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SHORT TERM AGREEMENT BETWEEN THE CITY OF MUSKEGON
AND THE CITY OF MUSKEGON HEIGHTS FOR PROVIDING NECESSARY
SERVICES IN COMPLIANCE WITH THE MICHIGAN SAFE DRINKING
WATER ACT IN THE OPERATING OF BOTH ITS WATER FILTRATION
PLANT AND DISTRIBUTION SYSTEM
THE AGREEMENT made this ~tt{_ day of ~ - 1 ,~[l;>;).between the City of Muskegon,
a Municipal Corporation, located at 933 Terrace Street, Muskegon, Michigan 49443-0536 (hereinafter
referred to as "Muskegon") and the City of Muskegon Heights, a Municipal Corporation, located at 2724
Peck Street, Muskegon Heights, Michigan 49444 (hereinafter referred to as "Muskegon Heights").
Both Muskegon and Muskegon Heights are located within the County of Muskegon, State of
Michigan.
RECITALS
A. Muskegon Heights operates a water filtration plant and distribution system through which it
provides water services to the residents of the City of Muskegon Heights.
B. Muskegon Heights is currently or soon to be without a full-time operating in charge with
appropriate licenses to operate its water filtration plant and distribution system.
C. Muskegon Heights received a 2022 Water System Sanitary Survey from the Michigan
Department of Environment, Great Lakes, and Energy ("EGLE") dated April 25, 2022, which is attached
as Exhibit A.
D. In addition to the departure of the Muskegon Height's "Operator in Charge", it is anticipated
that three water filtration plant operators will be leaving the employment of Muskegon Heights in late 2022
or early 2023.
E. Muskegon and Muskegon Heights desire to enter into a short-term agreement whereby the
Muskegon will assist Muskegon Heights in providing the necessary services in compliance with the
requirements of the Michigan Safe Drinking Water Act (Act 399 P.A. 1976, as amended) in the operating
of both its water filtration plant and its distribution system.
F. It is the intent of the parties to this Agreement to satisfy the "Operator in Charge" requirement
of the statute.
G. In consideration of the matters described above and of the mutual benefits set fo1ih in this
Agreement, the patties agree as follows:
Section 1 Recitals
The parties agree that the Recitals provided above are true and correct and are incorporated into the
body of this Agreement. Muskegon Heights fmiher warrants that there are no other deficiencies, either as
a legal matter or as an operational matter, than those aiiiculated in the EGLE letter of April 25, 2022.
Section 2, Short-Term Assistance as Operation in Charge of the Muskegon Heights Water
Filtration Plant and Distribution System
Muskegon shall serve as the Operator in Charge of the Muskegon Heights Water Filtration Plant
and Distribution System. During the term of this Agreement, compliance with the Michigan Safe Drinking
Water Act (Act 399 P.A. 1976, as amended) shall be accomplished as detailed below:
Section 3 Services Provided by Muskegon
A. Muskegon shall assign and make available an F-1 Certified Muskegon employee to visit the
Muskegon Heights plant (MHP) on a daily basis, Monday through Friday (except for holidays as designated
by Muskegon). This individual will perform the following tasks at minimum:
1. Spend a minimum of one (1) hour per day at the plant.
2. Develop, complete and endorse any and all required Michigan Depaitment of
Environment, Great Lakes and Energy (MDEGLE) reports.
3. Review payroll reports if requested by Muskegon Heights.
4. Review and assign duties to staff if requested by Muskegon Heights. Except when
requested by MDEGLE, the individual will assign tasks to meet MDEGLE
requirements.
5. Meet with Muskegon Heights staff on an as needed basis.
6. Represent Muskegon Heights in meetings on an as needed or requested basis.
B. If requested by Muskegon Heights, assign and make available an S-2 Certified Muskegon
employee to visit the MuskegonHeights pistribution offices on an as needed basis, but no less than two (2)
days per week, Monday through Friday (except for holidays as designated by Muskegon). This individual
will perform the following tasks at a minimum if an S-2 is needed:
1. Spend a minimum of one (1) hour per day at either the Muskegon Heights City
Hall, maintenance building or the plant, location to be determined by Muskegon
Heights.
2. Develop and complete and endorse any and all required MDEGLE repo1ts.
3. Review payroll reports if requested by Muskegon Heights.
4. Review and assign duties to staff if requested by Muskegon Heights. Except when
requested by MDEGLE, the individual will assign tasks to meet MDEGLE
requirements.
