THIS DOCUMENT IS ONLY FOR SETTLEMENT DISCUSSIONS AND IS EXEMPT FROM

FOIA. IT CANNOT BE USED AS EVIDENCE IN COURT UNDER MRE 408.

STATE OF MICHIGAN
DEPARTMENT OF ENVIRONMENT, GREAT LAKES, AND ENERGY
DRINKING WATER AND ENVIRONMENTAL HEALTH DIVISION

In the matter of: DWEHD Order No: ACO-399-03-2024

Name:
Clyde D. Edwards, City Administrator
City of Flint
1101 South Saginaw Street
Flint, Michigan 48502
_____________________________/

ADMINISTRATIVE CONSENT ORDER

This document comes from accusations by a department in Michigan concerned with the
environment and drinking water safety. They're saying that the city of Flint, Michigan, has
broken the rules laid out in the Michigan Safe Drinking Water Act and related regulations.
Specifically, they're saying that Flint hasn't been meeting the standards for providing safe
drinking water, as outlined in state and federal laws. Flint is accused of violating these laws
because they're responsible for managing a water treatment system and distributing water to
residents. To settle these accusations without going to court, Flint and the environmental
department have agreed to this document, called an Administrative Consent Order.

I. STIPULATIONS
The City and EGLE stipulate as follows:
1.1 The SDWA includes requirements for providing safe and reliable public drinking
water.
1.2 The City owns and operates a Type I community public water supply in the city of
Flint, Michigan (Supply) that is identified by Water Supply Serial Number
(WSSN) 02310. The Supply is a community supply as defined by Section 2 of the
SDWA, MCL 325.1002.
THIS DOCUMENT IS ONLY FOR SETTLEMENT DISCUSSIONS AND IS EXEMPT FROM
FOIA. IT CANNOT BE USED AS EVIDENCE IN COURT UNDER MRE 408.
1.3 The City consents to the issuance and entry of this Consent Order and stipulates
that the entry of this Consent Order constitutes a final order of EGLE and is
enforceable as such under Section 15 of the SDWA, MCL 325.1015. The City
agrees not to contest the issuance of this Consent Order, and that the resolution of
this matter by the entry of this Consent Order is appropriate and acceptable. It is
also agreed that this Consent Order shall become effective on the date it is signed
by the director of EGLE, or delegate of the EGLE director.
1.4 The City and EGLE agree that the signing of this Consent Order is for settlement
purposes only and does not constitute an admission by the City that the law has
been violated.
1.5 The signatory to this Consent Order certifies that they are fully authorized by the
City to enter into the terms and conditions of this Consent Order and to execute
and legally bind the City to this document. The City hereby agrees to comply with
the requirements of this Consent Order to resolve the violations stated in Section
II of this Consent Order and agrees to achieve compliance with the SDWA by
fulfilling the terms of Section III of this Consent Order.

II. FINDINGS
2.1 On August 7, 2017, environmental department staff checked Flint's water system
to see if it met the rules of the Safe Drinking Water Act. Then, on August 11,
2017, they sent the city a notice pointing out big and small problems they found,
along with suggestions on how to fix them (see Attachment A).
2.2 Fast forward to October 22, 2018, when the environmental department issued an
official order to Flint, telling them to fix the major and minor issues identified in
the previous check-up (see Attachment B).
2.3 By December 17, 2018, Flint and the environmental department made a deal
called the Voluntary Agreement (see Attachment C), outlining deadlines for fixing
the problems identified in the October 2018 order.
2.4 Jump to November 12, 2020, when the environmental department did another
check on Flint's water system. Then, on January 6, 2021, they shared their
THIS DOCUMENT IS ONLY FOR SETTLEMENT DISCUSSIONS AND IS EXEMPT FROM
FOIA. IT CANNOT BE USED AS EVIDENCE IN COURT UNDER MRE 408.
findings with Flint, which included more problems and recommendations. Since
Flint was already working on the issues from the 2018 agreement, they didn't
make a new official agreement.
2.5 Finally, on November 6, 2023, the environmental department checked Flint's
water system again. They found more issues and, on December 13, 2023, they
sent Flint another notice detailing the problems and what needed to be done to fix
them (see Attachment E).
2.6 Both Flint and the environmental department think it's better to have a new
Consent Order instead of sticking with the old Voluntary Agreement. Once the
Consent Order kicks in, it will replace the Voluntary Agreement.

