Bill Text: MI SB0045 | 2009-2010 | 95th Legislature | Introduced
Bill Title: Environmental protection; sewage; on-site wastewater treatment systems; regulate. Amends 1994 PA 451 (MCL 324.101 - 324.90106) by adding pt. 50.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Introduced - Dead) 2009-01-27 - Referred To Committee On Natural Resources And Environmental Affairs [SB0045 Detail]
Download: Michigan-2009-SB0045-Introduced.html
SENATE BILL No. 45
January 27, 2009, Introduced by Senators BIRKHOLZ, ALLEN, PAPPAGEORGE and KAHN and referred to the Committee on Natural Resources and Environmental Affairs.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
(MCL 324.101 to 324.90106) by adding part 50.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
PART 50 ON-SITE WASTEWATER TREATMENT SYSTEMS
Sec. 5001. As used in this part:
(a) "Advisory council" means the on-site wastewater treatment
system advisory council created in section 5010.
(b) "Alternative system" means an on-site wastewater treatment
system that is not a conventional system and provides for an
equivalent or better degree of protection for public health and the
environment, through uniform distribution of effluent to the final
disposal system or enhanced treatment prior to final disposal, or a
combination of these methods.
(c) "Conventional system" means an on-site wastewater
treatment system for treating sanitary sewage that utilizes a
septic tank and that provides nonuniform distribution of effluent
to subsurface soil.
(d) "Department" means the department of environmental
quality.
(e) "Inspector" means an employee of an authorized local
health department or other individual certified under section 5007
to conduct inspections of conventional systems or alternative
systems, or both.
(f) "Local health department" means a local health department
as defined in section 1105 of the public health code, 1978 PA 368,
MCL 333.1105.
(g) "On-site wastewater treatment system" means a system
relying on natural processes or mechanical components to collect,
treat, and discharge or reclaim wastewater from 1 or more dwellings
or buildings, including individual systems, community systems, and
commercial systems that use subsurface dispersal.
(h) "Sanitary sewage" means water and contaminants discharged
from sanitary conveniences, including bathroom, kitchen, and
household laundry fixture of dwellings, office buildings,
industrial plants, commercial buildings, and institutions. Sanitary
sewage does not include commercial laundry wastes and wastes from
industrial and commercial processes.
(i) "Technical committee" means the alternative system
technical advisory committee established in section 5011.
Sec. 5002. Beginning January 1, 2010, if a person enters into
a contract for the performance of an inspection of a conventional
system or an alternative system, that person shall contract for
that inspection with a certified inspector.
Sec. 5003. Beginning January 1, 2010, the owner of the
following on-site wastewater treatment systems shall obtain an
inspection of the on-site wastewater treatment systems by an
inspector at least every 10 years:
(a) A conventional system or an alternative system that
provides for uniform distribution of effluent only, that was
permitted for use by a local health department on or after January
1, 2010.
(b) A conventional system or an alternative system that
provides for uniform distribution of effluent only that has been
determined by a local health department to pose a threat to public
health or safety.
(c) A conventional system or an alternative system that
provides for uniform distribution of effluent only, that has been
inspected on or after January 1, 2010.
Sec. 5004. In conducting an inspection of a conventional
system, an inspector shall do all of the following:
(a) Locate, expose, open, and inspect the septic tank
associated with the system.
(b) Observe the surrounding area looking for surface drainage
problems or evidence of a drain field malfunction.
(c) Check for locations of an illicit discharge such as to a
waterway, wetland, ditch, or subsurface drain.
(d) Locate the drain field.
(e) Assess whether the system is exhibiting any of the
following:
(i) Evidence of backup of sewage into a structure.
(ii) Evidence of a discharge of effluent onto the ground or
into a water body.
(iii) A liquid level in the septic tank that is above the
outlet.
(iv) A structural failure of the septic tank.
Sec. 5005. In conducting an inspection of an alternative
system, an inspector shall assess both of the following:
(a) Whether the alternative system is functioning in the
manner that it was designed to function.
(b) Whether the alternative system is causing a threat to
public health or safety.
Sec. 5006. (1) The department, in consultation with the
advisory council, shall develop and make available on its website
an inspection report form for use in documenting the results of an
inspection of a conventional system and a report form for use in
documenting the results of an inspection of an alternative system.
(2) An inspector who conducts an inspection of an on-site
wastewater treatment system shall prepare an inspection report that
describes the results of the inspection. The inspector shall
provide a copy of the inspection report to the owner of the on-site
wastewater treatment system and the local health department with
jurisdiction over the location of the on-site wastewater treatment
system.