5. Meet with Muskegon Heights Distribution staff on an as needed basis.
6. Represent Muskegon Heights in meetings on an as needed or requested basis.
C. Muskegon shall have no obligation to provide water plant operators, that being the sole
responsibility of Muskegon Heights.
Section 4 City of Muskegon Heights Responsibilities
A. Designate one (1) individual to serve as the foreman through whom the City of Muskegon
representative will disseminate information and tasks related to Muskegon Heights' Water Plant.
B. Designate one (1) individual to serve as the foreman through whom the City representative will
disseminate information and tasks related to the Muskegon Heights distribution system.
C. Muskegon Heights shall deliver a staff plan and a training plan for the operation of Muskegon
Heights water filtration plant to Muskegon's Deputy Director of Public Works for Muskegon by December
31, 2022. If Muskegon finds the staff plan and/or the training plan are inadequate in its sole discretion,
Muskegon Heights shall revise the staffing plan and/or training plan to satisfy Muskegon's concerns.
Muskegon Heights shall implement the staffing plan and training plan by a schedule acceptable to
Muskegon and EGLE.
D. EGLE notified Muskegon Heights of eight "Deficiencies" by way of letter dated April 22,
2022. Muskegon Heights shall provide Muskegon, by December 31, 2022, written confirmation as to which
"Deficiencies" have been resolved. As to the remaining "Deficiencies", Muskegon Heights shall provide
to Mushlgon, by January 15, 2023, a written plan for resolving the, remaining "Deficiencies" and shall
resolve all of the "Deficiencies" by a date acceptable to Muskegon and EGLE. As deficiencies are satisfied
by Muskegon Heights, Muskegon Heights shall notify Muskegon and Muskegon Heights shall insure that
Muskegon is notified of EGLE's response.
E. EGLE notified Muskegon Heights of five "Required Actions" by way of letter dated April 22,
2022. Muskegon Heights shall provide Muskegon, by December 31, 2022, written confirmation as to which
"Required Actions" has been resolved. As to the remaining "Required Actions", Muskegon Heights shall
provide to Muskegon, by January 15, 2023, a written plan for resolving the five "Required Actions" and
shall resolve all of the "Required Actions" by a date acceptable to Muskegon and EGLE. As "Required
Actions" are satisfied by Muskegon Heights, Muskegon Heights shall notify Muskegon and Muskegon
Heights shall insure that Muskegon is notified of EGLE's response.
F. EGLE notified Muskegon Heights of seven "Recommendations" by way of letter dated April
22, 2022. Muskegon Heights shall provide Muskegon, by December 31, 2022, written confirmation as to
which "Recommendations" have been resolved. As to the remaining "Recommendations", Muskegon
Heights shall provide to Muskegon by January 15, 2023 a written plan for resolving the seven
"Recommendations' and shall resolve all of the "Recommendations" by a date acceptable to Muskegon and
EGLE. As "Recommendations" are satisfied by Muskegon Heights, Muskegon Heights shall notify
Muskegon and Muskegon Heights shall insure that Muskegon is notified of EGLE's response.
Section 5 Relationship Between the Parties
Muskegon shall perform and provide services under this Agreement as an independent contractor
and the individual or individuals designated by Muskegon shall remain for all purposes employees of
Muskegon. Muskegon understands that it will remain responsible for any and all wages and benefits due to
said employee. That employee shall not be entitled to any benefits from Muskegon Heights, including, but
not limited to vacation leave, sick leave, health insurance, disability insurance, unemployment insurance,
and workers' compensation benefits.
Section 6 Assignment
Muskegon shall not assign any of its rights nor transfer any of its obligations under this Agreement
without the prior written consent of Muskegon Heights and any attempt to so assign or so transfer without
such consent shall be void and without legal effect and shall constitute grounds for termination.
Section 7 Severability
If any one or more of the provisions contained herein shall for any reason be held to be invalid,
illegal or unenforceable in any respect, then such provision or provisions shall be deemed severable from
the remaining provisions hereof, and such invalidity, illegality or unenforceability shall not affect any other
provision hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable p:i;ovision
and never been contained herein.