III. COMPLIANCE PROGRAM

IT IS THEREFORE AGREED AND ORDERED THAT the City shall take the following
actions to comply with and prevent further violations of the SDWA:
3.1 Cross Connection Control Program Implementation
a. By September 30, 2024, hire staff or contract professionals to start the
Cross Connection Control Program.
b. By November 30, 2024, Flint needs to send a plan to the environmental
department outlining how they'll put the Cross Connection Control
Program into action for all types of customers. This plan should include
details like how many water accounts each customer group has, how many
of them are considered high or low risk, and how often they'll be
inspected. Flint also needs to estimate how many people, how much time,
and what resources they'll need to make sure the inspections, paperwork,
and program management are all taken care of properly.
c. Starting from October 31, 2024, Flint should start getting monthly updates
ready for the environmental department about their Cross Connection
Control Program. These updates need to be sent no later than the tenth day
after the end of each month. Each report should include:
THIS DOCUMENT IS ONLY FOR SETTLEMENT DISCUSSIONS AND IS EXEMPT FROM
FOIA. IT CANNOT BE USED AS EVIDENCE IN COURT UNDER MRE 408.
• The number of inspections done for high-risk, low-risk, and other

categories.
• How many reports they've received about testing backflow
prevention assemblies.
• The number of letters they've sent out to notify about inspections
or testing.
• How many unprotected cross connections they've found.
• How many of these unprotected connections have been fixed.
• Any other important details or notes about how the program is
going.
3.2 Dort Reservoir and Booster Pumping Station (Pump Station 4)
a. By March 31, 2024, Flint must Complete the necessary improvements to
the Dort Pumping Station as specified in the construction permit ACT-
197225. After completion, the City must inform EGLE in writing within
14 days.
b. By June 30, 2024, Flint should Install either a removable plug or a 24-
mesh screen on the Dort Reservoir drain line. Additionally, create a
Standard Operating Procedure (SOP) to ensure that the Dort Reservoir
drain outlet chamber remains unobstructed and is not overwhelmed during
operation. After installation and SOP development, notify EGLE in
writing within 14 days.
3.3 Cedar Street Reservoir, Treatment System, and Booster Pumping Station
a. Within 18 months after the Dort Pumping Booster Station (Station 4)
meets all temperature and vibration standards, Flint must complete the
necessary upgrades to the Cedar Street reservoir, treatment system, and
booster pumping station. These upgrades were identified in the
environmental department's December 13, 2023, survey letter. The
required upgrades to the treatment system and booster pumping station
were authorized by SDWA construction permit ACT-261816, and the
required upgrades to the reservoir were authorized by SDWA
THIS DOCUMENT IS ONLY FOR SETTLEMENT DISCUSSIONS AND IS EXEMPT FROM
FOIA. IT CANNOT BE USED AS EVIDENCE IN COURT UNDER MRE 408.
construction permit ACT-263870. Flint should inform the
environmental department in writing within 14 days of completing
these upgrades.
b. Within 20 months after the Dort Pumping Booster Station (Station 4)
meets all temperature and vibration standards, Flint should put the
upgrades to the Cedar Street Reservoir, treatment system, and booster
pumping station into service. Within 14 days of putting these upgrades
into service, Flint must inform the environmental department in
writing. They should also inform the department within 14 days of
completing the required upgrades.
c. Within 20 months after the Dort Pumping Booster Station (Station 4)
meets all temperature and vibration standards, Flint should start
reporting to the environmental department the actual measured volume
of treatment chemicals added and the calculated chemical dosage at
the Cedar Street Reservoir in the monthly operating report.
3.4 Torrey Road Booster Pumping Station
a. By March 18, 2024, Flint must remove the risk of freezing for the
exterior piping and valves at the Torrey Road Booster Pumping
Station. They need to inform the environmental department in writing
within 14 days once this task is completed.
b. By December 31, 2024, Flint should conduct an evaluation to explore
options for upgrading or replacing the station. They must then provide
a copy of this evaluation to the environmental department.
c. By December 31, 2027, Flint must finish the necessary upgrades or
