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Estimated 60% of BH houses reported to have lead May, 11, 2018

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Estimated 60% of BH houses reported to have lead May, 11, 2018

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Benton Harbor Water Superintendent Mike O’Malley estimated that 60 percent of the houses in Benton Harbor have lead and/or galvanized steel water lines from the main water line to the house.

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Two Southwest Michigan cities received almost $300,000 apiece in state grant money to replace lead and galvanized steel water service lines in their cities.

Benton Harbor received $284,000 and St. Joseph received $272,000.

They were two of the 18 cities invited in February to apply for up to $1 million in grant money from a pilot lead removal program being offered by the Michigan Department of Environmental Quality.

Benton Harbor Water Superintendent Mike O'Malley estimated that 60 percent of the houses in Benton Harbor have lead and/or galvanized steel water lines from the main water line to the house.

"The problem in most all cities ... is records of lead service lines are few and far between," he said during Monday's Benton Harbor City Commission meeting.

He said his goal is for the money to be used to replace the water lines to at least 200 houses. He said it will cost a little more money because his workers will be on private property once they start replacing pipes on the house side of the sidewalk. O'Malley said he will have to work with the city's attorney on that.

He said state officials decided to replace galvanized steel pipes because it has been shown that lead can collect in them.

St. Joseph City Engineer Tim Zebell said about $53,000 of his city's grant money will be spent doing a general inventory of the city's water service lines to identify where the lead and galvanized steel lines are. He said the rest of the money will be used to replace lead and galvanized steel water service lines.

He said homeowners affected by the Wallace Avenue Reconstruction Project will be the first ones asked if they want to take part in the grant program. He said the city is tearing up the street this summer to put in a new water main and water service lines to the shut-off valve in the tree lawn. Work is expected to start soon after the school year ends.

Zebell said from the shut-off valve to the water meter in the house is the homeowner's responsibility. But, the DEQ grant allows the money to be used on water lines up to the water meter if they are made of lead or galvanized steel. Zebell said the city will need easements from the property owners to do work on their property.

O'Malley and Zebell said the water in their cities has always tested within the safe levels set for lead by state officials. Lead in drinking water can damage a child's central nervous system, causing learning disabilities and impaired hearing.

O'Malley said lead gets into the drinking water when lead pipes start to corrode. But, he said, water from Lake Michigan coats the pipes with scales.

"It is the opposite of corrosion," he said. "Instead of eating the pipes, we coat the pipes. Our water actually builds up a coating that comes between the pipe and the water."

The grant requires no matching funds.

Contact: lwrege@TheHP.com, 932-0361, Twitter: @HPWrege

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Benton Harbor and St. Joseph get DEQ grants to replace lead water lines

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Two Southwest Michigan cities received almost $300,000 apiece in state grant money to replace lead and galvanized steel water service lines in their cities. Benton Harbor received $284,000 and St. Joseph received $272,000.

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 March 2019 - Rev. Pinkney's Water Council started passing out free water.

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 March 2019 - Rev. Pinkney's Water Council started passing out free water.

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State Requires Water Plant Changes Oct. 29, 2019

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State Requires Water Plant Changes Oct. 29, 2019

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BENTON HARBOR - A consent agreement between the state and Benton Harbor concerning the city's water plant is expected to be signed by the end of the month, Mayor Marcus Muhammad said Tuesday.

"There is a list of problems that could occur if certain measures are not taken," he said after the City Commission meeting. "... These are potential threats. It's not something that is imminent."

Muhammad said the consent agreement is being mandated by the state. Officials stressed Tuesday that state intervention has nothing to do with lead levels in city water.

A town hall meeting will be held at 6 p.m. Thursday at City Hall, where more details will be discussed and residents can ask questions. Muhammad said the agreement will be between the Michigan Department of Environmental Quality and the city's water plant.

State DEQ officials conducted a Sanitary Survey in October and found several potential problems. One was that a generator at the water plant had not been hooked up, for five years, so it could do its job in case of a power outage.

During the meeting, commissioners approved fixing one of the problems DEQ officials found. They approved spending $10,900 to relocate the aluminum sulfate injection point. The current injection point is in the wrong place, which hampers the ability of the water plant to deal with changes in the raw water quality and meet regulatory standards.

"MDEQ cited that this is a significant deficiency," states the resolution approved by commissioners Tuesday.