Section 8 Notice
Notices shall be given by personal service, fax, e-mail, or United States pre-paid postage for first
class, registered or certified mail. Notices of termination shall be sent as follows:
To: Muskegon To Muskegon Heights
-,
933 Terrace Street 2724 Peck Street
Muskegon,MI49440 Muskegon Heights, MI 49444
Attn: City Manager Attn: City Manager
Section 9 Entire Agreement and Amendment
In conjunction with the matters considered herein, this Agreement contains the entire understanding
and agreement of the patties and there have been no promises, representations, agreements, warranties, or
undertakings by any of the patties, either oral or written, of any character or nature hereafter binding except
as set forth herein. This Agreement may be altered, amended, or modified only by an instrument in writing,
executed by the patties to this Agreement and by no other means. Each patty waives their future right to
claim, contest or asse1t that this Agreement was modified, canceled, superseded, or changed by any oral
agreements, course of conduct waiver or estoppel.
Section 10 No Third-Party Beneficiary
No person dealing with Muskegon Heights or Muskegon shall be, nor shall any of them be deemed
to be, third-patty beneficiaries of this Agreement. This Agreement is not intended to, nor shall it be
interpreted to create a special relationship between Muskegon Heights or Muskegon and any staff, visitors,
residents, or other individuals who may have business through Muskegon Heights.
Section 11 Insurance and Waiver of Claims
By December 31, 2022, Muskegon Heights will submit to Muskegon a Certificate of Insurance
certifying that for the period covered by this Agreement, Muskegon Heights carries and has added
Muskegon to the following insurance policies:
A. Worker's compensation insurance including Employer's Liability Coverage in accordance with
all applicable statutes of the State of Michigan.
B. General Liability insurance, including a Broad Form General Liability Endorsement or
equivalent, with minimum aggregate limits of $500,000 to protect the Subrecipient against claims for
damage to propetty of others or for injury to or death of one more than one person due to accidents which
may occur or result from the Subrecipient's performance under this Agreement.
C. Motor vehicle liability insurance including Michigan No-Fault Coverage, with limits of
Liability not less than $100,000 per occurrence for personal injury and for property damage. Coverage
shall include all owned vehicles, all non-owned vehicles, and all hired vehicles.
D. Any and all additional insurance required by the laws of the State of Michigan.
The insurance certificates required under this Agreement shall name Muskegon as an additional
insured patty and shall obligate the insurer to provide a defense against all claims brought against the City
by virtue of this Agreement. Documentation shall include evidence of coverage as it applies to the specific
delivery of services as outlined by the Agreement herein. The certificate shall provide that they cannot be
canceled or modified without fifteen ( 15) days advance written notice to the City by the insurance company.
Should the insurer refuse to provide the City with a defense, Muskegon Heights at its own expense
shall provide the City with a defense.
Muskegon Heights, further, waives any and all claims it may have, now or in the future, as against
Muskegon and any Muskegon employees operating pursuant to this Agreement.
Section 12 Terms and Conditions
The terms and conditions used in this Agreement shall be given their common and ordinary
definition and will not be construed against either party.
Section 13 Execution of Counterparts
This Agreement may be executed in any number of counterparts and each such counterpatis shall
for all purposes be deemed to be an original; and all such counterpatis, or as many of them as the parties
shall preserve undestroyed, shall together constitute one and the same instrument.
Section 14 Authority
All parties to this Agreement warrant and represent that they have the power and authority to enter
into this Agreement in the names, titles, and capacities herein stated and on behalf of any entities, person,
or firms represented or purpo1ied to be represented by such entity(ies), person(s), or firm(s) and that all
formal requirements necessary or required by any State and/or Federal law in order to enter into this
Agreement have been fully complied with.
Section15 Term
This Agreement shall continue until terminated by either party upon 14 days-notice, but in no event
shall it continue beyond July 1, 2023.
Section 16 Compensation
Services provided by Muskegon to Muskegon Heights shall be billed on the basis of One Hundred
and 00/100 ($100.00) Dollars per hour should the services be available through frontline (non-supervisory
staff) and on the basis of One Hundred Twenty and 00/100 ($120.00) Dollars per hour should it be necessary
to utilize supervisory staff to provide the noted services. This will include travel costs within the corporate
limits of the City of Muskegon Heights and/or its filtration plant located in the corporate limits of the City
ofN01ion Shores. If additional travel outside the corporate limits of the City of Muskegon Heights or the
City of Norton Shores is necessary to meet MDEGLE requirements and/or is requested by Muskegon
Heights, mileage will be billed at the prevailing IRS ra~e.
