Bill Text: MI SB0299 | 2023-2024 | 102nd Legislature | Engrossed
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: SB 0300'23
Spectrum: Partisan Bill (Democrat 8-0)
Status: (Engrossed) 2024-12-13 - Referred To Committee On Government Operations [SB0299 Detail]
Download: Michigan-2023-SB0299-Engrossed.html
Substitute For
SENATE BILL NO. 299
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending sections 12751, 12752, 12757, and 12771 (MCL 333.12751, 333.12752, 333.12757, and 333.12771), section 12751 as amended and section 12757 as added by 1980 PA 421, and by adding part 128.
the people of the state of michigan enact:
Sec. 12751. As used in sections 12752 to 12758:
(a) "Acceptable alternative greywater system" means a system class of alternative systems for the treatment and disposal of waste water which normally does wastewater that do not receive human body wastes or industrial waste and is are approved for use by a local health department.
(b) "Acceptable innovative or alternative waste treatment system" means a decentralized or individual class of alternative waste treatment system which systems that has been are approved for use by a local health department and which is are properly operated and maintained so as not to cause a health hazard or nuisance. An acceptable innovative or alternative waste treatment system may include, but is not limited to, an organic waste treatment system or compost toilet which that operates on the principle of decomposition of heterogeneous organic materials feces or other excreta from the human body by aerobic and facultatively anaerobic organisms and utilizes an effectively aerobic composting process which that produces a stabilized humus. Acceptable innovative or alternative waste treatment system does not include a septic tankdrain field tank and soil dispersal system or any other system which that is determined by the department to pose a similar threat to the public health, safety, and welfare, and the quality of surface and subsurface waters of this state.
(c) "Available public sanitary sewer system" means a public sanitary sewer system located in a right of way, easement, highway, street, or public way which that crosses, adjoins, or abuts upon on the property and passing not more than 200 feet at the nearest point from a structure in which sanitary sewage originates.
(d) "Department" means the department of environment, Great Lakes, and energy.
(e) "Holding tank" means a system that utilizes all of the following to collect sanitary sewage:
(i) A septic tank with no outlet and that does not allow clarified liquid effluent to discharge for additional treatment by a soil dispersal system.
(ii) The services of a person engaged in septage waste servicing.
(iii) Offsite disposal treatment at approved locations in accordance with part 117 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.11701 to 324.11721.
(f) (d) "Person" means a person as defined in section 1106 or a governmental entity.
(g) "Premises" means a physical property or tract of land and any component parts, such as buildings, dwellings, or fixtures attached to it, grounds, or easements.
(h) (e) "Public sanitary sewer system" means a sanitary sewer or a combined sanitary and storm sewer used or intended for use by the public for the collection and transportation of sanitary sewage for treatment or disposal.
(i) (f) "Structure in which sanitary sewage originates" or "structure" means a building in which toilet, kitchen, laundry, bathing, or other facilities which that generate water-carried sanitary sewage are used or are available for use for household, commercial, industrial, or other purposes.
(j) "Violation notice" means a written notice or formal enforcement action by the department or local health department in response to a violation of this part or part 128.
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 recognized as a cost-effective, long-term option for meeting public health and water quality goals when the onsite wastewater treatment system is properly managed. When an onsite wastewater treatment system is not properly managed, 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; may constitute a nuisance; 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 and premises or structures that are not connected to a public sanitary sewer system are subject to regulation under part 128. Local health departments shall implement and enforce this part and any rules promulgated under this part, except sections 12753, 12754, and 12756, unless otherwise delegated, and part 128 and rules promulgated under that part under any applicable provisions of this act.
(3) The department or a local health department may inspect, evaluate, investigate, or authorize an inspection, evaluation, or investigation to be made, to ensure compliance with this part and part 128. The right for a local health department to inspect or investigate, as provided under section 2446, applies to the department and a local health department when utilized in this part and part 128. The rights and responsibilities pertaining to the department of health and human services obtaining a warrant, as provided under sections 2241 to 2247, also apply to either the department or a local health department when utilized in accordance with this part and part 128. At any reasonable time, an authorized representative of the department or local health department may enter on private or public property for the purpose of inspecting and investigating conditions or practices that may be in violation of this part or part 128. An investigation or inspection under this subsection must comply with the United States Constitution and the state constitution of 1963. Failure to comply with requests to inspect or investigate is subject to a violation notice issued by the department and further enforcement action, including when necessary, referral to the department of attorney general. The department or a local health department may collect reasonable fees as authorized by section 2444 for services associated with administering an onsite wastewater treatment program. The department or an authorized local health department shall add a $5.00 public education and training fund fee to the application fees collected under this subsection. A public education and training fund fee collected under this subsection by a local health department must be forwarded to the department quarterly.