replacements for the station. Once these upgrades are completed, they
need to inform the environmental department in writing within 14
days.
3.5 Distribution System Valves
Not later than December 31, 2024, submit a valve report to EGLE. The report
shall identify critical valves (and the criteria used to classify them as critical) and
THIS DOCUMENT IS ONLY FOR SETTLEMENT DISCUSSIONS AND IS EXEMPT FROM
FOIA. IT CANNOT BE USED AS EVIDENCE IN COURT UNDER MRE 408.
confirm their location and accessibility. The report shall also include a routine
schedule of operation for critical valves and a repair or replacement schedule for
critical valves determined to be inoperable.
3.6 Recordkeeping
Not later than June 30, 2024, Flint must provide written documentation to the
environmental department confirming that they have obtained either the original
or copies of any missing records identified in the environmental department's
December 13, 2023, sanitary survey letter.
3.7 Bulk Chemical Storage
Not later than December 31, 2024, Flint must provide written documentation to
the environmental department confirming that bulk chemical storage tanks for
phosphoric acid, sodium hydroxide, and sodium hypochlorite are properly vented
to the outside atmosphere.
3.8 Northwest Transmission Main
Not later than November 30, 2026, Flint must finish the remaining sections of the
Northwest Transmission Main as outlined in the 2018 Arcadis Distribution
System Optimization Plan. Once completed, Flint must inform the environmental
department in writing within 14 days.
3.9 Hiring Positions
Not later than the dates specified below, Flint must hire individuals or execute
professional services contracts for the following positions prioritized in the 2018
Arcadis Distribution System Optimization Plan. Proof of hire or contract
agreement must be provided to the environmental department within 14 days. If
there are proposals to eliminate or consolidate any positions, Flint must explain
the rationale to the environmental department and obtain their agreement.
a. Cross Connection Program: (2 positions) by September 30, 2024.
b. Water Center Administrator: (1 position) by June 30, 2024. Flint
should update the Water Distribution Supervisor Position
Description by this date. The environmental department
acknowledges that the current Water Distribution System
THIS DOCUMENT IS ONLY FOR SETTLEMENT DISCUSSIONS AND IS EXEMPT FROM
FOIA. IT CANNOT BE USED AS EVIDENCE IN COURT UNDER MRE 408.
supervisor is currently fulfilling the requirements of this position
but requests an updated position description specifically tailored to
fulfill these requirements in case of staff turnover.
c. Customer Service Staff: (2 positions) by June 30, 2025.
d. Construction Inspector: (2 positions) by June 30, 2025.
e. Deputy Supervisor: (1 position) by June 30, 2025.
f. Water Distribution Valve Crew: (2 positions) by June 30, 2025.
g. Enterprise Asset Management Manager: (1 position) by June 30,
2026.
h. Geographic Information Systems Specialist/Hydraulic Modeler: (1
position) by June 30, 2026.
3.12 Standard Operating Procedures (SOP) Implementation
Not later than the dates specified below, Flint must implement the following
Standard Operating Procedures (SOPs):
a. SOP #351 Meter Inspection and Testing: by June 30, 2025.
b. SOP #421 Customer Complaint Tracking: by June 30, 2025, Flint should
provide the functions of the call center staff. Full implementation of SOP
#421 should be achieved by June 30, 2028.
c. SOP #431 Conventional Flushing for Water Turnover: by June 30, 2025.
d. SOP #432 Unidirectional Flushing: by June 30, 2027.
e. SOP #442 Water Age Management: by June 30, 2027.
f. SOP #443 Pressure Management: by June 30, 2027.
3.13 Demonstration of Sufficient Technical, Managerial, and Financial (TMF)
Capacity
Within 12 months from the effective date of this Consent Order, Flint must submit
an updated Asset Management Plan (AMP) and revised Capital Improvement Plan
(CIP) to the environmental department for review and approval. These plans
should include a financial structure that ensures sufficient funding to fully
implement the CIP and maintain the water system operations. The CIP must cover
all water mains that have reached or will reach the end of their service life by
THIS DOCUMENT IS ONLY FOR SETTLEMENT DISCUSSIONS AND IS EXEMPT FROM
FOIA. IT CANNOT BE USED AS EVIDENCE IN COURT UNDER MRE 408.
2044, among other things. If immediate implementation of the required rate and
financial structure is not feasible, Flint should provide a schedule for
implementation and propose solutions for addressing any revenue shortfalls.