Muskegon shall bill Muskegon Heights on a monthly basis. Muskegon Heights shall pay the
invoices within fifteen (15) days of receipt.
In Witness Whereof the patiies have executed this Agreement in their respective cities.
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STATE OF MICHIGAN
DEPARTMENT OF
ENVIRONMENT, GREAT LAKES, AND ENERGY
LANSING DISTRICT OFFICE
E L
GRETCHEN WHITMER LIESL EICHLER CLARK
GOVERNOR DIRECTOR
April 25, 2022
Troy Bell
City of Muskegon Heights WSSN: 04580
2724 Peck Street County: Muskegon
Muskegon Heights, Michigan 49444
Dear Troy Bell:
SUBJECT: City of Muskegon Heights (City)
2022 Water System Sanitary Survey (Survey)
This letter confirms the Department of Environment, Great Lakes, and Energy's (EGLE)
staff meetings with John Allen on March 14 and 30, 2022, to conduct a Survey of the
City's water system, and to present the final findings, discuss areas for improvement,
and identify timelines for corrective action where appropriate. The purpose of a Survey
is to evaluate the water supply system with respect to the requirements of the Michigan
Safe Drinking Water Act, 1976 PA 399, as amended (Act 399). It is also an opportunity
to update EGLE's records, provide technical assistance, and identify potential risks that
may adversely affect drinking water quality. Enclosed, is a copy of the Sanitary Survey
Report for your reference. ·
Since the last Survey, EGLE acknowledges and appreciates that the City has
completed the following water system improvements:
1. Fixed drainage issues near the flocculation and sedimentation basins that were
identified in previous Surveys.
2. Completed meter replacement project and verified service material entering all
homes.
3. Initiated a lead service line replacement and materials inventory program.
4. Received a drinking water revolving fund (DWRF) loan for lead service line
replacement (LSLR), watermain replacement, and transmission main upgrade
projects.
5. Completed a rate increase to allow for acceptance of the DWRF loan.
The following table summarizes EGLE's final findings from the Survey of the water
system:
CONSTITUTION HALL• 525 WEST ALLEGAN STREET• P.O. BOX 30242 • LANSING, MICHIGAN 48909-7742
Michigan.gov/EGLE• 517-284-6651
Troy Bell 2 April 25, 2022
Survey Element Findings
Source Recommendations Made
Treatment Recommendations Made
Distribution System Deficiency Identified
Finished Water Storage Deficiencies Identified
Pumps Recommendations Made
Monitoring & Reporting Deficiencies Identified
Management & Operations Deficiencies Identified
Operator Compliance Required Actions Identified
Security Deficiency Identified
Financial Deficiency Identified
Other No deficiencies/recommendations
Deficiencies: •
Deficiencies indicate non-compliance with one or more Act 399 requirements, which
include defects in a water system's infrastructure, design, operation, maintenance, or
management that cause, or may cause, interruptions to the "multiple barrier" protection
system and adversely affect the system's ability to produce safe and reliable drinking
water in adequate quantities.
During the Survey, eight deficiencies were identified and are listed below:
1. R 325.11905 requires the City to have an operator in charge (OIC) of the
distribution system with at least an S-2 license. Per EGLE's operations oversight
policy, the OIC must visit staff daily, be on call 24/7, and supervise and direct
staff responsible for daily operations. The full-time distribution OIC left City
employment last year and the position is currently being filled part time by John
Allen, who oversees daily operations at the water treatment plant (WTP) in
addition to other duties. Currently, the City is not meeting the distribution system
oversight requirements. The City needs to evaluate options for meeting this
requirement, such as a full-time distribution OIC, contract operator, etc. Please
indicate how the City will satisfy this requirement in the Survey response letter
and submit an operator designation form to EGLE for our records.
2. R 325.10720 requires the monitoring of turbidity and the proper calibration of
turbidimeters. United States Environmental Protection Agency (U.S. EPA)
guidance dictates that turbidimeters must be calibrated (or must have the
calibration verified) at least quarterly using an approved procedure. The City's
current calibration procedure for online turbidimeters uses a calibration kit with a
small glass cuvette inserted. This does not meet EGLE requirements. Quarterly
calibrations or verifications must be completed under identical optical conditions
as when the instrument is in operation. Additionally, the City could not produce
Troy Bell 3 April 25, 2022
2022 records of quarterly calibrations for the benchtop or online turbidimeters.