(4) The public education and training fund is created as a revolving fund in the department of treasury. The state treasurer shall deposit the public education and training fund fees collected under subsection (3) and money from any other source into the public education and training fund. The state treasurer shall direct the investment the public education and training fund and credit to the fund interest and earnings from fund investments. Money that remains in the public education and training fund at the end of the fiscal year carries forward into the next fiscal year. The department is the administrator of the public education and training fund and shall expend money from the fund to provide both of the following:
(a) Public education and outreach regarding onsite wastewater treatment systems.
(b) Training to local health departments, evaluators, the department, and agents of the department.
(5) All of the following are subject to, and any person is responsible for, the requirements described under this part and part 128:
(a) A premises or structure.
(b) An outhouse, as that term is defined in section 12771.
(c) An innovative waste treatment system described under section 12757.
(d) An onsite wastewater treatment system.
(e) The owner of or a person that is responsible for any of the items described under subdivisions (a) to (d).
(6) An owner of an onsite wastewater treatment system is responsible to respond and remedy nuisances or conditions that meet the definition of failure in compliance with this part and part 128, and the rules promulgated under section 12817.
(7) As used in this section, "failure" and "onsite wastewater treatment system" means those terms as defined in section 12801.
Sec. 12757. (1) Notwithstanding sections 12752 to 12756 and part 128, a person may install and use in a structure an acceptable innovative or alternative waste treatment system or an acceptable innovative or alternative waste treatment system in combination with an acceptable alternative greywater system. The installation and use of an acceptable innovative or alternative waste treatment system or an acceptable innovative or alternative waste treatment system in combination with an acceptable alternative greywater system in a structure shall be is subject to regulation by the local health department in accordance with the statewide sewage code promulgated under section 12817, and the ordinances and regulations of the local units of government in which the structure lies. is located. A local health department may inspect each acceptable innovative or alternative waste treatment system within its jurisdiction at least once each year to determine if it is being properly operated and maintained. A local health department may charge the owner of an acceptable innovative or alternative waste treatment system a reasonable fee for such an inspection and for the plan review and installation inspection. A copy of the approved application or permit to install and use an alternative acceptable innovative waste treatment system and a copy of each maintenance inspection report shall must be forwarded to the department and to the local unit of government and local health department in which the structure lies. is located. The department shall maintain a record of approved alternative systems an approved acceptable innovative waste treatment system and their its maintenance and operation.
(2) The department , after consultation with the state plumbing board, shall adopt guidelines promulgate rules under section 12817 to assist local health departments in determining what are acceptable alternative greywater systems and what are acceptable innovative or alternative waste treatment systems. The department shall advise local health departments regarding the appropriate installation and use of acceptable innovative or alternative waste treatment systems and acceptable innovative or alternative waste treatment systems in combination with acceptable alternative greywater systems.
(3) A person who that installs and uses an acceptable innovative or alternative waste treatment system or an acceptable innovative or alternative waste treatment system in combination with an acceptable alternative greywater system shall is not be exempt from any a special assessments assessment levied by a local unit of government for the purpose of financing the construction of an available public sanitary sewer system.
(4) Notwithstanding sections 12752 to 12756 and part 128, an owner of a structure using that uses an acceptable innovative or alternative waste treatment system in combination with an acceptable alternative greywater system shall is not be required to connect to an available public sanitary sewer system.
(5) An owner who of a structure that uses an acceptable innovative wastewater treatment system that does not connect to an available public sanitary sewer system pursuant to under subsection (4) , shall is not be required to pay a connection or user fees fee to a local unit of government except those a connection or user fees which are fee that is allocated for financing of the construction of an available public sanitary sewer system. In lieu Instead of a connection or user fees, fee, an owner may be required by the local unit of government to pay a sewer availability fee if that fee is to be used for the purpose of paying a proportionate share of financing the construction of an existing available public sanitary sewer system. The exemption from the payment of a connection or user fees fee under this subsection shall does not apply to an owner connected to an available public sanitary sewer system on the effective date of this act.or before March 31, 1981.