The Sanitary Survey was done after state DEQ officials put the city under an advisory for having higher-than-acceptable levels of lead in the water of some of the homes that were tested during the summer. But none of the problems found by DEQ officials have anything to do with the amount of lead in the drinking water.

Muhammad said that so far, the high lead levels in some city homes has been found to come from lead pipes or water fixtures in the homes - not from city water lines.

He said many of the problems DEQ officials found are because of actions taken while state-mandated emergency managers were in place from 2010 to 2014. Other problems are due to the age of the water plant, which was built in 1954.

Muhammad said DEQ officials say that Benton Harbor doesn't have enough employees working at the water plant, which has led to some of the problems. He said the loss of staff is because of the emergency managers.

"In 2010, we have over 109 employees," he said. "Now, we have a little over 50. And the water plant was one of the departments that was hit hard. ... They're telling us in the consent agreement to hire more staff."

Contact: lwrege@TheHP.com, 932-0361, Twitter: @HPWrege

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State to require Benton Harbor water plant changes

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BENTON HARBOR - A consent agreement between the state and Benton Harbor concerning the city's water plant is expected to be signed by the end of the month, Mayor Marcus Muhammad said Tuesday. "There is a list of problems that could occur if certain measures are not taken," he said after the City Commission meeting.

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City Votes to Raise the Water&Sewage Bill  during pandemic May 18, 2020

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City Votes to Raise the Water&Sewage Bill  during pandemic May 18, 2020

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Officials Say Yes to Water Bills Increase - Chris Cook

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Officials Say Yes to Water Bills Increase - Chris Cook

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https://www.heraldpalladium.com/communities/benton_harbor/benton-harbor-commissioners-ok-raising-water-sewer-rates/article_3929f48f-b2cf-501d-9137-9062446076ff.html

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Municipalities are required to pay to replace the lead service lines up to a few inches within the house. Jan 1, 2021 or 2022

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Municipalities are required to pay to replace the lead service lines up to a few inches within the house. Jan 1, 2021 or 2022

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https://www.heraldpalladium.com/communities/benton_harbor/petition-filed-with-epa-over-benton-harbor-water-lead-levels/article_89f8304b-7703-5b52-9345-df53b56dd105.html

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Sep 9, 2021 Gov. Gretchen Whitmer announced a $20 million plan to replace all of the lead service lines within 5 years to speed up City Officials initial estimate of a 20 year fix.

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Sep 9, 2021 Gov. Gretchen Whitmer announced a $20 million plan to replace all of the lead service lines within 5 years to speed up City Officials initial estimate of a 20 year fix.

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BENTON HARBOR - Due to fiscal constraints, Benton Harbor is projected to replace all of the city's lead pipelines in 20 years.

However, the city's timeline to update its water service lines might not be as long as previously estimated.

Gov. Gretchen Whitmer and the Michigan Department of Environment, Great Lakes, and Energy (EGLE) announced a plan Wednesday that would replace all of the lead service lines in Benton Harbor in a five-year period.

If approved, her proposal would invest $20 million of federal funds from the American Rescue Plan.

It's part of Whitmer's $200 million proposed investment to replace lead service lines statewide.

"Every Michigander deserves access to safe drinking water and every community deserves lead-free pipes," Whitmer said in a news release. "We must make long-overdue upgrades to our water infrastructure and build on the progress we have made under the MI Clean Water Plan to replace lead pipes, fix sewer systems, and tackle PFAS in our water supply."

City Commissioner Ron Singleton said Benton Harbor has already replaced some of the water service lines by leveraging city income tax money to do so. But, he said, it's not enough.

"We know that 20 years is definitely too long," Singleton told The Herald-Palladium. "We've been looking for other funding."

City Commissioner Duane Seats said city officials have been working hard to obtain more money to replace the lead service lines.

"I'm excited," Seats said when he heard about the governor's proposal. "People deserve to have clean drinking water."

The city has been required to test its drinking water every six months since October 2018, when routine testing found that the amount of lead in the drinking water of sampled homes exceeded the action level of 15 parts per billion (ppb).

City officials have repeatedly said the water leaving the city's water plant has no lead in it, meaning the lead is coming from water service lines or from the plumbing inside the house.

Municipalities have historically only been required to replace lead water lines up to the property line of a residence. As of Jan. 1, municipalities are required to pay to replace 7 percent of the lead service lines up to a few inches within the house.

Since October 2018, Benton Harbor residents have been able to get free water filters and cartridges from the Berrien County Health Department to filter out lead in their water.