The City must begin using an approved procedure for online turbidimeter
calibration or verification that involves filling the instrument body with primary
standard and start maintaining all calib.ration records by May 31, 2022.
3. R 325.10720(3) requires continuous monitoring for residual disinfectant at an
entry point to the distribution system (EPTDS) on a continual basis and requires
the daily minimum to be recorded. EGLE was informed during the Survey call on
March 14, 2022, that the chlorine analyzer at the City's EPTDS had been offline
since January 2022. EGLE staff confirmed the chlorine analyzer was operational
during an in-person inspection on March 30, 2022. However, there is still a
communication issue between the chlorine analyzer and the SCADA system,
resulting in the SCADA system reporting inaccurately scaled values. The City
must ensure the SCADA system is reporting the true measured chlorine residual
by May 31, 2022. In addition, a standard operating procedure (SOP) for
maintenance and verification of the instrument must be developed and
implemented.
4. R 325.11112(c) states storage tanks shall have no unprotected openings. Per
Ten States Standards, 7.0.7, overflows shall be fitted with twenty-four
non-corrodible mesh screens, discharge 12 to 24 inches above the ground
surface, and not be directly connected to any drain, sanitary sewer, or storm
sewer. Overflow pipes are required to terminate above ground to prevent a cross
connection, allow for observance of an overflow event, and more easily confirm I I
there is not an obstruction in the overflow piping. Per 7.0.9, tank vents shall be
fitted with twenty-four non-corrodible mesh screens and elevated tank vents shall
open downward. During the Survey, the following items were observed:
a. The WTP reservoir overflows consist of a weir that is piped underground to a
sewer manhole that then discharges to the on-site lagoon. Size 24 mesh
must be installed on the overflow discharge and the pipe between the weir
and manhole must be verified to be free flowing on a regular schedule
through a method proposed by the City.
b. The Sherman reservoir had undersized vent screens. The Sherman reservoir
overflow consists of a weir that flows to a pipe underground and discharges
into a chamber that feeds a sanitary sewer. The overflow pipe had a flapper
valve that was observed to be partially open and missing a screen. Size 24
mesh must be installed on the vents and overflow pipe. The flapper valve
must be flush with the overflow pipe to prevent animals from entering the
reservoir and the condition of the valve position verified periodically.
Additionally, please propose a method for the reservoir overflow to conform
with section 7.0.7 of Ten States Standards.
c. The Getty elevated tank rooftop wet interior access hatch is extended with
approximately 20 inches of coarse mesh wall, which can allow rain and
contaminants to enter the tank. The extended mesh venting on the wet
Troy Bell 4 April 25, 2022
interior access hatch must be removed and replaced with an overlapping lid
and watertight gasket. Additionally, the status of the overflow flapper valve
and screen must be confirmed, and any needed correction made.
Please submit a corrective action plan and schedule with the Survey response letter
to address these findings.
5. R 325.12303 states that emergency response plans (ERP) at a minimum, shall
outline a program for rapid correction or mitigation of emergencies. The current
ERP consists of a list of outdated contacts and does not include any SOPs for
correction or mitigation of any emergencies, such as watermain breaks or source
water contamination. The City must update their ERP to include all elements as
outlined in Rule 2303 by July 31, 2022. Enclosed is a template for your use.
As a reminder, the U.S. EPA required the City to complete a Risk and Resiliency
Assessment (RRA) and an ERP update as part of the 2018 Am~rica's Water
Infrastructure Act (AWIA) requirements. Certification that both items are complete
must be submitted to the U.S. EPA. The RRA certification was due on June 30,
2021, and the ERP certification was due on December 31, 2021. Contact the
U.S. EPA at dwresilience@epa.gov for more information on AWIA requirements ..
6. R 325.11403 prohibits cross connections for all customer classes, including
residential customers. The City has implemented a commercial cross connection
control program and performs opportuni~tic inspections of residential customers
when access is granted to the residence. Implementation of this program must
be expanded to all residential customers to provide a complete inventory of cross
connection devices. The City must submit an implementation plan by June 30,
2022, for a fully expanded residential cross connection control and inspection
program. The City must submit updates to cross connection program efforts by
March 31, 2023, and March 31, 2024, which may be submitted as part of the
cross connection annual report to help evaluate progress toward resolving this
deficiency.
