parks maintenance, dam safety, and non-environmental projects. Deeply concerning is the $50 million taxpayer-funded subsidy the legislation provides to a private company to mine potash in Osceola County, which has drawn well-informed criticism from Michigan Citizens for Water Conservation (MCWC), as well as from FLOW. MCWC asked Governor Whitmer to veto the item. The proposed operation would withdraw 1,200 gallons of groundwater per minute, more than 630 million gallons per year, contaminate it with brine, hydrogen sulfide, and hydrocarbons, then inject it underground in sensitive wetland areas that flow into the Muskegon River. Whitmer did not veto the subsidy.

    “This legislation is a major step forward in protecting Michigan’s drinking water and our lakes and streams, but it is not perfect,” said FLOW Executive Director Liz Kirkwood. “Big as this bill is, it represents a much needed down payment. The estimated gap between our water infrastructure needs and what we’ve been spending is almost $1 billion – per year.

    “We also need to develop policies and funding mechanisms that make public water affordable for all, while preventing shutoffs,” she said.

    Lisa Wozniak, the executive director of the Michigan League of Conservation Voters, called the water infrastructure legislation “a huge win for our water.” 

    Conan Smith, president and CEO of the Michigan Environmental Council, said the legislation “will be instrumental in ensuring Michiganders everywhere have access to clean, safe drinking water and will protect human health, not to mention create jobs and strengthen our economy.”

    Key items in the bill include:

    • $750 million for drinking water infrastructure improvement projects
    • $515 million for wastewater and stormwater upgrades
    • $450 million for local and state parks and trails
    • $200 million for the Four Lakes Task Force to fix the dams that burst two years ago in Midland County
    • $138.8 million to replace lead service lines, including $45 million in Benton Harbor and $75 million in Detroit
    • $88.2 million to address emerging contaminants, like toxic PFAS contaminants in storm and wastewater
    • $50 million for a Healthy Hydration program providing drinking water filters in schools and childcare facilities
    • $35 million to address failing septic systems
    • $25 million for electric vehicle (EV) industry support and pilot programs

    Sponsored by Republican Senator Jon Bumstead, Senate Bill 565 originally included $3.3 billion of funding for water, which was more than Governor Whitmer, a Democrat, was willing to support at the time. After negotiations, the bill grew to $4.7 billion, adding funds for non-environmental needs, including emergency rental assistance and road and bridge projects.

    Two of FLOW’s priorities are in the bill:

    • A $35 million program of low-interest and no-interest loans to help  property owners replace failing septic systems. With an estimated 130,000 failing systems leaking human waste and household hazardous wastes into Michigan’s groundwater and surface water, the need is great.
    • $10 million to implement recommendations of the state Water Use Advisory Council. Endorsed by the multi-stakeholder Michigan Groundwater Table convened by FLOW, the recommendations for monitoring, data collection, analysis, and reporting should lead to better stewardship of groundwater

    In addition to the controversial potash mining subsidy, Smith said the bill contained a “fairly egregious insertion” of $25 million for building new low-carbon energy facilities. “This very likely means funding for ethanol and other biogas projects, rather than wind and solar. These projects have far-reaching consequences, including slowing our transition away from natural gas and exacerbating problems with monoculture agriculture that we are already experiencing in Michigan,” Smith said.

    Many implementation details remain to be resolved. The legislation gives significant leeway to state agencies in funding projects. For example, the legislation’s septic system language calls for the Department of Environment, Great Lakes, and Energy (EGLE) to “establish and support a loan program that provides low- or no-interest loans to municipalities, residents, and other entities deemed necessary by [EGLE] to protect public health and the environment through addressing failing septic systems.”

    FLOW and other environmental organizations will make recommendations regarding, and monitor the implementation of, the environmental provisions of the infrastructure legislation to assure maximum benefits to Michigan residents in greatest need and the environment.

    Our Drinking Water Lacks the Protection It Deserves

    Acclaimed author and FLOW Senior Advisor Dave Dempsey stands on the shore of Lake Michigan’s West Grand Traverse Bay.


    Editor’s note: This opinion article was originally published on April 2, 2022, in the Lansing State Journal.