The governor's plan would enhance the partnerships between the Michigan Department of Health and Human Services, the local health department and the community to make sure all residents have filters.

Courtney Davis, acting health officer and interim director for the BCHD, said the state's help will help expand technical assistance to residents.

"Our department will continue working closely with our state and local partners to help families access safe drinking water," Davis said in the news release.

Mayor Marcus Muhammad said he's grateful for the investment and is committed to working with the state to make sure families have access to safe drinking water.

"My office, the Berrien County Health Department, and the state health department are committed to providing filters to families and using the $20 million investment to replace 100 percent of our lead service lines in five years," Muhammad said in the news release. "Together, I know we can get this done."

More help

The city has an estimated 6,000 water service lines, with most consisting of lead or unknown materials. It has been estimated that it will cost almost $30 million to replace all of them.

Next month, EGLE is expected to award $3 million through the state revolving fund for lead service line replacement.

Last fall, the city received a $5.6 million EPA grant to replace the lead pipes.

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Whitmer proposes $20M for lead pipe removal in Benton Harbor

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BENTON HARBOR - Due to fiscal constraints, Benton Harbor is projected to replace all of the city's lead pipelines in 20 years. However, the city's timeline to update its water service lines might not be as long as previously estimated. Gov.

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Sept. 10, 2021 – BH Water Council Leads 20 organizations in submitting a 35 pg Petition filed with EPA over BH water lead levels demanding a 12 month fix.

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Sept. 10, 2021 – BH Water Council Leads 20 organizations in submitting a 35 pg Petition filed with EPA over BH water lead levels demanding a 12 month fix.

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BENTON HARBOR - Gov. Gretchen Whitmer's proposal to give Benton Harbor $20 million to replace lead water service lines in the city over the next five years is great, but not enough, said Jill Ryan, executive director of Freshwater Future based in Petoskey.

"Five years is still a long time. The residents need immediate assistance to get access to filters and clean drinking water," she said when contacted by phone Thursday.

Freshwater Future was one of 20 organizations that filed a petition Thursday with the U.S. Environmental Protection Agency for emergency action under the federal Safe Drinking Water Act.

The 35-page petition states that residents "continue to live with significant and dangerous levels of lead contamination three years after the contamination was first discovered with no immediate solution in sight."

Benton Harbor has been required to test its drinking water every six months since October 2018, when routine testing found that the amount of lead in the drinking water of sampled homes exceeded the action level of 15 parts per billion (ppb).

The petition states that over the past three years, the city and the Michigan Department of Environment, Great Lakes, and Energy (EGLE) have failed to take timely action to correct the problem.

Even low levels of lead in the blood of children can result in "behavior and learning problems, lower IQ and hyperactivity, slowed growth, hearing problems and anemia," the petition states.

Even though officials have installed corrosion control systems at the city's water plant, Ryan said the amount of lead in the tap water has increased over the past three years. During corrosion control, chemicals are added to the water to coat lead pipes so lead doesn't leak from them.

She said this is important because even after all of the city's water service lines are replaced, there could still be lead plumbing inside the house.

"Replacing the lead service lines will reduce the amount of lead in the water, but won't solve the problem," she said.

City officials have repeatedly said the water leaving the city's water plant has no lead in it, meaning the lead is coming from water service lines or from the plumbing inside the house.

An ongoing effort

Municipalities have historically only been required to replace lead water lines up to the property line of a residence.

As of Jan. 1, municipalities are required to pay to replace the lead service lines up to a few inches within the house.

The petition lists several action steps that it says need to be taken. They include that residents be given technical and financial resources so they have a free source of safe drinking water and that the EPA make grants available to the city to assist in getting safe drinking water to residents.

Also listed on the petition was the Benton Harbor Community Water Council, led by Edward Pinkney of Benton Township.

"While we thank Gov. (Gretchen) Whitmer for the $20 million to replace Benton Harbor's lead service lines, the lead in water situation in Benton Harbor is and has been for the past three years a dire emergency," he said in a news release. "We have watched our children, loved ones, and my fellow community members be subjected to high lead in water levels. It has been a struggle to get our water utility to properly test and protect the community from these high levels of lead."

Nick Leonard, the executive director of the Great Lakes Environmental Law Center, said his group has tried to intervene previously to no avail.