(6) A local unit of government may exempt an owner of a parcel proposing to use an acceptable innovative or alternative waste treatment system in combination with an acceptable alternative greywater system from connection or user fees related to the financing, construction, use, or maintenance of an available public sanitary sewer system.
Sec. 12771. (1) A person shall not maintain, or permit allow to be maintained, on premises owned or controlled by the person an outhouse unless the outhouse is kept in a sanitary condition, and constructed and maintained in a manner which that will not injure or endanger the public health.
(2) The Except as otherwise provided in this subsection, the department shall promulgate rules governing the construction and maintenance of outhouses to safeguard the public health and to prevent the spread of disease and the existence of sources of contamination. The statewide sewage code promulgated under section 12817 supersedes administrative rules promulgated under this subsection, as applicable.
(3) A person who that violates this section is guilty of a misdemeanor. An outhouse not constructed or maintained as required by this section or the rules promulgated pursuant to in accordance with this section shall be is considered a public nuisance.
(4) As used in this section, "outhouse" means a building or other structure not connected with to a sewer system or with a properly installed and operated sewage disposal soil dispersal system, and which is used for the reception, disposition, or storage, either temporarily or permanently, of feces or other excreta from the human body.
PART 128. ONSITE WASTEWATER TREATMENT SYSTEMS
Sec. 12801. (1) As used in this part:
(a) "Alternative system" means a category of onsite wastewater treatment systems that are not conventional systems and that provide 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 a construction permit and any required operating permits have been issued by the department or a 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 and part 127 under section 12803 for conventional systems and section 12805 for alternative systems.
(d) "Baffle" means a precast or preconstructed component of a septic tank that serves to redirect, divert, or impede the flow of wastewater through the septic tank in a beneficial manner.
(e) "Change in use or an increase in use" means a new or increased use of the groundwater of this state for disposal of sanitary sewage through an onsite wastewater treatment system, including 1 or more of the following:
(i) Connection of a new structure to an existing onsite wastewater treatment system.
(ii) Increase in use of the structure resulting in an increased sanitary sewage flow rate that exceeds the system design capacity.
(iii) Change in purpose for which a structure or portion of a structure is utilized or occupied between residential, nonresidential, or another type of nonresidential use or occupancy.
(iv) Increase in the wastewater effluent strength.
(v) Any other change or increase in use that may affect the ability of the onsite wastewater treatment system to function as intended or perform as designed.
(f) "Construction permit" means a permit to install, construct, alter, or repair an onsite wastewater treatment system.
(g) "Conventional system" means a category of onsite wastewater treatment system that contains a watertight septic tank and soil dispersal system that depends solely on subsurface soil for treatment and dispersal and does not include any components of an approved alternative technology.
(h) "Department" means the department of environment, Great Lakes, and energy.
(i) "Effluent" means liquid flowing out of a component or device.
(j) "Elements of a nonconforming system" means the presence of 1 or more of the following that may, as determined by an authorized local health department, lead to a failure or improper functioning of the onsite wastewater treatment system:
(i) Evidence of compaction or settling in the area of the onsite wastewater treatment system that limits drainage in the area of the system on the parcel, and rain and snow melt cannot percolate through the system.
(ii) The soil dispersal system is hydraulically saturated.
(iii) Evidence of missing or damaged appurtenances of the onsite wastewater treatment system.
(iv) Excessive biomatting is noted in 2 or more core samples performed across the soil dispersal system indicating that the soil is no longer accepting effluent at a sufficient rate of infiltration.
(v) Evidence of sustained operating levels within the septic tank above the invert of the septic tank outlet.
(vi) The system includes a proprietary product or nonproprietary technology that meets the definition of an alternative system but that was not included in the construction permit.
(vii) The system is located too close to a drinking water supply well or surface waters as determined by the rules promulgated under section 12817.
(viii) The system has insufficient soil depth below the soil dispersal system to provide adequate wastewater treatment before dispersal to the groundwater.
(ix) Other conditions that may reasonably be expected to alter the intended functionality of the onsite wastewater treatment system.
(k) "Evaluator" means an individual registered under section 12823.
(l) "Experimental onsite wastewater treatment system" means a class of alternative onsite wastewater treatment system that is in experimental use and requires further testing in order to provide sufficient information to determine its acceptability.
(m) "Failure" means a malfunction or condition of an onsite wastewater treatment system consisting of 1 or more of the following, as determined by an authorized local health department:
(i) A discharge of sanitary sewage to the surface of the ground.