IV. EGLE APPROVAL OF SUBMITTALS

For any work plan, proposal, or other document that the City must send to EGLE as part of this
Consent Order, there's a specific process and set of rules for EGLE to review and approve them,
except for permit or license applications.
4.1 Whenever the City needs to submit documents like work plans or proposals
according to this Consent Order, they must make sure these documents contain all
the necessary information as per the law and the requirements mentioned in this
order.
4.2 If EGLE (Environmental Great Lakes & Energy) doesn't approve a document
submitted by the City, they will let the City know in writing why it was rejected.
Then, the City has 60 days to send a revised version of the document that
addresses EGLE's concerns. If EGLE still doesn't find it acceptable, they will
inform the City again.
4.3 If EGLE approves changes to a document submitted by the City, they'll notify the
City about the required modifications and why they're needed. The City then has
to make those changes and submit the revised document within 60 days. If EGLE
still doesn't approve, they'll let the City know.
4.4 When EGLE approves or suggests changes to a work plan, proposal, or any other
document, it becomes part of this Consent Order. This means it's official and must
be followed as per the terms of this Consent Order.
4.5 If the City doesn't submit a document EGLE can approve within the given
timeframes, it breaks the rules of this Consent Order. This breach can lead to
penalties as outlined in Paragraph 9.3.
4.6 If the City's delay in submitting an acceptable document causes a hold-up, it
doesn't excuse them from meeting other deadlines in this Consent Order. They
still have to meet all the deadlines, even if they miss one.
THIS DOCUMENT IS ONLY FOR SETTLEMENT DISCUSSIONS AND IS EXEMPT FROM
FOIA. IT CANNOT BE USED AS EVIDENCE IN COURT UNDER MRE 408.
4.7 Just because EGLE gives advice or suggestions informally about reports or plans
doesn't mean the City doesn't need formal written approval as required by this
Consent Order. It's only official if it's in writing according to this Consent Order.

V. EXTENSIONS
5.1 Both the City and EGLE agree that EGLE can give the City more time to meet the
deadlines in this Consent Order. This extension won't be denied unreasonably. To
ask for an extension, the City needs to send a written request to EGLE's
Enforcement Unit at least ten business days before the deadline. The request must
include:
a. Which specific deadline(s) in this Consent Order will be missed.
b. A detailed explanation of why the City can't meet the deadline(s).
c. What steps the City has taken or plans to take to meet the deadline.
d. How long of an extension is needed and the new date the City will meet
the obligation.
EGLE's Engineering Section supervisor or a designated person, along with the Enforcement Unit
staff, will respond to these requests in writing. Any changes to this Consent Order must be
written by EGLE and, if necessary, signed by both parties

