Bill Text: MI HB4479 | 2023-2024 | 102nd Legislature | Introduced

Michigan House Bill 4479

Introduced

Bill Title: Environmental protection: sewage; onsite wastewater treatment systems; regulate, and provide for assessments and evaluations. Amends sec. 12752 of 1978 PA 368 (MCL 333.12752) & adds pt. 128. TIE BAR WITH: HB 4480'23

Spectrum: Partisan Bill (Democrat 39-0)

Status: (Introduced) 2023-05-02 - Bill Electronically Reproduced 04/27/2023 [HB4479 Detail]

Download: Michigan-2023-HB4479-Introduced.html

HOUSE BILL NO. 4479

A bill to amend 1978 PA 368, entitled

"Public health code,"

by amending section 12752 (MCL 333.12752) and by adding part 128.

the people of the state of michigan enact:

Sec. 12752. (1) Public sanitary sewer systems are essential to the health, safety, and welfare of the people of the this state. Septic tank disposal Onsite wastewater treatment systems are subject to failure due to soil conditions or other reasons. Failure or potential failure of septic tank disposal onsite wastewater treatment systems poses a threat to the public health, safety, and welfare; presents a potential for ill health, transmission of disease, mortality, and economic blight; and constitutes a threat to the quality of surface and subsurface waters of this state. The connection to available public sanitary sewer systems at the earliest, reasonable date is a matter for the protection of the public health, safety, and welfare and necessary in the public interest which that is declared as a matter of legislative determination.

(2) Onsite wastewater treatment systems are subject to regulation under part 128. Local health departments may implement and enforce this part and part 128 under any applicable provisions of this act.

(3) As used in this section, "onsite wastewater treatment system" means that term as defined in section 12801.

PART 128. ONSITE WASTEWATER TREATMENT SYSTEMS

Sec. 12801. (1) As used in this part:

(a) "Alternative system" means an onsite wastewater treatment system that is not a conventional system and that provides for an equivalent or better degree of protection for public health and the environment than a conventional system.

(b) "Approved onsite wastewater treatment system" means an alternative system or conventional system for which construction and any required operating permits have been issued by the department or the local health department having jurisdiction and an inspection has found the system to be in compliance with all required permits.

(c) "Authorized local health department" means a local health department authorized by the department to administer this part pursuant to section 12803 for conventional systems or section 12805 for alternative systems, as applicable.

(d) "Construction permit" means a permit to install, construct, alter, or repair an onsite wastewater treatment system.

(e) "Conventional system" means an onsite wastewater treatment system that contains a watertight septic tank with nonuniform distribution of effluent to a soil dispersal system that does not include any components of an approved alternative technology.

(f) "Department" means the department of environment, Great Lakes, and energy.

(g) "Domestic equivalent wastewater" means wastewater that is not sanitary sewage but is demonstrated to have similar wastewater characteristics and flow and is amenable to onsite wastewater treatment and soil dispersal through a conventional or alternative system.

(h) "Experimental onsite wastewater treatment system" means an onsite wastewater treatment system that is in experimental use and requires further testing in order to provide sufficient information to determine its acceptability.

(i) "Failure" means a malfunction or failure of an onsite wastewater treatment system consisting of any of the following:

(i) A discharge of sanitary sewage to the surface of the ground.

(ii) A discharge of sanitary sewage or effluent into surface water or directly into groundwater.

(iii) The inability of the onsite wastewater treatment system to accept sanitary sewage at the rate being discharged, resulting in the backup of sanitary sewage into the structure.

(iv) A structural failure or leaking of the septic tank or other associated components and appurtenances.

(v) A discharge of treated wastewater that does not comply with applicable standards.

(vi) An illicit connection or illicit discharge.

(vii) Evidence of effluent within the septic tank above or below the invert of the septic tank outlet.

(viii) The location of all or a portion of a conventional or alternative system outside of the established boundaries of the property of the structure that the system serves.