7. R 325.11203 states that a water supply shall conduct a reliability study (Study) to
determine.the quantity of water needed for the waterworks system and shall
update the Study every five years unless a waiver is requested and approved by
EGLE. The City's last Study was completed in 2015 and is due for an update.
Please submit an updated Study by October 31, 2022. If the City plans to pursue
a waiver, please provide a written request with water demand data to support the
request.
8. R 325.11606 outlines the required components of Asset Management Programs
(AMP): inventory of assets, methods used to determine the asset criticality and
consequence of failure, level of service goals, a capital improvements plan (CIP)
that identifies system needs for 5 and 20-year planning periods, and an
explanation of the funding structure and rate methodology that provides sufficient
Troy Bell 5 April 25, 2022
resources to implement the AMP program. EGLE reviewed the City's AMP,
received on February 28, 2018, and found the AMP did not meet requirements or
provide an explanation of the funding structure. EGLE also reviewed water
system budgets and the 7-year CIP to assess the City's finan~ial capacity.
EGLE observed that the CIP and budget do not include all water system needs,
such as replacement of undersized watermain and lead service lines.
To return to compliance, the City must complete an AMP that is reflective of water
system needs and include a comprehensive rate study in the rate methodology
section. It is EGLE's understanding that the updated AMP will be completed with
grant funds. Please provide an updated AMP by October 31, 2022.
Required Actions:
During the Survey, the following required actions were identified:
1. The City has a complex water treatment and distribution system with aging
infrastructure requiring qualified oversight. During the Survey, it was discussed
that two out of three plant operators are expected to retire on January 1, 2023,
and the certified OIC, the utilities director, may retire in the coming years as well.
The distribution system has historically been understaffed and the full-time
distribution OIC left City employment last year. Due to the loss of experienced
water system staff, EGLE is concerned the City may not possess the managerial
or technical capacity to oversee water system operations. Therefore, the City
must submit a staffing plan that includes an evaluation of staffing needs,
organizational chart, and efforts to recruit and retain operators with higher
licenses by August 31, 2022. In addition to supporting staff training and
licensure, written SOPs can ease future transition of leadership. SOPs must be
developed for the following areas by December 31, 2022:
a. Pump Maintenance.
b. Sherman Street pump operation.
c. Storage management and high service pump station rotation.
d. Intake maintenance including backwash.
e. Chemical pump calibration.
f. Turbidimeter calibration.
g. Emergency power operation.
h. Interconnect use.
i. Chemical delivery procedure.
j. Bypassing storage tanks.
2. The Concentration of Chlorine x Time of Contact (CT) must be calculated daily
and reported on the Monthly Operation Report (MOR), effective August 10, 2022.
Reporting daily CT on the MOR allows EGLE staff to verify CT requirements are
met and is used as a tool to ensure operators are aware of proper disinfection.
The City reports the residence time in the flocculation basins, sedimentation
Troy Bell 6 April 25, 2022
basins, and the WTP reservoirs on the MOR, but does not account for short
circuiting or complete a daily CT calculation. A summary of EGLE's CT
calculation and example CT calculator will be provided to the City for reference.
3. R 325.10604f(6) requires full replacement of lead service lines (LS Ls) and
galvanized services if the service line is or was connected to lead piping. Please
continue to pursue replacement of all LSLs. Additionally, R 325.11604(c)(vii)
requires the City to provide an annual report on LSLR efforts. The report for the
2021 calendar year is due April 30, 2022.
4. R 325.11604(c)(ii) requires a complete distribution system materials inventory to
be submitted to EGLE by January 1, 2025. Please ensure that ongoing
verification efforts are sufficient to meet this deadline.
5. Isolation valves in the distribution system are necessary to minimize interruptions
in service and sanitary hazards during construction or repairs, per R 325.11108.
The City has a valve turning program that should result in the turning of each
valve every five years. However, due to staffing limitations, there has been
insufficient progress in the valve turning program in recent years, and the
program hasn't been updated in several years. The valve turning program must
be implemented. Please provide a program implementation plan by June 30,
2022, and an update on valve exercising activities by December 31, 2022.
Recommendations:
Recommendations are suggestions the public water supply should consider, to enhance
its operations and services, and to avoid future deficiencies.