    By Dave Dempsey

    A natural resource on which nearly half the population of Michigan depends every day is one that most of us rarely think about: Groundwater, and it’s especially critical in mid-Michigan. The tri-county area depends almost exclusively on groundwater as a drinking water source—both from public wells managed by the Lansing Board of Water and Light and the City of East Lansing, and thousands of private wells in outlying areas.

    Some 45 percent of Michigan’s population gets drinking water from underground, but because it is out of sight it is often out of mind. Its invisible nature has made groundwater vulnerable to neglect and mismanagement. Michigan is pocked with more than 14,000 groundwater contamination sites, including one of the nation’s largest, a 13 trillion-gallon plume contaminated by the toxic chemical TCE (trichloroethylene). Due to funding limitations, the state is addressing only two percent of these polluted sites this year.

    Groundwater is vital globally, too. The salty oceans are not drinkable and constitute approximately 97 percent of all the world’s water. About two percent of all water is fresh water frozen at the poles or in glaciers. Of the remaining one percent, almost all of it is groundwater, according to the National Oceanic and Atmospheric Administration.

    If Michigan’s groundwater were visible, it would be hard to miss. If combined, all the groundwater in the Great Lakes Basin is approximately equal in volume to Lake Huron—a sixth Great Lake of sorts.

    But groundwater is not an underground pool. Instead, it fills the pores and fractures in underground materials such as sand, gravel and other rock—much the same way that water fills a sponge. And it lacks the protection it deserves.

    Although 1.25 million private water wells supply drinking water to more than two million Michiganders, there is no regular safety testing of that water. Thousands of these wells are contaminated with nitrates. Michigan is the last holdout among the 50 states in protecting groundwater and public health from 130,000 failing septic systems that discharge human waste.

    My organization, For Love of Water, is a nonprofit law and policy center based in Traverse City. Last month we sponsored a webinar on Michigan’s groundwater challenges and opportunities on World Water Day, where scientists and public officials spoke of the urgent need to educate Michiganders about the importance of groundwater.

    Learning about groundwater is the necessary first step toward action, and protective action is what Michigan needs to safeguard its groundwater for current and future generations.

    Dave Dempsey is senior advisor at FLOW (For Love of Water), a Great Lakes law and policy center based in Traverse City. He is the author of several books on Michigan’s environment. Learn more about FLOW’s groundwater-protection program, including our latest report and fact sheet.

    It’s Time to Reinvest in our Water Infrastructure—to Protect Drinking Water and to Create Jobs

    Photo courtesy of Flickr

    By Liz Kirkwood, FLOW Executive Director

    “Water, water everywhere, and not a drop to drink.”

    These (slightly paraphrased) words of the English poet Coleridge from “The Rime of the Ancient Mariner” describe the saltwater of the seas. But today they could apply to some areas of Michigan, whose drinking water sources are not salt water, but freshwater.

    During national Drinking Water Week (May 3-9) it’s worth observing the sad irony that in Michigan, which is surrounded by an endowment of 20% of the world’s freshwater in the Great Lakes, there are communities where people don’t have access to clean, affordable, safe drinking water.

    The most appalling example is the City of Detroit, whose drinking water is unavailable to tens of thousands of residents whose service has been shut off. This unacceptable health hazard is the result of an inhumane policy that automatically shuts off water for delinquent payment of bills. Sister Great Lakes cities Chicago and Milwaukee have adopted policies forbidding similar shutoffs. Until Detroit residents have access to the city’s water, they will be unable to protect themselves from COVID-19 through handwashing or benefit from the same in-home water most of us take for granted.

    But the denial of access to clean, safe drinking water is not limited to customers in the cities of Detroit or Flint, where lead poisoned the water supply six years ago. Across the state, private water wells are contaminated by such toxic chemicals as PFAS and nitrates. FLOW’S 2018 groundwater report showed that many rural water wells are contaminated with nitrates, the result of animal waste and nitrogen fertilizer application as well as failing septic systems. Between 2007 and 2017, of drinking water samples tested by state government’s environmental laboratory, 19% were contaminated with nitrates. Nitrates threaten the health of infants and there is growing evidence they may pose cancer risks. With no local or statewide program in place to routinely test private water wells, many well users may be exposed to drinking water contaminants and never know it until their health is compromised.