(ix) The treatment bed or treatment mound has collapsed or compacted and rain and snow melt cannot percolate through the system.

(j) "Fund" means the onsite wastewater treatment system administration fund created in section 12829.

(k) "Illicit connection" means a physical connection to an onsite wastewater treatment system or other separate drainage system in violation of law.

(l) "Illicit discharge" means any discharge from an onsite wastewater treatment system or other separate drainage system in violation of law.

(m) "Imminent danger" means a condition or practice that could reasonably be expected to cause death, disease, or serious physical harm immediately or before the imminence of the danger can be eliminated through enforcement procedures otherwise provided in this act.

(n) "Management" means the siting, design, installation, operation, inspection, and maintenance of onsite wastewater treatment systems to ensure that onsite wastewater treatment systems meet required performance standards as prescribed by the technical advisory committee and are protective of public health and the environment.

(o) "Nonproprietary technology" means a wastewater treatment or distribution technology, method, or product not subject to a patent or trademark that significantly contributes to the attainment of the treatment or dispersal objectives.

(p) "Onsite wastewater treatment system" or "system" means a system of components and appurtenances used to collect and treat sanitary sewage or domestic equivalent wastewater from 1 or more dwellings, buildings, or structures and discharge not more than 10,000 gallons per day of the resulting effluent to a soil dispersal system on property owned by or under the control of the owner of the onsite wastewater treatment system.

(q) "Onsite wastewater treatment system inspection" or "inspection" means an inspection of an onsite wastewater treatment system conducted under section 12821.

(r) "Operating permit" means a renewable and revocable permit, if required, to operate and maintain an alternative system in compliance with specific operational or performance requirements.

(s) "Point of sale" means the time at which the sale or transfer of a parcel of real estate is complete. Point of sale does not include a transfer described under section 3 of the seller disclosure act, 1993 PA 92, MCL 565.953.

(t) "Proprietary product" means a treatment or distribution product held under patent or trademark that significantly contributes to the treatment, performance, and attainment of effluent quality or dispersal objectives.

(u) "Registered inspector" means an individual who is qualified to conduct onsite wastewater treatment system inspections and registered under section 12823.

(v) "Sanitary sewage" means water and contaminants discharged from sanitary conveniences, including bathroom, kitchen, and household laundry fixtures of dwellings, office buildings, industrial plants, commercial buildings, and institutions.

(w) "Statewide code" means the rules promulgated under section 12817 providing for the management of onsite wastewater treatment systems.

(x) "Technical advisory committee" means the technical advisory committee established by the department under section 12815.

(2) In addition, article 1 contains general definitions and principles of construction applicable to all articles of this code.

Sec. 12803. The department shall authorize a local health department to administer this part for conventional systems if the local health department does all of the following:

(a) Adopts regulations consistent with this part for the purpose of carrying out the responsibilities of this part and the statewide code, including authority to do all of the following:

(i) Conduct site evaluations, issue construction permits, and perform interim inspections during construction and final inspections on completion of construction, if required.

(ii) Issue notices and penalties to persons that violate this part or endanger public health or the environment.

(iii) Respond to complaints of failure of an onsite wastewater treatment system.

(iv) Provide an administrative review for any person affected by an order, decision, or notice issued by the local health department. The results of the administrative review must be provided to the department, if requested.

(b) Maintains qualified staff to administer a conventional onsite wastewater treatment system program. A staff member shall meet the following minimum educational and training requirements to work independently in an onsite wastewater treatment system program:

(i) Possess a minimum of a 4-year bachelor of science or arts degree with a major in environmental health, chemistry, biology, geology, engineering, or an equivalent degree.

(ii) Obtain a minimum of 8 hours of training that includes a minimum of 4 hours of field training on the United States Department of Agriculture soil classification system from the department or another entity approved by the department.

(iii) Demonstrate competency and understanding of local sanitary regulations, criteria for subsurface sewage disposal provided in state law and rules, and the land division act, 1967 PA 288, MCL 560.101 to 560.293.