During the Survey, the following recommendations were identified, additional
recommendations are included in an enclosure:
1. Per Ten States 5.1.11 (c) day tanks should hold no more than a 30-hour supply
based on average demand. Based on this, the current day tanks for alum,
chlorine, and fluoride are oversized, and should be resized accordingly.
2. Begin routinely using the Area Wide Optimization Program (AWOP) worksheet to
evaluate pretreatment and individual filter performance. Daily maximum raw,
settled, individual filter effluent, and filter confluence turbidity data is needed for
the AWOP worl
Sent: Thursday, July 28, 2022 8:28 AM
To: John C. Allen
Subject: RE: Survey Letter - City of Muskegon Heights
Thanks John, glad to hear it was adjusted. Can you provide any documentation/pictures to support this, so we can close
out the item?
Also, just a friendly reminder that we are still looking for information on the three other comments below in this email
thread.
Best,
Summer Haught
Environmental Engineer
Drinking Water and Environmental Health Division - Engineering Unit
Michigan Department of Environment, Great Lakes, and Energy
Lansing District Office
517-899-4962 I haughts@michigan.gov
Follow Us I Michigan.gov/EGLE
From: John C.Allen
Sent: Tuesday, July 19, 2022 1:11 PM
To: Haught, Summer (EGLE)
Subject: Re: Survey Letter - City of Muskegon Heights
CAUTION: This is an External email. Please send suspicious emails to abuse@michigan.gov
R325.10720(3} The chlorine analyzer has been adjusted to read properly on the SCADA system ..
From: Haught, Summer (EGLE)
Sent: Monday, July 18, 2022 3:20:30 PM
To: John C. Allen
Cc: Bates, Caitlin (EGLE)
Subject: RE: Survey Letter - City of Muskegon Heights
Hi John,
Thanks again for talking today on the phone. Here is the original email Caitlin sent regarding the survey response letter
we received. As a reminder from our call, the comments still unresolved are as followed:
• For deficiency 1,we are looking for a written statement from you that explains the daily routine of the OIC, and
includes duration and oversight provided in the daily visits.
• For deficiency 2 and 3 we are looking for specific dates on when the items will be complete
• For deficiency 4 we discussed today that the overflow flapper valve does work- since it overflowed
recently. However, please verify this has a screen located inside the overflow pipe. In addition, please keep us in
the loop if you find out any additional information on potential welders.
1
• Required action 1: We discussed on the phone today that this may take some additional time, but we are still
looking for a statement from the city manager addressing the below items related to future staffing concerns.
Thanks again, and please reach out if you have any additional questions!
Best,
Summer Haught
Environmental Engineer
Drinking Water and Environmental Health Division - Engineering Unit
Michigan Department of Environment, Great Lakes, and Energy
Lansing District Office
517-899-4962 I haughts@michigan.gov
Follow Us I Michigan.gov/EGLE
From: John C. Allen
Sent: Wednesday, July 13, 2022 9:03 AM
To: Bates, Caitlin (EGLE)
Subject: Re: Survey Letter - City of Muskegon Heights
CAUTION: This is an External email. Please send suspicious emails to abuse@michigan.gov
From: Bates, Caitlin (EGLE)
Sent: Thursday, July 7, 2022 8:46:55 AM
To: John C. Allen; Troy L. Bell
Cc: Haught, Summer (EGLE)
Subject: RE: Survey Letter - City of Muskegon Heights
Hi John,
I wanted to check in on this, I haven't heard back about EGLE's comments below.
Thank you!
Caitlin Bates, P.E.
Surface Water Treatment Specialist
Drinking Water and Environmental Health Division
Department of Environment, Great Lakes, and Energy
517-262-6795 batesc7@michigan.gov
From: Bates, Caitlin (EGLE)
Sent: Tuesday, June 7, 2022 4:08 PM
To: John C.Allen; Troy L.Bell
Cc: Haught, Summer (EGLE) ; Bolf, Michael (EGLE)
Subject: RE: Survey Letter - City of Muskegon Heights
Hi John,
2
EGLE is in receipt of the survey response letter and has the following comments:
Deficiency #1- Thank you for the clarification that the Operator in Charge {Ole) makes daily visits to the water filtration
plant (WFP) and distribution operations. In order for EGLE to have sufficient documentation to resolve this deficiency,
please provide a written statement that explains the daily routine of the OIC, and includes duration and oversight
provided in the daily visits.