(3) Local health departments shall collaborate on establishing
compatible formats for maintaining records of inspection reports.
Sec. 5007. (1) Except as provided in subsection (2), beginning
January 1, 2010, an individual shall not conduct an inspection of a
conventional system or an alternative system unless the individual
has been certified by a local health department, the department, or
an organization approved by the department to conduct inspections
of conventional systems or alternative systems, as applicable. The
department shall approve a local health department or an
organization that provides certification for inspectors if the
department determines that the organization requires minimum levels
of education and experience in order to conduct the inspections and
requires an appropriate level of continuing education.
(2) A person who, prior to January 1, 2010, was determined to
be qualified to conduct inspections of conventional systems or
alternative systems by a local health department shall be
considered to be certified under subsection (1) to conduct
inspections for which the person is qualified within the territory
of that local health department.
Sec. 5008. (1) Beginning July 1, 2010, a person shall not
install an alternative system unless that type of alternative
system has been approved for use in this state by the department.
(2) A person may apply for approval of a particular type of
alternative system under subsection (1) by submitting an
application to the department in a format and containing the
information required by the department. Within 30 days of receipt
of an application, the department shall review an application and
determine whether it is administratively complete. Within 60 days
after receipt of an administratively complete application, the
department shall approve or disapprove a particular type of
alternative system for use in this state. In reviewing an
application under this section, the department shall rely upon
relevant guidance documents prepared by the technical committee. If
the department approves the use of an alternative system, the
department shall identify the appropriate characteristic soils,
site conditions, and operating conditions in which the alternative
system may be used. The department shall also determine the
frequency of inspections that are required for the alternative
system. The department may charge a fee for the review of
applications under this section.
(3) Unless a person has obtained a groundwater discharge
permit under part 31 for the use of an alternative system, the
person shall not install an alternative system unless he or she has
received a permit from the local health department in which the
alternative system is proposed to be located. If a local health
department administers an alternative system permit program within
its jurisdiction, the local health department shall approve the
installation of an alternative system if all of the following
conditions are met:
(a) The type of alternative system has been approved for use
by the department.
(b) The soils, site conditions, and operating conditions at
the location are appropriate for the use of the alternative system
as established by the department.
(c) The alternative system will be subject to inspections by
an inspector certified to inspect alternative systems or the
department in accordance with requirements of the department.
Sec. 5009. (1) The department may collaborate with interested
organizations such as the Michigan 4-H youth conservation council
and the Michigan state university extension in reviewing existing
educational materials and approving or developing additional
educational materials, including a multimedia educational campaign,
regarding the proper maintenance of on-site wastewater treatment
systems and the consequences to public health and the environment
from the failure to properly maintain on-site wastewater treatment
systems. The department may make these educational materials
available for copying and distribution to owners of on-site
wastewater treatment systems and to septage waste servicers and
inspectors. The department shall also make the educational
materials available on the department's website.
(2) The department may specifically identify 1 or more sets of
educational materials that may be distributed by inspectors at the
time that they conduct inspections under this part.
Sec. 5010. (1) The on-site wastewater treatment system
advisory council is created within the department.
(2) The advisory council shall consist of the following
members:
(a) Four members appointed by the senate majority leader as
follows:
(i) A representative of a local health department who is
directly involved in daily inspections and site visits.
(ii) A director of environmental health in a local health
department.
(iii) A licensed professional engineer who is involved in
designing on-site wastewater treatment systems.
(iv) An engineer or soil scientist staff member from a college
or university.
(b) Four members appointed by the speaker of the house of
representatives as follows:
(i) An operator of an on-site wastewater treatment system.
(ii) A contractor who installs on-site wastewater treatment
systems.
(iii) A manufacturer's representative or equipment distributor
of components commonly used in on-site wastewater treatment
systems.
(iv) A representative of an organization of licensed
residential home builders.
(c) Four members appointed by the governor as follows:
(i) A representative of an organization of licensed real estate
agents.
(ii) A resident of a residential community that is served by a
community on-site wastewater treatment system.
(iii) A representative of a local unit of government.
(iv) A representative of an environmental or conservation
association.
(3) The members first appointed to the advisory council shall
be appointed within 60 days after the effective date of the
amendatory act that added this section.
(4) Members of the advisory council shall serve for terms of 4
years or until a successor is appointed.
(5) A vacancy on the advisory council shall be filled for the
unexpired term in the same manner as the original appointment.