(iv) Demonstrate competency and understanding of the Michigan local public health accreditation program, accreditation indicators, and all minimum program requirements pertaining to onsite wastewater treatment systems.

(v) Conduct a minimum of 10 supervised field evaluations of onsite wastewater system designs and 10 supervised final inspections with senior staff or a supervisor.

(vi) Conduct a minimum of 5 solo field evaluations of onsite wastewater system designs and 5 solo final inspections demonstrating understanding of the onsite wastewater treatment program as determined by senior staff or a supervisor.

(vii) Attend and observe a minimum of 2 complete onsite wastewater system installations from beginning to end.

(c) Adopts local health department regulations that, at a minimum, provide protection for public health and the environment equivalent to this part and submit its regulations to the department for review and approval.

Sec. 12805. (1) The department shall authorize a local health department to administer this part for alternative systems if the local health department does both of the following:

(a) Meets the requirements of section 12803.

(b) Adopts regulations consistent with this part for the purpose of carrying out the responsibilities of this part, including authority to do all of the following:

(i) Review, evaluate, approve, or reject applications, plans, and specifications to alter, install, repair, or replace alternative systems.

(ii) Issue construction permits authorizing the installation of alternative systems in accordance with section 12809.

(iii) Ensure long-term maintenance of alternative systems through the issuance of operating permits.

(2) Existing local health department regulations or guidance for a particular type of alternative system remains in effect until recommended standards and guidance for that type of system are developed by the department in accordance with section 12813.

Sec. 12807. (1) A person shall not install, construct, alter, or repair an onsite wastewater treatment system unless the person has received a construction permit from an authorized local health department or the department, subject to any permit required under part 31 or 41 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.3101 to 324.3134 and 324.4101 to 324.4113.

(2) A person shall obtain a construction permit for an onsite wastewater treatment system from an authorized local health department in compliance with this part. If the local health department with jurisdiction over the property is not authorized to administer this part, the department is responsible for issuing the construction permit.

(3) A local unit of government shall not issue a building permit for a residence or facility that will be served by an onsite wastewater treatment system unless a construction permit for the onsite wastewater treatment system has been obtained under this part.

Sec. 12809. (1) The department or an authorized local health department that administers an alternative system construction and operating permitting program within its jurisdiction shall issue a construction permit for the installation of an alternative system if both of the following conditions are met:

(a) The alternative system does either of the following:

(i) Utilizes a proprietary product that has been registered for use by the department.

(ii) Utilizes a nonproprietary technology in accordance with the recommended standards and guidance provided by the department in accordance with the statewide code.

(b) The soils, site conditions, and operating conditions at the location are appropriate for the use of the alternative system in compliance with the statewide code.

(2) Beginning on the effective date of the amendatory act that added this part, an alternative system must be inspected by the department, authorized local health department, or registered inspector at least once every 5 years unless otherwise provided in the statewide code.

Sec. 12811. (1) Beginning January 1, 2026, a person shall not install, construct, alter, or repair a proprietary product unless that product has been registered for use in this state by the department and a construction permit is obtained under section 12807.

(2) A person may apply for registration of a proprietary product under subsection (1) by submitting an application on a form and in a manner prescribed by the department. The department may charge a fee of $3,000.00 to cover its costs in reviewing applications for registration under this section. Money received by the department must be forwarded to the state treasurer for deposit into the fund. Within 30 days after receipt of an application and fee, the department shall review the application and determine whether it is administratively complete. Within 60 days after receipt of an administratively complete application, the department shall approve or deny the registration and notify the applicant in writing. In approving and registering for use a proprietary product in this state, the department shall consider the recommended standards and guidance provided to the department by the technical advisory committee. A registration under this section is valid for 5 years. A registration may be renewed. However, there is no fee for a renewal.

(3) The department may deny, suspend, or revoke a registration under this section following a contested case hearing pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, if the department finds any of the following:

(a) The registration was obtained or attempted to be obtained through misrepresentation or fraud.