    Public drinking water treatment and delivery systems are nearing or exceeding their design lives. In simple terms, they’re outliving their usefulness, and there is no plan to raise the funds to replace or upgrade them.

    These holes in our drinking water systems are the result of federal and state government neglect. According to a 2017 report, the federal government’s contribution to water infrastructure capital spending has dropped precipitously over the past 30 years from 63 percent in 1977 to a meager 9 percent in 2014. Similarly, state governments have fallen short in providing adequate assistance. The eight states of the Great Lakes region face over $77 billion in estimated water infrastructure needs over the next 20 years. This crisis is compounded as many communities already face unaffordable water rates and struggle to maintain already weak infrastructure. In Michigan, the annual gap between available funding and water infrastructure is conservatively estimated at $800 million.

    There are few political risks for public officials who champion a funding solution to our clean water woes. A recent national survey found that 84% of Americans support increasing the federal investment in our water infrastructure—and 73% support investing in water infrastructure to increase resilience to climate change, even when told this could cost more than $1.27 trillion.

    One of the co-benefits of investments in water infrastructure is job creation. Upgrading and building drinking water treatment facilities would create thousands of jobs in Michigan alone. In the wake of the pandemic-caused economic collapse, creating water infrastructure projects is imperative.

    During this national Drinking Water Week, we must focus on the need to rebuild our drinking water infrastructure. Michigan is a water-rich state, and its residents deserve access to safe, clean, and affordable drinking water. All of its residents.

    PFAS: The Not So Emerging Contaminants

    “Emerging” Contaminants

    PFAS (per- and polyfluoroalkyl substances) are driving Michigan’s latest surface and groundwater crisis, infiltrating public waters with what the media and others describe as “emerging” contaminants. It turns out, however, that this class of persistent fluorinated chemicals, known as “forever” chemicals due to their extraordinarily strong bonds, is anything but emergent.

    In fact, the responsible chemical manufacturers (DuPont, 3M, and six others), U.S. Environmental Protection Agency (EPA), and U.S. Department of Defense (DOD) have known for decades about the toxicity of PFAS, adverse health effects on humans and the environment, and persistent nature of this family of 5,000+ chemicals. In 2017, the Pentagon identified 401 military sites with known or potential releases of these chemicals.

    Complex litigation and class action lawsuits now decades old involving former DuPont employees, 3M, and other manufacturers established causation and linked adverse human impacts to known scientific toxicological effects. Just watch the film The Devil We Know for a gut-wrenching look at what happens to animals, humans, families, and communities poisoned by PFAS contamination when chemical manufacturers and regulatory agencies duplicitously cooperate, ignore science, and continue to produce these chemicals that are ubiquitously found in our food, bodies, drinking water, clothes, and other consumer products sold around the globe.

    The most commonly known PFAS-containing household products include Scotchgard®, Teflon®, and Gore-Tex®. PFAS chemicals can be found just about everywhere on the planet, including in mammals in remote Arctic regions. How vast a problem is this?  Vast and unprecedented. “An estimated five million to 10 million people in the United States may be drinking water laced with high levels of the chemicals,” according to the New York Times. And an alarming ninety-eight percent of Americans are estimated to have some level of these fluorinated chemicals in their blood.

    In 2016, the EPA set a non-enforceable health advisory for perfluorooctanoic acid (PFOA) and perfluorooctanesulfonate (PFOS) levels in drinking water at a combined 70 parts per trillion (ppt). The Centers for Disease Control and Prevention and the Agency for Toxic Substances and Disease Registry, however, have stated repeatedly that exposure to even lower concentrations may pose health risks. Despite all that we know, in 2019 Americans still have no federal drinking water standard and no federal cleanup standard to protect communities from harmful health effects from these forever chemicals.

    At the State Level

    Without federal leadership to set drinking water and cleanup standards, and Superfund polluter liability, the states have to fend for themselves to address a nationwide crisis affecting everything from food, drinking water, wastewater, public health, wildlife, commercial household products, and industry processes. States including Colorado, Minnesota, Michigan, New Jersey, New Mexico, Texas, Vermont, and Washington have or are in the process of developing policies to regulate drinking water and cleanup for this class of toxic chemicals. And another 11 states—Alabama, California, Illinois, Massachusetts, Mississippi, Montana, New Hampshire, New York, North Carolina, Pennsylvania, and Wisconsin—are  considering following suit, according to Bloomberg Environment analysis (check out Safer States’ bill tracker to see what’s happening in your state).  