(ii) A discharge of sanitary sewage or effluent into surface water, storm drains, 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 a structure.
(iv) A structural failure or leaking of a septic tank or tanks or other associated components and appurtenances.
(v) A discharge of treated wastewater that does not comply with applicable standards established in the statewide sewage code.
(vi) An illicit connection or illicit discharge.
(vii) An absence of all or a key part of an onsite wastewater treatment system, as determined in accordance with the statewide sewage code.
(viii) The discharge of sanitary sewage or effluent is endangering a public or private water supply.
(ix) The inability to access key parts of the onsite wastewater treatment system.
(x) The authorized local health department determines that the elements of a nonconforming system contribute to the overall failure of the onsite wastewater treatment system in accordance with the statewide sewage code.
(n) "Fund" means the onsite wastewater treatment system administration fund created in section 12829.
(o) "Groundwater" means water in the ground that is in the zone of saturation.
(p) "Illicit connection" means a physical, constructed connection that allows the bypassing of required treatment by an onsite wastewater treatment system in violation of law.
(q) "Illicit discharge" means any direct or indirect discharge of sanitary sewage in violation of law.
(r) "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.
(s) "Maintenance" means routine or periodic action taken to ensure proper system performance, extend system longevity, and ensure a system meets performance requirements as designed, including servicing the system through cleaning, septic tank pumping, effluent filter cleaning or replacements, flushing laterals, vegetation removal, effluent sampling if applicable, adjustments to subcomponents, and other actions as recommended by a product manufacturer and in accordance with the statewide sewage code.
(t) "Management" means the siting, design, construction, installation, inspection, operation, maintenance, alteration, evaluation, rejuvenation, closure, and repair of onsite wastewater treatment systems to ensure that onsite wastewater treatment systems meet required performance standards established in the statewide sewage code and are protective of public health and the environment.
(u) "Minor repair" means the act of fixing or replacing substandard or damaged subcomponents, such as septic tank access lids, safety devices, risers, septic tank outlet baffle or outlet devices, switches, solid piping located outside the soil dispersal system, pumps, valves, and other subcomponents as determined in accordance with the statewide sewage code.
(v) "Nonproprietary technology" means a wastewater treatment or distribution technology, method, or product not subject to a patent or trademark.
(w) "Onsite wastewater treatment system" or "system" means a system of components and appurtenances used, or intended to be used, to collect, hold, and treat less than 10,000 gallons per day of sanitary sewage through 1 of the following methods:
(i) Subsurface discharge to a soil dispersal system.
(ii) Subsurface discharge to another system meeting the requirements of the statewide sewage code.
(iii) A holding tank, outhouse, innovative system, or other component that collects and stores sanitary sewage until being transported to an approved location for the necessary final dispersal or final treatment.
(x) "Onsite wastewater treatment system evaluation" or "evaluation" means an assessment of the sanitary sewage handling methods where a premises or structure is not connected to a public sanitary sewer system or an evaluation of an onsite wastewater treatment system conducted under section 12821.
(y) "Operating level" means the elevation of effluent in a tank. For a septic tank, operating level is determined by the invert of the outlet piping.
(z) "Operating permit" means a renewable and revocable permit, if required, to operate and maintain an onsite wastewater treatment system in compliance with specific operational or performance requirements.
(aa) "Outlet device" means any fixture on or around the outlet pipe of a septic tank that serves to slow down, divert, screen, or otherwise control the flow of effluent out of the septic tank.
(bb) "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.
(cc) "Proprietary product" means a treatment or distribution product held under a patent or trademark that significantly contributes to the treatment, performance, and attainment of effluent quality or dispersal objectives.
(dd) "Public sanitary sewer system" means that term as defined in section 12751 that is operated by a local unit of government.
(ee) "Sanitary sewage" means treated or untreated waste that contains 1 or more of the following:
(i) Feces or other excreta from the human body.
(ii) Waste generated as a result of food service establishment activities.
(iii) Waste generated from sanitary conveniences, including, but not limited to, toilets, urinals, sinks, showers, bathtubs, dishwashers, garbage grinders, and household laundry fixtures available for use associated with office, industrial, commercial, recreational, institutional, or other purposes.
(iv) Additional domestic flow generated as part of a household activity.
(ff) Sanitary sewage does not include roof runoff, building footing drain, wastes from industrial or commercial processes, and stormwater.