(b) The registrant transacted business under its registration using fraudulent, coercive, or dishonest practices.

(d) Field reviews determine that the proprietary product does not function or perform as designed.

Sec. 12813. The department shall develop recommended standards and guidance to assist local health departments in permitting different types of onsite wastewater treatment systems, including the following 3 categories:

(a) Nonproprietary technologies such as sand filters.

(b) Proprietary products such as aerobic treatment systems and packed bed filters.

Sec. 12818. A person that knowingly submits to the department or local health department information related to an onsite wastewater treatment system that is false, incorrect, misleading, or fabricated is guilty of a misdemeanor punishable by a fine of not more than $10,000.00 for each violation and imprisonment for not more than 1 year, or both.

Sec. 12821. (1) Beginning on the effective date of the amendatory act that added this part, the owner of an onsite wastewater treatment system shall arrange for an onsite wastewater treatment system inspection to be conducted in accordance with subsection (2) at least once every 5 years or if any of the following occur:

(a) A complaint is filed with the local health department or the department based on a suspected failure of the system and the local health department or the department determines that there is reasonable cause to require an inspection to be conducted.

(b) A change in use is proposed that increases use of an existing onsite wastewater treatment system.

(c) The owner of the property on which a system is located applies for a building permit for construction of a structure or an addition to a structure.

(2) An onsite wastewater treatment system inspection required under subsection (1) must be conducted by the department, authorized local health department, or registered inspector. The owner of the system may have the septic tank pumped out not more than 30 days before an onsite wastewater treatment system inspection is conducted under this section. The individual conducting the onsite wastewater treatment system inspection shall do all of the following:

(a) Identify the size and condition of the septic tank or tanks.

(b) Before conducting any pumping, document the level of effluent in the septic tank or tanks.

(c) Pump out the septic tank or tanks, unless the owner of the system had the septic tank or tanks pumped out before the onsite wastewater treatment system inspection in accordance with this subsection.

(d) Verify that all sanitary sewage-related plumbing fixtures are connected to the septic tank or tanks.

(e) Locate, expose, open, and inspect the septic tank or tanks and pumping chambers associated with the system.

(f) Inspect the enhanced treatment unit that exists as part of an alternative system, if applicable.

(g) Locate, determine the size of, and observe the subsurface dispersal system to determine its condition.

(h) Observe the general area that includes the treatment and dispersal system for evidence of system failure or other factors that may influence proper operation.

(i) Inspect for an illicit discharge to the surface of the ground, surface water, or drain.

(j) Document evidence of a failure of the onsite wastewater treatment system and whether the failure is causing an imminent danger.

(k) Prepare an inspection report of the information gathered under this subsection.

(3) Within 21 days after the onsite wastewater treatment system inspection is completed, the individual conducting the inspection shall do both of the following:

(a) Prepare an inspection report that details the findings of the onsite wastewater treatment system inspection.

(b) Provide a written or electronic copy of the inspection report to the owner of the onsite wastewater treatment system and to the authorized local health department or the department.

(4) If an inspection report under subsection (3) identifies the need for the tank or tanks to be pumped, the owner of the onsite wastewater treatment system shall have the system pumped by a septage waste hauler licensed under part 117 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.11701 to 324.11721, within 30 days after the inspection report is received under subsection (3).

(5) If an inspection report under subsection (3) identifies evidence of failure causing an imminent public health hazard, the owner of the onsite wastewater treatment system shall remedy the failure within 6 months after the inspection report is received under subsection (3) and as directed by the authorized local health department or the department. An owner that violates this subsection is subject to a civil fine of not more than $1,000.00 for each 30-day period that the onsite wastewater treatment system remains in failure. The prosecutor of the county in which the violation occurred or the attorney general may bring an action to collect the fine.

(6) An onsite wastewater system inspection that is conducted under this section is valid for a 5-year period as long as there is no change to the use of the onsite wastewater treatment system or a failure of the system during that period.