    In Michigan, DEQ scientist Robert Delaney warned the state about the PFAS health crisis as early as 2012 in a seminal report that was largely ignored. That same year, the Michigan Department of Health and Human Services issued a “Do Not Eat” fish advisory near the former Wurtsmith Air Force Base. Given that these chemicals can bioaccumulate in aquatic ecosystems resulting in higher levels in fish tissue, Michigan issued a health advisory for surface waters at 11 to 12 ppt.

    With the discovery of PFAS at Wurtsmith Air Force Base and post-Flint crisis, the State of Michigan launched the Michigan PFAS Action Response Team (MPART) in 2017 to investigate the drinking water systems, wastewater treatment plants, schools, and landfills across the state. The more the State of Michigan looked, the more PFAS-contaminated sites have been found.

    In January 2018, the DEQ issued an emergency clean-up standard at 70 parts per trillion (ppt) in groundwater used for drinking water in Michigan. To date, the State of Michigan has tested 1,400 community water systems, and 90 percent of them have no detectable PFA levels. The 10 percent, however, are a significant concern. An executive order signed by Governor Gretchen Whitmer strengthened MPART (the Michigan PFAS Action Response Team) so that it can efficiently inform the public about toxic contamination threats, locate additional PFAS contamination zones, and take action on behalf of Michigan residents, notably by protecting their drinking water supplies from the family of chemicals.

    But more needs to be done. Now.

    State attorneys general, for example, need to further collaborate and take leadership in building a nationwide coalition to initiate litigation and demand federal agency action for drinking water and cleanup standards. In 2018, Minnesota’s Attorney General won an $850 million settlement with 3M, a manufacturer of perfluorinated chemicals (PFCs).

    Where Things Stand

    EPA’s recent release of a PFAS Action Plan is the latest example of government foot dragging in the extreme. The plan appears designed to slow the federal response and shift the burden to the states to set their own standards.

    On March 1, Michigan’s U.S. Senators Gary Peters and Debbie Stabenow, along with ten other Senators, introduced legislation to regulate PFAS as a “hazardous substance” under the Comprehensive Environmental Response, Compensation, and Liability Act, also known also as CERCLA or Superfund. Under the bill, the EPA would have regulatory enforcement powers over PFAS and could require polluters to pay for PFAS groundwater contamination and clean up. U.S. Representative Debbie Dingell introduced identical legislation in the House (HB 545). On March 5, Governor Whitmer issued a supplemental budget request for $120 million in clean water funds, including $30 million for PFAS research and clean up.

    Liz Kirkwood, Executive Director

    With a family of 5,000 chemicals infused in everything from clothes to household products to manufacturing, federal and state toxicologists and risk experts are working hard to understand and evaluate the science of exposure and health impacts, and to determine what standards define an  acceptable risk. In Michigan, leading toxicologists include among others Dr. Rick Rediske, Carol Miller, Rita Loch-Caruso, Courtney Carignan, and Steve Safferman. Their findings are critical to informing and resolving  current state and federal policy debates on safe drinking water and clean up levels.

    This latest surface and groundwater crisis is a reminder of how interconnected we are, how vulnerable the water cycle is, and how national chemical policy reform is urgently needed to protect human health and the environment before chemicals are put into commerce and adversely contact with human and the natural environment.  


    Protecting Traverse City’s Tap Water

    Anyone who visits Traverse City can easily see how important freshwater is to this region. The iconic Grand Traverse Bay, numerous inland lakes and the Boardman River winding through downtown make freshwater an essential part of Traverse City’s landscape and culture. Our unique freshwater resources provide remarkable recreational opportunities that bring thousands of visitors to the shores of Traverse City every summer. One of the major benefits from our freshwater that often goes unnoticed, is its use as tap water in our everyday lives.