(6) A member of the advisory council may be removed for
incompetency, dereliction of duty, malfeasance, misfeasance, or
nonfeasance in office, or any other good cause.
(7) The first meeting of the advisory council shall be called
by the department. At the first meeting, the advisory council shall
elect from among its members a chairperson and other officers as it
considers necessary or appropriate. After the first meeting, the
advisory council shall meet at least quarterly, or more frequently
at the call of the chairperson or if requested by 5 or more
members.
(8) A majority of the members of the advisory council
constitute a quorum for the transaction of business at a meeting of
the advisory council. A majority of the members present and serving
are required for official action of the advisory council.
(9) The business that the advisory council may perform shall
be conducted at a public meeting of the advisory council held in
compliance with the open meetings act, 1976 PA 267, MCL 15.261 to
15.275.
(10) A writing prepared, owned, used, in the possession of, or
retained by the advisory council in the performance of an official
function is subject to the freedom of information act, 1976 PA 442,
MCL 15.231 to 15.246.
(11) Members of the advisory council shall serve without
compensation. However, members of the advisory council may be
reimbursed for their actual and necessary expenses incurred in the
performance of their official duties as members of the advisory
council.
(12) The advisory council shall do all of the following:
(a) Within 1 year after the effective date of the amendatory
act that added this section, review and make recommendations on the
establishment and funding for a statewide database to document the
locations of on-site wastewater treatment systems and problems
associated with them that may adversely affect the waters of the
state.
(b) Study and make recommendations for a statewide sewage
code.
(c) Study and make recommendations for a certification program
for inspectors.
(d) Study and make recommendations for additional regulations
to further improve water quality related to the use of on-site
wastewater treatment systems.
(e) Study and make recommendations for training or
certification of installers of on-site wastewater treatment
systems.
Sec. 5011. (1) The alternative system technical advisory
committee is created within the department.
(2) The technical committee shall consist of the following
members:
(a) Two members appointed by the senate majority leader as
follows:
(i) A representative of a local health department who is
directly involved in daily inspections and site visits.
(ii) A director of environmental health in a local health
department.
(b) Two members appointed by the speaker of the house of
representatives as follows:
(i) A licensed professional engineer who is involved in
designing on-site wastewater treatment systems.
(ii) An engineer or soil scientist staff member from a college
or university.
(c) Three members appointed by the governor as follows:
(i) An operator of an on-site wastewater treatment system.
(ii) A contractor who installs on-site wastewater treatment
systems.
(iii) A manufacturer's representative or equipment distributor
of components commonly used in on-site wastewater treatment
systems.
(d) A representative of the department.
(3) The members first appointed to the technical committee
shall be appointed within 60 days after the effective date of the
amendatory act that added this section.
(4) Members of the technical committee shall serve for terms
of 4 years or until a successor is appointed.
(5) A vacancy on the technical committee shall be filled for
the unexpired term in the same manner as the original appointment.
(6) A member of the technical committee may be removed for
incompetency, dereliction of duty, malfeasance, misfeasance, or
nonfeasance in office, or any other good cause.
(7) The first meeting of the technical committee shall be
called by the department. At the first meeting, the technical
committee shall elect from among its members a chairperson and
other officers as it considers necessary or appropriate. After the
first meeting, the technical committee shall meet at least
quarterly, or more frequently at the call of the chairperson or if
requested by 4 or more members.
(8) A majority of the members of the technical committee
constitute a quorum for the transaction of business at a meeting of
the technical committee. A majority of the members present and
serving are required for official action of the technical
committee.
(9) The business that the technical committee may perform
shall be conducted at a public meeting of the technical committee
held in compliance with the open meetings act, 1976 PA 267, MCL
15.261 to 15.275.
(10) A writing prepared, owned, used, in the possession of, or
retained by the technical committee in the performance of an
official function is subject to the freedom of information act,
1976 PA 442, MCL 15.231 to 15.246.
(11) Members of the technical committee shall serve without
compensation. However, members of the technical committee may be
reimbursed for their actual and necessary expenses incurred in the
performance of their official duties as members of the technical
committee.
(12) The technical committee shall do both of the following:
(a) Not later than 1 year after the effective date of the
amendatory act that added this section, prepare and recommend to
the department guidance documents for the use of alternative system
technologies.
(b) Study and make recommendations to the department on a
maintenance and inspection protocol for alternative systems.
Sec. 5012. A person who violates this part is responsible for
a state civil infraction and may be ordered to pay a civil fine of
not more than $500.00.