(gg) "Septic tank" means a watertight, covered receptacle for collection and treatment of sanitary sewage that does all of the following:
(i) Receives the discharge of sanitary sewage.
(ii) Separates settleable and floating solids from the liquid.
(iii) Digests organic matter by anaerobic bacterial action.
(iv) Stores digested solids through a period of detention.
(v) Allows clarified liquid effluent to discharge for additional treatment by components and appurtenances, such as a soil dispersal system.
(vi) Attenuates flows.
(hh) "Soil dispersal system" means a method in which septic tank effluent or treated effluent is distributed by a network of piping or other approved material to an approved method of subsurface dispersal.
(ii) "Statewide sewage code" means the rules promulgated under section 12817 providing for the management of onsite wastewater treatment systems.
(jj) "Structure in which sanitary sewage originates" or "structure" means a building in which toilet, kitchen, laundry, bathing, or other facilities that generate water-carried sanitary sewage are used or are available for use for household, commercial, industrial, or other purposes.
(kk) "Surface water" means that term as defined in section 3112a of the natural resources and environmental protection act, 1994 PA 451, MCL 324.3112a.
(ll) "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. (1) Not later than 180 days after the department promulgates rules under section 12817, a local health department shall create a plan to implement and administer this part and part 127 for the management of conventional systems and submit the plan to the department for authorization. Not later than 120 days after the local health department submits the plan to the department, the department shall review the plan to ensure the plan conforms to the requirements in the statewide sewage code and provide corrective guidance as necessary, and authorize the local health department to administer this part for conventional systems. Not later than 1 year after the department promulgates rules under section 12817, the local health department shall implement the approved plan to administer this part for conventional systems. The local health department shall do all of the following:
(a) Follow the standards established under this part, in accordance with section 2441, for the purposes of carrying out the responsibilities of this part and the statewide sewage code, including authority to do all of the following:
(i) Conduct preconstruction site evaluations, issue construction permits, ensure installations are performed by qualified individuals, as specified in the statewide sewage code, 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, part 127, or the rules promulgated under this part or part 127, or endanger public health or the environment.
(iii) Respond to complaints of failure of an onsite wastewater treatment system or improper discharge of sanitary sewage.
(iv) Ensure long-term maintenance of onsite wastewater treatment systems through construction permit requirements or the issuance of operating permits, if applicable, for the management of an onsite wastewater treatment system as described in rules promulgated under section 12817.
(v) Conduct evaluations under section 12821, as applicable.
(b) Maintain qualified staff to administer a conventional onsite wastewater treatment system program. Except as otherwise provided under subsection (2), a staff member shall meet the following minimum educational and training requirements to work independently in an onsite wastewater treatment system program:
(i) One of the following:
(A) 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.
(B) Meets the educational eligibility requirements for the registered environmental health specialist or registered sanitarian credential exam.
(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 the statewide sewage code, criteria for onsite wastewater treatment systems provided in state law and rules, or any successor state law and rules, the land division act, 1967 PA 288, MCL 560.101 to 560.293, and the condominium act, 1978 PA 59, MCL 559.101 to 559.276.
(iv) Conduct a minimum of 10 supervised preconstruction field or site evaluations of conventional onsite wastewater system designs and 10 supervised final inspections with senior staff or a supervisor.
(v) Conduct a minimum of 5 solo preconstruction field evaluations of onsite wastewater system designs and 5 solo final inspections demonstrating understanding of the conventional onsite wastewater treatment program as determined by senior staff or a supervisor.
(vi) Attend and observe a minimum of 2 complete onsite wastewater system installations.
(2) The following individuals are exempt from the requirements of subsection (1)(b):
(a) A staff member of an authorized local health department that has worked independently in an onsite wastewater treatment system program for at least 3 years before the effective date of the rules promulgated by the department under section 12817 and has demonstrated competency and knowledge of onsite wastewater treatment systems.
(b) A staff member that has limited duties within the onsite wastewater treatment system program, has demonstrated competency and knowledge, and is overseen by a sanitarian in accordance with the rules promulgated under section 12817. As used in this subdivision, "sanitarian" means that term as defined in section 18401.
Sec. 12805. (1) Not later than 180 days after the department promulgates rules under section 12817, a local health department shall create a plan to implement and administer this part and part 127 for the management of alternative systems and submit the plan to the department for authorization. Not later than 120 days after the local health department submits the plan to the department, the department shall review the plan to ensure the plan conforms to the requirements in the statewide sewage code and provide corrective guidance as necessary, and authorize the local health department to administer this part for alternative systems. Not later than 2 years after the department promulgates rules under section 12817, the local health department shall implement the approved plan to administer this part for alternative systems. The local health department shall do all of the following:
(a) Meet the requirements of section 12803.