    Even as a longtime resident who is very passionate about water, I had to ask myself, do I know where the water from my tap comes from? Well, if you live in the city limits of Traverse City, the answer is the Grand Traverse East Bay (“East Bay”). Traverse City pumps an average of 5.19 million gallons a day from East Bay to supply the growing demand for freshwater.[1] This freshwater is taken out of East Bay through a steel and wood crib that sits about 40 feet below the water surface off the Old Mission Peninsula.[2] The water is pumped to the City’s water treatment plant, then distributed through roughly 120 miles of pipes to serve an ever-growing customer base of approximately 40,000 people.[3]

    Planning the Future

    Given East Bay’s significant role as the source of Traverse City’s tap water, it is important for us as a community to become engaged in planning for the future of East Bay and the surrounding Grand Traverse watershed.

    This is no small task. The Grand Traverse watershed is approximately 976 square miles, covering portions of Grand Traverse, Leelanau, Antrim, and Kalkaska counties, including 132 miles of shoreline.[4] However, as vast as those numbers might seem, it is imperative that we understand and manage our freshwater at the watershed level to properly care for East Bay and the source of our tap water. A Watershed is defined as an area of land that drains all the streams and rainfall into a common outlet.[5]Watershed protection is critical to the long-term health of East Bay because the majority of East Bay’s water comes from tributaries throughout the watershed, including 180 billion gallons of water per year from the Elk Rapids Chain of Lakes.[6]

    Fortunately, The Watershed Center Grand Traverse Bay and other organizations in the Northern Michigan area implemented a Grand Traverse Bay Watershed Protection plan in 2003.[7] The Protection Plan sets six broad goals that range from protecting the integrity of aquatic and terrestrial ecosystems within the watershed to improving the quality of water resources within Grand Traverse Bay and its watershed.[8] In addition, the 2003 Watershed Protection Plan has resulted in more than $7 million worth of watershed management projects, and has “prevented more than 16,230 tons of sediment, 9300 lbs. of phosphorous and 14,940 lbs. of nitrogen from entering the Grand Traverse Bay and its watershed.”[9]

    What Can You Do?

    This community-driven Watershed Protection Plan plays a crucial role in our management of East Bay, helping protect against issues such as invasive species, storm water run-off, and wetland protection. The Watershed Protection Plan from 2003 is currently being updated with citizen input by the Watershed Center. Although the Watershed Center’s community meetings regarding the new protection plan have already occurred, the Watershed Center is still accepting public input until July 31st through a public survey.

    Julius Moss, Legal Intern

    I encourage everyone to take a few minutes this weekend, reflect on the importance of water in our area, and share your ideas and concerns with the Watershed Center. We are fortunate to have an abundance of freshwater around us, we must continue to protect our valuable resource and together as a community prepare for the future of East Bay, the Grand Traverse Watershed, and our tap water.


    [1] See http://www.traversecitymi.gov/watertreatmentpl.asp

    [2] See http://www.traversecitymi.gov/watersource.asp

    [3] Id.

    [4] See https://www.gtbay.org/about-us/watershed/

    [5] See https://water.usgs.gov/edu/watershed.html

    [6] Id.

    [7]  The Watershed Center Grand Traverse Bay, Grand Traverse Bay Watershed Protection Plan, Dec. 2003, https://www.gtbay.org/resources/watershed-protection-plan/.

    [8] Id.

    [9] See https://www.gtbay.org/about-us/achievements/

    Embracing a New Water Ethic

    In 1949, renowned conservationist and fellow Midwesterner Aldo Leopold wrote about a land ethic in a seminal piece published in his classic, A Sand County Almanac. He wrote: “We abuse land because we regard it as a commodity belonging to us. When we see land as a community to which we belong, we may begin to use it with love and respect.”

    These powerful words stir deep meaning as we contemplate the future of water in this century and tackle the growing global water crisis. According to MIT researchers, some 52 percent of the world’s projected 9.7 billion people will live in water-stressed regions by 2050. These statistics are hard to fathom and may seem a long time away. However, one thing is clear. The climate is changing as we witness unprecedented severe weather events within our own borders from successive powerful hurricanes to bomb cyclones to long-term droughts to massive flooding. And our century-plus-old water infrastructure systems are taking a beating.

    This brings me to my main point. When it comes to the future of water, there is one thing on which we all can agree: all humans need access to clean, safe, affordable drinking water.  