(7) The department or an authorized local health department shall charge a reasonable fee not to exceed the costs of conducting an onsite wastewater treatment system inspection.

(8) In addition to the fee charged for conducting an onsite treatment system inspection under subsection (7), the department, authorized local health department, or registered inspector, as applicable, shall charge an additional $25.00 state administrative fee. State administrative fees must be forwarded to the department on an annual basis by October 1 of every year. The department shall forward all fees it receives under this section to the state treasurer for deposit into the fund.

Sec. 12823. (1) Beginning January 1, 2026, an onsite wastewater treatment system inspection under this part shall be conducted only by the department, registered inspector, or qualified local health department staff. To qualify as a registered inspector or to conduct an onsite wastewater treatment system inspection, an individual shall meet the educational and training requirements established in the statewide code.

(2) Subject to subsection (3), to apply to become a registered inspector, an individual shall submit an application on a form and in a manner prescribed by the department. The department may charge a $180.00 application fee to cover the department's costs under this section. An application fee collected under this section must be forwarded to the state treasurer for deposit into the fund.

(3) If an organization or authorized local health department has a program to qualify inspectors of onsite wastewater treatment systems, the department may, upon review of the program, approve the program and accept those inspectors as meeting the registration requirements under this section. An individual registered under this subsection shall thereafter meet department requirements as specified in the statewide code and pay the application fee.

(4) The department shall review the registrations under this section once every 3 years and renew a registration for any individual who continues to meet the requirements under this section.

(5) A registration under this section may be denied, suspended, or revoked following a contested case hearing as provided in the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, for any of the following reasons:

(a) The use of fraud or deceit in obtaining or renewing registration.

(b) Any act of gross negligence, incompetence, or misconduct in conducting or reporting on an onsite wastewater treatment system inspection.

(d) Submission of an inspection report that knowingly is based upon false, incorrect, misleading, or fabricated information.

(e) Failure to pay required fees.

(6) The department shall maintain a list of individuals registered under this section and make the list available on the department's website.

Sec. 12825. (1) The department shall develop and make available onsite wastewater treatment system inspection report forms for use in documenting the results of onsite wastewater treatment system inspections conducted under section 12821.

(2) The department shall make available and maintain an onsite wastewater treatment system electronic database for recording and tracking the results of onsite wastewater treatment system inspections. When the onsite wastewater treatment system electronic database is available, the department may require the person conducting the onsite wastewater treatment system inspection to electronically enter the report information into the database in lieu of the written report. The database must not include personal information related to the owner of an onsite wastewater treatment system.

Sec. 12827. The department may enter into agreements, contracts, or cooperative arrangements with appropriate authorized local health departments or other persons for the purpose of administering this part. To the extent a local health department is not authorized to administer this part, the department shall implement this part. To implement this part, the department may contract with another authorized local health department or other qualified person.

Sec. 12831. (1) A local unit of government, county, or local health department shall not adopt a point of sale ordinance related to onsite wastewater treatment.

(2) If a local unit of government or local health department has already adopted a point of sale ordinance to require inspections of onsite wastewater treatment systems, the point of sale ordinance must be phased out or repealed within 1 year after the effective date of the amendatory act that added this part.

(3) If a county has already adopted a point of sale ordinance to require inspections of onsite wastewater treatment systems, the point of sale ordinance must be phased out or repealed within 7 years after the effective date of the amendatory act that added this part.

(4) As used in this section, "local unit of government" means a township, city, or village in this state.

Sec. 12833. The department, under part 41 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.4101 to 324.4113, and this act, and local health departments under this act, have exclusive jurisdiction over the regulation, permitting, and inspection of onsite wastewater treatment systems.

Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.

Enacting section 2. This amendatory act does not take effect unless Senate Bill No.____ or House Bill No. 4480 (request no. 01866'23 a) of the 102nd Legislature is enacted into law.