"A number of petitioners met with folks at EGLE in late 2019 to talk about things we thought were problematic with their response," Leonard said in the release. "And their answer at the time was, things are under control, lead levels are going down, we've got this. And that simply wasn't the case."

Leonard said in recent sampling periods, lead levels have been higher than in the initial lead exceedance in the fall of 2018.

"There's been ... a lack of urgency, a lack of response that we found really troubling," he said. "Benton Harbor residents have been living with this for far too long."

Whitmer's plan, which was announced Wednesday, includes expanding the program that already exists where city residents are able to get free water filters and cartridges from the Berrien County Health Department to filter out lead in their water.

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Petition filed with EPA over Benton Harbor water lead levels

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BENTON HARBOR - Gov. Gretchen Whitmer's proposal to give Benton Harbor $20 million to replace lead water service lines in the city over the next five years is great, but not enough, said Jill Ryan, executive director of Freshwater Future based in Petoskey. "Five years is still a long time.

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Oct 14 2021 Lt. Gov. Gilchresst announces that Michigan aims to replace Benton Harbor's lead pipes in 18 months, Gilchrist says

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Oct 14 2021 Lt. Gov. Gilchresst announces that Michigan aims to replace Benton Harbor's lead pipes in 18 months, Gilchrist says

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Benton Harbor - Lt. Gov. Garlin Gilchrist vowed Thursday that the state will find millions of dollars needed to replace lead service lines in 18 months, calling it an "appropriate escalation" to address the city's ongoing lead-tainted water crisis.

The "all-hands-on-deck" effort is part of an executive directive by Gov. Gretchen Whitmer's office that will continue delivery of bottled water, health care, home lead pipe replacement and other services for Benton Harbor residents, Gilchrist said during a Thursday press conference in the southwest Michigan community of 9,615 residents.

The Democratic Whitmer administration's announcement, which has followed extensive criticism by residents and environmental groups about delays in addressing the city's water crisis, is faster than a prior plan to budget $20 million for a five-year removal process. Whitmer recently signed a budget bill with a $10 million appropriation for Benton Harbor lead pipe replacement.

Gilchrist identified "a significant amount of federal resources that have yet to be appropriated" by the Legislature as the source for additional cash. The federal aid can be used for infrastructure projects such as removing lead pipes, he said. A governor's office release said additional money would be tapped from "federal, state and local resources."

"When a community faces tough times, we have to show up for and with them to fight for and with them with everything that we have," Gilchrist said. "Because we are all part of the same Michigan family."

Despite a lack of public warnings that the lead-tainted water was unsafe following three straight years of lead exceedances, the lieutenant governor maintained that the state has always taken Benton Harbor's lead issues seriously. His remarks came on the same day The Detroit News reported that state environmental officials had been slow to respond to dealing with the crisis by not warning residents that the drinking water was unsafe and that its corrosion control measures did not work.
More: State criticized for inadequate response to Benton Harbor water crisis
"I think what's important to recognize is today's action represent, I think, an appropriate escalation of that response," said Gilchrist when asked about the state's delayed action. "We know that no amount of lead in the water is safe. So this action that we've taken today...we believe has escalated the state response to meet this challenge."

"What happened in the past" is in the past, and the administration is moving forward, he added.

Following years of criticism, residents and environmental groups are seeking federal intervention in the impoverished Michigan city. The U.S. Environmental Protection Agency's Region 5 is reviewing the petition. It follows three consecutive years of lead-in-water results that have exceeded state and federal action levels.

Critics respond

One of the petitioners welcomed the Whitmer administration's promise to get the pipes out of the ground expeditiously. But the people long ago "should have been told the water was unsafe to drink" by Whitmer, the state Department of Environment, Great Lakes and Energy and Benton Harbor's mayor, said the Rev. Edward Pinkney, president of the Benton Harbor Community Water Council.

Pinkney did not attend Gilchrist's news conference because he was passing out bottled water at his church - something he has done since March 2019 given the lead exceedances.

Pinkney said he appreciates the governor "doing everything that we laid out" in the petition "to make us happy," but he insisted residents still need to hear definitively the water is unsafe to drink. The state health department has said it's passing out free bottled water and other services out of "an abundance of caution."

"Don't beat around the bush talk about we're doing this because of cautionary reasons," Pinkney said. "That doesn't work. Now you're still pretending that there's not a problem. Even today, nothing would have happened had we not filed that petition."