    So how do we get there? How do we embrace a new water ethic that values water above all else? These are the vitally important questions that we as citizens of the Great Lakes must ask ourselves because we are stewards of 20 percent of the planet’s fresh surface water.

    As a first step, let’s take stock of the numerous wake-up calls here in the Great Lakes over the last three years. Top of mind is Flint’s horrific lead crisis, Detroit’s ongoing water shutoffs, Toledo’s toxic algae water emergency, and growing cases of legacy groundwater contamination sites across the region (e.g., Wolverine). What all of these avoidable tragedies have in common is our collective failure to safeguard our drinking water sources. We can no longer afford to have a relationship with water where we treat it as a commodity or industrial dumping ground. Time has run out.

    Logically, a water-rich region like the Great Lakes would have a deeply ingrained water ethic. On the other hand, maybe it’s the very fact that we have so much that causes us to take water for granted. Nevertheless, the moment has come for us to embrace a new water ethic; one that places water at the center of all decisions about food, energy, land-use, transportation, and community.

    Liz Kirkwood,        Executive Director

    As Leopold explains, “All ethics so far evolved rest upon a single premise: that the individual is a member of a community of interdependent parts. The land ethic simply enlarges the boundaries of the community to include soils, waters, plants and animals, or collectively the land.”

    This must be our resolve going forward if we are serious about protecting these majestic waters.  

     


    Drinking Water and a Forgotten Tragedy

    Fort Gratiot County Park north of Port Huron bustles for a little more than three months of the year, from Memorial Day to Labor Day.  Large groups occupy the gazebos, families snatch up all the picnic tables, teens play Frisbee in the sand while kids rule a small playground, and the smell of cooking meat is inescapable.  These are all fairly typical of Great Lakes shoreline parks.

    What distinguishes the park is a memorial.  It commemorates not a politician or general but 22 men who died for water, Lake Huron water specifically. While honoring the dead, it expresses ambivalence inherent in the fulfillment of an institutional dream that has unintended consequences.

    The project that took the lives of the 22 men on December 11, 1971 had been a dream of the Detroit water department since the late 1800s.  The water supplied by the utility’s intake in the Detroit River was adequate to meet the city’s needs, but even then, there was thought of population growth to the north.  That would require more water.  By virtue of both proximity and quality, Lake Huron was the choice for the new water source. A point five miles offshore from what is now the county park was chosen for the intake.

    The memorial consists of three features:  a plaza of bricks etched with the names of the loved ones who perished in the disaster and other individuals and groups who purchased and contributed them; the statue of a symbolic project worker; and a state historical marker.  The last is especially noteworthy.  It is literally two-faced. The two sides of the marker could not be more different in tone.

    One side stresses the tragic human losses and the terrible power of the explosion: “… [A] shotgun-like blast claimed the lives of twenty-two men working on a water intake tunnel beneath the bed of Lake Huron. A pocket of methane trapped within a layer of ancient Antrim shale fueled the explosion.  An exhaustive inquiry determined that drilling for a vertical ventilation shaft from the lake’s surface had released the trapped gas…The blast created a shock wave with a speed of 4,000 miles an hour and a force of 15,000 pounds per square inch. Witnesses reported seeing debris fly 200 feet in the air from the tunnel’s entrance.”

    The other side emphasizes the project itself as a triumph of humankind: “In 1968, to serve the water needs of a growing population, the Detroit Metro Water Department began work on the Lake Huron Water Supply Project. This massive feat involved erecting a submerged intake crib connected to a six-mile intake tunnel beneath Lake Huron. The mechanical mole that dug the 16-foot wide tunnel bored through the bedrock beneath the lake at a rate of 150 feet a day. The project excavated more than one billion pounds of rock. The water treatment plant pumped clean water into an 82-mile system of water mains supplying Detroit and Flint. When finished in 1973, the $123 million system boasted a capacity of 400 million gallons a day.”

    One has to wonder whether this mentality was partially culpable.  Pride in a monumental public works project may have promoted hubris, or contributed to denial by the managers if someone pointed out the danger.  Carelessness or ignorance may also have been to blame.  Whatever the cause, 22 people tragically lost their lives in the public service of providing clean drinking water.

    Natural forces always surprise us, be they large lakes or ancient methane.