VI. REPORTING
6.1 If the City finds any breaches of this Consent Order, they must inform the
supervisor of EGLE's DWEHD Engineering Section by the end of the next
business day after discovering the violation(s). Within five business days, they
must also send a written report. This report should explain the violation(s) in
detail and outline any steps taken or planned to fix them. If the City expects to
breach the Consent Order, they should notify the supervisor mentioned above
before the relevant deadlines,
VII. RETENTION OF RECORDS
7.1 If EGLE asks, the City must provide all the records, plans, logs, and other
documents required by this Consent Order or the Safe Drinking Water Act
THIS DOCUMENT IS ONLY FOR SETTLEMENT DISCUSSIONS AND IS EXEMPT FROM
FOIA. IT CANNOT BE USED AS EVIDENCE IN COURT UNDER MRE 408.
(SDWA). The City needs to keep these documents for at least three years from
when they were made, unless the SDWA requires keeping them longer.

VIII. RIGHT OF ENTRY

8.1 The City must allow EGLE's authorized representatives or contractors to enter the
Supply premises whenever needed to ensure compliance with this Consent Order.
This doesn't prevent EGLE from conducting tests and inspections permitted by
the Safe Drinking Water Act or any other law.

IX. PENALTIES
9.1 If the City doesn't comply with any part of Section III of this Consent Order, they
have to pay a fine of $5,000 for each violation. If they haven't fixed the issue
within 30 days of the original deadline, additional fines apply: $200 per day for
the first 1-7 days of violation, $300 per day for 8-14 days, and $500 per day
thereafter. Payments must be made as explained in Paragraph 9.5.
9.2 If the City doesn't follow any other part of this Consent Order, they face fines of
$200 per day for 1-7 days of violation, $300 per day for 8-14 days, and $500 per
day thereafter. Payments must be made as outlined in Paragraph 9.3.
9.3 The City has to pay all fines within 30 days of receiving the demand for payment
from EGLE. The payment must be made by check to the State of Michigan and
sent to EGLE's Cashier's Office. To ensure proper credit, the Payment
Identification Number RMD90037 must be included with the payment.
9.4 The City agrees not to dispute the legality of fines imposed under Paragraphs 9.1
or 9.2 but can challenge the factual basis for EGLE's demand for fines.
9.5 EGLE can charge interest on any unpaid fines. EGLE can also waive fines and
interest at its discretion. The interest rate is based on the rate set forth at MCL
600.6013(8), calculated from the due date until the payment is made in full.
THIS DOCUMENT IS ONLY FOR SETTLEMENT DISCUSSIONS AND IS EXEMPT FROM
FOIA. IT CANNOT BE USED AS EVIDENCE IN COURT UNDER MRE 408.

X. FORCE MAJEURE
10.1 The City has to meet the deadlines in this Consent Order, unless something
beyond their control happens, called a "Force Majeure." If there's a delay because
of a Force Majeure event, it won't be seen as the City breaking this Consent
Order.
10.2 Force Majeure includes unexpected events outside the City's control, like natural
disasters, health emergencies declared by the state, delays in permit reviews by
EGLE, or actions by third parties that the City couldn't prevent and that delay
following this Consent Order. But it doesn't cover things like unexpected costs,
financial changes, or failure to get permits due to the City's own actions.
10.3 If the City discovers an event that might delay their compliance with this Consent
Order, they must tell EGLE within 48 hours by phone, then send written notice
within ten days. The notice should explain the expected delay, its causes, what the
City is doing to minimize it, and when they'll fix it. The City must do everything
reasonable to avoid or minimize delays. This doesn't replace the need to report
violations as required in Paragraph 6.1.
10.4 If the City doesn't follow the notice rules in Paragraph 10.3, this part of the
Consent Order doesn't apply to that incident anymore. EGLE can, at its discretion
and in certain cases, waive the notice rules in writing.
10.5 If both parties agree the delay was beyond the City's control, they can adjust this
Consent Order accordingly. But EGLE has the final say on whether something
counts as a Force Majeure event. The City has to prove any delay was beyond
their control and that they followed all the rules in this section.
10.6 If the City gets an extension for one deadline because of a specific incident, it
doesn't automatically mean they get an extension for other deadlines. They have
to prove each time why they need an extension.
THIS DOCUMENT IS ONLY FOR SETTLEMENT DISCUSSIONS AND IS EXEMPT FROM
FOIA. IT CANNOT BE USED AS EVIDENCE IN COURT UNDER MRE 408.