While state officials maintain they are seeing improvements in reducing some lead levels in Benton Harbor, only last week did they recommend that residents only use bottled water for drinking, cooking and brushing teeth.

Experts have determined there is no safe level of lead consumption, and adults exposed to lead in drinking water can develop problems in bones, teeth, blood, liver, kidney and the brain. In children, lead is more of a health risk and can affect their brains and growing bodies.

"Gov. Whitmer's executive directive reflects urgent community priorities of securing safe water and removing lead water pipes. NRDC is committed to working with Benton Harbor residents and state officials to move this plan forward," said Cyndi Roper, senior Michigan advocate with the Natural Resources Defense Council.

One Republican legislative leader indicated support for directing more aid toward replacing Benton Harbor's lead pipes while criticizing two years of Whitmer administration inaction.

"Lead line replacement is a long-term solution that absolutely must be achieved," said Abby Mitch, a spokeswoman for Senate Majority Leader Mike Shirkey, citing a Senate GOP plan for spending $600 million in federal dollars on statewide lead line replacement compared with a $200 million Whitmer plan.

"The promise of long-term solutions from the governor's office should not be allowed to distract from the absolute failure of that office to protect the families in Benton Harbor," Mitch added.

A Senate hearing on the GOP plan is set for Wednesday.

To date, 219 lines in Benton Harbor have been replaced. There are an estimated 2,400 lead lines in the city.

Lack of warning resonates

The pastors who flanked Gilchrst at the rainy news conference at the Michigan Department of Health and Human Services' Berrien County office on Thursday had concerns about the lack of a state warning about the drinking water even as they welcomed Whitmer's actions.

While lauding the state for making bottled water and filters available to residents, the clergy members wondered in response to reporters' questions why they just found out a few weeks ago that the city had three straight years of lead exceedances.

That question has been brought up "more than once," said Bishop James Atterberry of Brotherhead Church, and "the truth of the matter is that they really don't know what happened."

Benton Harbor has had three consecutive years of lead levels in its water that have exceeded state and federal action levels of 15 parts per billion. The high readings have continued despite an effort by state agencies to have the city inject a corrosion control blend into the drinking water. The citywide reading in 2018 was 22 ppb compared with 24 ppb in this year's sampling.

"It kinda went from one day (water was clean) to a situation where we had to have bottled water," Atterberry said. "The information we are getting now is coming from those in charge, and they're saying that they didn't see that it was that bad."

The Rev. Maurice McAfee, the pastor of New Bethel Baptist Church, said he also wondered "why the information was so late in getting out to us."

While getting lead pipes out of the ground and cleaning up the water is paramount, McAfee said he wants to "backtrack and figure out how did we get to the point to make sure it never happens again."

"This is the first time in the last couple of weeks that we heard it was three years," he said, referring to the lead exceedances. "We're learning as we go."

Mayor Marcus Muhammad said the city has been working to solve the lead pipe problem "with the resources and the money that we had." Now "the all-out effort from the state" will allow the city to "really intensify in solving the problem," he said.

Muhammad said the city campaign for bottled water began in 2018 after 30 homes had exceeded the federal lead limit. The state began distributing bottled water almost three years later on Sept. 30.

Pinkney attacked the mayor as being complicit in not sounding the alarm.

Muhammad knew about the lead situation in 2018, 2019 and 2020, Pinkney said, adding that "he was telling people that the water was good to drink, and he knew it wasn't."

Muhammad said at the press conference that, with the corrosion control, "that takes time to work." The city was under state emergency management control in 2017, a year before the first lead exceedance, he added.

"But we're not going to look backwards. We're going to look forward, because it's on my watch, it's on Gov. Whitmer's watch and we're going to solve it once and for all," Muhammad said.

Republicans weigh in

The state Department of Health and Human Services will continue to provide educational outreach, water sampling and filter distribution, Director Elizabeth Hertel said.

"No matter where a person lives, no matter their identity, their name; everyone, and I want to repeat that, everyone deserves access to water that they can trust to drink themselves and that they can trust to give to their families," Hertel said.

Since Sept. 30, the state Department of Health and Human Services has delivered more than 33,500 cases of bottled water to city residents. It also has distributed hundreds of water filters, but early efforts were criticized as not doing enough to educate residents on how to install the devices correctly and encourage them to install the filters.

The national and state Republican parties signaled Thursday they are making the lead-tainted water crisis in Benton Harbor a campaign issue.

