Michigan will allocate $87 million for the City of Flint to identify and replace at least 18,000 unsafe water lines in Flint by 2020 under a proposal to settle a federal lawsuit that also provides the state with a road map to end free distribution of bottled water.
In addition, the proposed settlement requires state officials to pay $895,000 to plaintiffs who brought the 2016 lawsuit to cover their litigation costs.
U.S. District Judge David Lawson will have a hearing at 1 p.m. ET Tuesday to consider the agreement, which was the result of mediation. Lawson is expected to approve the agreement, subject to his oversight of its enforcement.
Concerned Pastors for Social Justice, the Natural Resources Defense Council, the Michigan chapter of the American Civil Liberties Union and Flint resident Melissa Mays won't get the door-to-door delivery of bottled water they had been seeking in recent months.
But the plaintiffs would get a schedule for water line replacements while the state gets a schedule for weaning the City of Flint off the community resource stations where bottled water, water filters and filter replacement cartridges now are distributed free.
Some — but not all — of the money the state allocates can come from federal government grants.
Flint's drinking water became contaminated with lead in April 2014 when as a short-term cost-cutting measure a state-appointed emergency manager switched the city's drinking water supply from Lake Huron water treated in Detroit to Flint River water treated at the Flint Water Treatment Plant.
The Michigan Department of Environmental Quality has acknowledged a mistake in failing to require the use of corrosion control chemicals as part of the treatment process. The corrosive water allowed lead to leach from from pipes, joints and fixtures, causing a spike in toxic lead levels in the blood of Flint children and older residents.
Flint switched back to Detroit water in October 2015, but some risk remains because of damage to the city's water distribution infrastructure.
Under the proposed settlement:
• Water-line replacement. The city, with state compensation, agrees to determine what water lines running from the street to at least 18,000 households and properties are made of and replace those made of lead or galvanized steel with copper at no cost to the homeowners.
• Timeline for replacement. At least 6,000 lines would be replaced by Jan. 1, 2018, and at least 6,000 more lines each of the two following years, with all lines covered in the agreement replaced by Jan. 1, 2020.
• Bottled water delivery. Door-to-door delivery, which the plaintiffs had sought, is not covered, but the agreement calls for residents to be able to call the 2-1-1 city phone number and receive free water deliveries within 24 hours. The service can be discontinued if water monitoring for the six-month period ending June 30 is below the U.S. Environmental Protection Agency's "action level" for lead.
• Water resource sites. The state and city would continue to operate at least nine community water resource sites where residents can pick up bottled water, water filters and cartridges until May 1. It permits the state to close three centers between May 1 and June 1, but only if demand has dropped off, and close up to two additional centers between June 1 and July 1 if demand has dropped off.
• State support of water sites. Michigan officials won't be required to operate any water distribution centers after Sept. 1 if water monitoring for the six-month period ending June 30 is below the U.S. Environmental Protection Agency's action level for lead.
• More water-filter consultants. The state would expand its program of water filter education, installation and maintenance and make its best efforts to have at least 90 filter education specialists at work throughout the city, eight hours a day, Monday through Saturday with specialists also available Sundays by appointment and for follow-up.
• Advertisements. The state would get word out about the filter specialists through ads on TV, radio and other media, including in Spanish.
• One year more. The state would provide the city with filter replacement cartridges so residents could have free cartridges to use for one year after the replacement of their lead or galvanized steel water lines.
• Medicaid expansion. The state would continue its Medicaid expansion for Flint residents through March 2021, covering pregnant women and children younger than 21 for up to 400% of the poverty level.
• Blood-lead monitoring. The state would continue elevated blood level case management for children with measurable lead in their blood, plus nutrition and other services for children, through September 2018.
• Water monitoring. After a water line is replaced, the water would be monitored to ensure it is safe to drink, including the use of a third-party independent monitor. Extensive public reporting also is part of the process.
Not covered: Abandoned houses though any household with an active water account on the effective date of the agreement is covered even if the water bill is overdue.