XI. GENERAL PROVISIONS

11.1 EGLE can still take action for any violations of the Safe Drinking Water Act
(SDWA) not dealt with in this Consent Order. They have the right to pursue
remedies for any City failures to comply with the SDWA and its rules.
11.2 EGLE and the City agree that this Consent Order can be enforced using the same
procedures as final orders under the SDWA.
11.3 This Consent Order doesn't change the City's duty to follow other state, federal, or
local laws and regulations.
11.4 Both parties agree to try to solve any disputes informally before going to court.
They'll do this promptly and in good faith.
11.5 This Consent Order doesn't affect any liability the City might have for natural
resource damages due to its ownership or operation of the supply. The State of
Michigan can still take action to recover these damages.
11.6 If the City sells or transfers the Supply, it must tell the buyer or recipient about
this Consent Order before the sale or transfer. The City needs approval from
EGLE's Engineering Section supervisor before the ownership change. Within 30
days, the City must also inform EGLE in writing about the sale or transfer,
provide details of the buyer or recipient, and confirm that they've told the new
owner about this Consent Order. The new owner must agree in writing to follow
this Consent Order, and a copy of that agreement must be sent to EGLE's
Engineering Section supervisor within 30 days of taking over.
11.7 This Consent Order applies to the parties involved and anyone who takes over
their roles later.
11.8 This Consent Order resolves the violations mentioned in it, but it doesn't deal with
any potential criminal actions related to those violations.
11.9 This Consent Order starts when the director of EGLE's DWEHD signs it.
THIS DOCUMENT IS ONLY FOR SETTLEMENT DISCUSSIONS AND IS EXEMPT FROM
FOIA. IT CANNOT BE USED AS EVIDENCE IN COURT UNDER MRE 408.

XII. TERMINATION
12.1 This Consent Order stays in place until EGLE ends it with a written Termination
Notice (TN). Before EGLE issues the TN, the City has to send a request
confirming they've followed this Consent Order and paid any fines or penalties.
There's a suggested form for this certification attached as Attachment F. The
certification needs to include:
a. Dates when each part of the compliance program in Section III was
met, and when fines or penalties were paid.
b. A statement that all required info has been reported to the district
supervisor.
c. Confirmation that all necessary records are being kept at the Supply.
EGLE might ask for more info if needed. They won't unreasonably delay issuing the TN.
THIS DOCUMENT IS ONLY FOR SETTLEMENT DISCUSSIONS AND IS EXEMPT FROM
FOIA. IT CANNOT BE USED AS EVIDENCE IN COURT UNDER MRE 408.

Signatories
The undersigned CERTIFY they are fully authorized by the party they represent to enter
into this Consent Order to comply by consent and to EXECUTE and LEGALLY BIND
that party to it.

DEPARTMENT OF ENVIRONMENT, GREAT LAKES, AND ENERGY

_____________________________________
By: Eric J. Oswald, Director
Drinking Water and Environmental Health Division

________________
Date

CITY OF FLINT

_____________________________________
By: Clyde D. Edwards
City Administrator

________________
Date

APPROVED AS TO FORM:

__________________________________
By: Margaret Bettenhausen, Assistant Attorney General
Environment, Natural Resources, and Agriculture Division
Michigan Department of Attorney General

________________

Date
THIS DOCUMENT IS ONLY FOR SETTLEMENT DISCUSSIONS AND IS EXEMPT FROM
FOIA. IT CANNOT BE USED AS EVIDENCE IN COURT UNDER MRE 408.