"While it is about time Gretchen Whitmer takes a closer look at the situation in Benton Harbor, where Michiganders have been without access to clean and safe drinking water, the timeliness of her addressing this issue raises far more questions," Michigan Republican Party spokesman Gustavo Portela said in a statement.

"Whitmer and her administration's inaction in addressing this issue is yet another failed promise to add to the growing list, and this one comes with catastrophic implications for the residents of Benton Harbor."
lfleming@detroitnews.com
The first year of results that exceeded state and federal action limits occurred in the final year of the Republican administration of Gov. Rick Snyder, who has been criminally charged by Democratic Attorney General Dana Nessel's office in the Flint water crisis.

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Michigan aims to replace Benton Harbor's lead pipes in 18 months, Gilchrist says

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Benton Harbor - Lt. Gov. Garlin Gilchrist vowed Thursday that the state will find millions of dollars needed to replace lead service lines in 18 months, calling it an "appropriate escalation" to address the city's ongoing lead-tainted water crisis. The "all-hands-on-deck" effort is part of an executive directive by Gov.

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February 2, 2022 Legislative Committee Meeting Canceled - 'Lead Law' Ordinance Not Reviewed by committee

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February 2, 2022 Legislative Committee Meeting Canceled - 'Lead Law' Ordinance Not Reviewed by committee

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Feb. 7, 2022  Lead Pipeline to Prison? Benton Harbor Commissioners and Mayor approved 'Lead Law' Ordinance 

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Feb. 7, 2022  Lead Pipeline to Prison? Benton Harbor Commissioners and Mayor approved 'Lead Law' Ordinance 

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'Lead Law' Ordinance which could include  $500 fine, 90 days of jail time – along with being required to serve up to 250 hours of community service if lead line replacement guidelines not met within 180 days

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BENTON HARBOR - Benton Harbor homeowners will face fines and potential jail time if they have lead service lines in their houses and don't replace them.

Benton Harbor city commissioners Monday approved mandating property owners who don't replace their lines within 180 days be fined up to $500 and face up to 90 days of jail time - along with being required to serve up to 250 hours of community service.

Benton Harbor Mayor Marcus Muhammad said the spirit of the ordinance is not to be punitive, but to be restorative "to make sure that the city exhausts all options, all resources, to replace every lead service line."

Owners can replace the lead service lines at their own expense or take part in the free Lead Service Line Replacement Program, which is offered by the city.

Historically, water service lines from the property line to the house were the responsibility of the homeowner. That changed in 2018, when the state's new standards on drinking water required that public water systems replace all lead service lines up to within 18 inches inside homes starting Jan. 1, 2021.

Contractors can't replace them until a Water Service Line Agreement Form is completed to allow the workers on private property and into the home.

The agreement states the city will replace the homeowner's portion of the lead service line and repair them if needed for up to one year after construction. After that, the homeowner will be responsible for repairs.

The new ordinance also allows renters to grant access to buildings if the owner is not available.

In 2018, the state put the city under a lead advisory after eight of the 30 Benton Harbor homes tested for lead were above the action level of 15 parts per billion (ppb), and the 90th percentile of the samples was 22 ppb for lead. The city has been required to test homes for lead every six months since then.

In October, Gov. Gretchen Whitmer announced all of the city's lead service lines need to be replaced within 18 months.

In January, city commissioners approved more than $33 million in contracts for lead line replacement, which is expected to be done by April 19, 2023.

According to an online dashboard made by Abonmarche, 439 of the 4,322 assumed lead service lines have been replaced so far. In the last 30 days, seven of them were replaced and 15 were verified as not being made of lead.

A link to the online dashboard can be found at lead-service-line-inventory-abonmarche.hub.arcgis.com.

Meanwhile, residents continue to be urged by city and state officials to only use bottled water for cooking, drinking, brushing teeth, rinsing foods and mixing powdered infant formula out of an abundance of caution.

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Benton Harbor adds fines to spur lead line replacement

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BENTON HARBOR - Benton Harbor homeowners will face fines and potential jail time if they have lead service lines in their houses and don't replace them. Benton Harbor city commissioners Monday approved mandating property owners who don't replace their lines within 180 days be fined up to $500 and face up to 90 days of jail time - along with being required to serve up to 250 hours of community service.

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March 21, 2022 City Officials consider removing jail time in lead line ordinance

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March 21, 2022 City Officials consider removing jail time in lead line ordinance

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BENTON HARBOR - Several Benton Harbor city commissioners aren't happy residents face possible jail time if they don't have their lead service lines replaced within 180 days.