Deficiency #2 - Please clarify whether the on line turbidimeters have now been calibrated/verified using the wet method
and formazin standards?
Deficiency #3 - EGLE set a deadline in the survey letter of May 31, 2022, for the plant tap on line chlorine analyzer values
to match recorded values in SCADA, and this deadline has passed. What is the expected date for SCADA contractors to
be onsite?
Deficiency #4 - I am adding a deadline to our database for the WFP and Sherman reservoir vent screens to be replaced
by August 31, 2022. For the elevated tank hatch replacement, have tank inspection companies been able to provide
recommendations on welders able to complete the work? Were you able to verify the condition of the elevated tank
overflow flapper valve? If so, is the flapper in good condition and is there a screen located inside the overflow pipe? In
review of the survey response, a schedule for correction or observation of the Sherman and WFP reservoir overflows
was not discussed, please provide an update.
Deficiencies #5 through 8, Required Actions# 2 and 3 - Thank you for the updates, EGLE will follow up on these
deadlines as they approach. Any questions, please le~ us know.
Required Action #1- Thank you for the update. In addition to the SOP and staffing requirements outlined in the survey
findings letter, please address the following:
As the current OIC's position will be split into two positions once he retires, please provide a letter from the City
Manager that includes a plan for separating the positions, potential recruitment efforts, delineation of job duties, and
timeline/schedule for the job postings. With the OIC's extensive knowledge of the water system, it could be beneficial
to have the new hires overlap with the OIC's employment to allow for a smooth transition. If the City would like to
discuss operation oversight requirements with EGLE, please let me know and I can coordinate a conference call.
Required Actions #4 and 5, and recommendations #1 through 3, found on page 6 of the survey letter, were not included
in the City's response. Please provide a response to these items.
Thank you,
Caitlin Bates, P.E.
Surface Water Treatment Specialist
Drinking Water and Environmental Health Division
Department of Environment, Great Lakes, and Energy
517-262-6795 batesc7@michigan.gov
From: John C. Allen
Sent: Wednesday, May 25, 2022 11:07 AM
To: Haught, Summer (EGLE)
Cc: Bates, Caitlin (EGLE)
Subject: Re: Survey Letter - City of Muskegon Heights
CAUTION: This is an External email. Please send suspicious emails to abuse@michigan.gov
3
· From: Haught, Summer (EGLE)
Sent: Thursday, May 19, 2022 1:08:41 PM
To: John C. Allen
Cc: Bates, Caitlin (EGLE)
Subject: RE: Survey Letter - City of Muskegon Heights
Good Afternoon John,
I wanted to send a friendly reminder that the sanitary survey response letter is due within 30 days of the date of the
survey letter below, which will be May 25 1h, 2022. It does not look like we have received this from you yet. Please note
several deficiencies have action items tied to this as well.
Thank you and please let me know if you have any questions!
Summer Haught
Environmental Engineer
Drinking Water and Environmental Health Division - Engineering Unit
Michigan Department of Environment, Great Lakes, and Energy
Lansing District Office
517-899-4962 I haughts@michigan.gov
Follow Us I Michigan.gov/EGLE
From: Bates, Caitlin (EGLE)
Sent: Monday, April 25, 2022 3:15 PM
To: Troy L.Bell; John C.Allen
Cc: Haught, Summer (EGLE)
Subject: FW: Survey Letter - City of Muskegon Heights
Good afternoon,
Attached are the 2022 EGLE water system sanitary survey findings. Hard copies will follow in the mail soon. Thank you
John for all your help in conducting the survey! If you have any questions, please let me know.
Thanks,
Caitlin Bates, P.E.
Surface Water Treatment Specialist
Drinking Water and Environmental Health Division
Department of Environment, Great Lakes, and Energy
517-262-6795 batesc7@rnichigan.gov
From: Rennaker, Joanne (EGLE)
Sent: Monday, April 25, 2022 2:26 PM
To: Bolf, Michael (EGLE) ; Sarkipato, Ernest (EGLE)
Cc: Bates, Caitlin (EGLE) ; Haught, Summer (EGLE)
Subject: Survey Letter - City of Muskegon Heights
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Jo Anne Rennaker
Secretary
Drinking Water and Environmental Health Divisiion
Materials Management Division
517-930-0531
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