In February, commissioners approved an ordinance making failure to replace the lines a misdemeanor punishable by up to a $500 fine, up to 90 days in jail and/or up to 250 hours of community service.

City Commissioner Ethel Clark-Griffin said at Monday's city commission meeting that before she voted in February, city attorney Richard Racht told her the penalty would be fines and community service.

"Not once was jail time mentioned," she said.

Racht said there's always a possibility of jail time if something is criminal, which is what an ordinance violation is. He said whenever city staff issue a ticket for an ordinance violation, he's the one who decides if it is prosecuted and recommends a punishment.

"I've been doing the city's ordinance prosecution now since 2017," he said. "I think all of my recommendations for every ordinance violation have been fines and costs."

According to the ordinance approved in February, homeowners can replace the lead service lines at their own expense or take part in the free Lead Service Line Replacement Program, which is offered by the city.

Mayor Marcus Muhammad said the goal is to have every lead line replaced by the end of 2023. But he said that can only happen if the form is signed so the contractors can work on private property.

An online right-of-entry form and electronic signature can be found at dtmb.state.mi.us/BentonHarbor.

Residents without internet access or who prefer to sign the form by a different method may obtain information from Sandy Riehl at sriehl@abonmarche.com or by calling 926-4557.

Muhammad said people have been hired to go door-to-door, asking residents to fill out the form.

City Commissioner MaryAlice Adams said she would like to see the ordinance go back to committee so the jail time line item can be removed.

City Commissioner Edward Isom agreed.

"We're here to help the people, not to hurt," he said. "... We just want the lead lines replaced."

No official action was taken to alter the ordinance.

Several city leaders are expected to take part in a Special Lead Law Town Hall Part 2 meeting at 6:30 p.m. Friday, hosted by Gwen Swanigan, CEO of the S.H.A.R.P. Foundation (Society Harmonizing Against Racial Profiling). Information on how to join this virtual meeting via Zoom and Facebook Live can be found on the SHARP Foundation Facebook page.

During public comments, Swanigan said the 90-day jail time penalty in the ordinance is absurd, ridiculous and cruel.

"It's like you're creating a crisis within a crisis," she said.

Racht said besides making not replacing lead service lines a misdemeanor, the ordinance allows tenants to give consent for contractors to be on private property to replace the lines.

He said if the lead lines aren't replaced, the city can be penalized by the state and federal government.

City manager

At Monday's meeting, city commissioners approved a resolution to conduct a follow-up evaluation on City Manager Ellis Mitchell on Sept. 9. This would be six months after he was evaluated in closed session earlier this month.

However, three commissioners voted against it, saying Mitchell needs to be reevaluated sooner.

City Commissioner Duane Seats, who voted against it, said Mitchell needs to be reevaluated within 90 days.

"Some stuff needs to be corrected immediately," he said.

Also voting against the resolution were Adams and Clark-Griffin.

Muhammad said Mitchell is serving without a contract at the will of the city commission. Mitchell was hired as the interim city manager in July 2019 and was given the permanent title in January 2020.

Engineering award

Mitchell announced at the 2022 Engineering & Surveying Excellence Awards Projects gala last week in Detroit, Benton Harbor and its engineering firm, Abonmarche Consultants, won an award for the work being done to improve the city's water plant and distribution system.

In addition, Alex Little, director of the city's community and economic development department, said City Commissioner Jerry Edwards was recently given a Small Town America Civic Volunteer Award for being a Top 100 National Award Winner for outstanding public service volunteerism.

Little said when he was asked to submit a candidate to be considered, Edwards and Isom were passing out food to people.

"I could only submit one name and I thought about how often Commissioner Edwards has stepped up to the plate to help with recreation stuff and so forth," he said.

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Benton Harbor officials discuss removing jail time in lead line ordinance

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BENTON HARBOR - Several Benton Harbor city commissioners aren't happy residents face possible jail time if they don't have their lead service lines replaced within 180 days. In February, commissioners approved an ordinance making failure to replace the lines a misdemeanor punishable by up to a $500 fine, up to 90 days in jail and/or up to 250 hours of community service.

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Monday April 18, Commission Meetings - Lead Law Jail Penalty Removed; Fine maintained

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Monday April 18, Commission Meetings - Lead Law Jail Penalty Removed; Fine maintained