(b) Follow the standards established under this part, in accordance with section 2441, 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 12807.
(iii) Ensure long-term maintenance of alternative systems through the issuance of operating permits after an operation and maintenance evaluation determines compliance.
(2) Existing local health department regulations or guidance for a particular type of alternative system remain in effect until minimum standards and criteria for that type of system are developed by the department in accordance with section 12813.
(3) 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 all 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 nonproprietary technology in accordance with the standards and guidance provided by the department in accordance with the statewide sewage 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 sewage code.
(c) An acceptable management plan is developed and includes operation and maintenance evaluations, in accordance with the statewide sewage code.
Sec. 12807. (1) A person shall not install, construct, alter, extend, repair, or replace an onsite wastewater treatment system unless the person has received a construction permit from the authorized local health department, and the department when applicable, 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. A person does not need a construction permit under this section for a minor repair to or to conduct maintenance on an onsite wastewater treatment system that can be managed as described in the rules promulgated under section 12817.
(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 and construct the system in accordance with the statewide sewage code.
(3) A person that fails to obtain a construction permit or comply with this part is subject to enforcement action by the local health department under section 12827.
(4) A governmental entity with building code authority shall not issue a building permit for a structure, residence, or facility served by an onsite wastewater treatment system unless 1 of the following is obtained from the authorized local health department:
(a) A construction permit for the onsite wastewater treatment system.
(b) An authorization for the continued use of the onsite wastewater treatment system.
(c) An authorization for a change in use or an increase in use of the existing onsite wastewater treatment system.
(5) A governmental entity with building code authority shall not issue a certificate of occupancy for a structure, residence, or facility served by an onsite wastewater treatment system unless an approved final inspection report has been issued by the authorized local health department or an authorization was obtained under subsection (4)(b) or (c).
(6) A governmental entity with building code authority that issues a building permit or certificate of occupancy without obtaining a permit or authorization required under subsection (4) or an approved final inspection report under subsection (5), as applicable, may be subject to an enforcement action by the department of licensing and regulatory affairs. The actions of the department of licensing and regulatory affairs under this subsection may include, but are not limited to, enforcement actions against a building official or inspector as provided under the skilled trades regulation act, 2016 PA 407, MCL 339.5101 to 339.6133.
Sec. 12811. (1) Subject to subsection (4), beginning 45 days after the department promulgates rules under section 12817, a person shall not install, construct, alter, or repair a proprietary product unless that product is registered for use in this state by the department and a construction permit is obtained under section 12807.
(2) Beginning 45 days after the department promulgates rules under section 12817, 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. Not later than 30 days after receipt of an application and fee, the department shall review the application and determine whether the application is administratively complete. Not later than 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 by the technical advisory committee. A registration under this section is specific to a product model within a brand or manufacturer's line and is valid for 5 years. A registration must be renewed in the same manner as an initial registration under this subsection. Beginning 3 years after the effective date of the amendatory act that added this section, and once every 3 years thereafter, the department shall adjust the fee specified under this subsection by an amount determined by the state treasurer at the end of the preceding fiscal year to reflect the cumulative percentage change in the Detroit Consumer Price Index, and rounded to the nearest $100.00. As used in this subsection, "Detroit Consumer Price Index" means the most comprehensive index of consumer prices available for the Detroit-Warren-Dearborn area from the Bureau of Labor Statistics of the United States Department of Labor.
(3) The department may deny, suspend, or revoke a registration under this section following a contested case hearing conducted in accordance with 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 was attempted to be obtained through misrepresentation or fraud.
(b) The registrant transacted business under its registration using fraudulent, coercive, or dishonest practices.
(c) The applicant or registrant failed to pay the required registration application review fees.
(d) Field reviews, conducted in accordance with the statewide sewage code, determine that the proprietary product does not function or perform as designed.
(e) The proprietary product fails to meet the requirements of the statewide code.
(4) An owner of an onsite wastewater treatment system does not need to register a proprietary product under this section if both of the following conditions are met:
(a) The proprietary product was installed as part of the construction of an approved onsite wastewater treatment system before the effective date of this part.
(b) The authorized local health department determines the continued use of the proprietary product can be managed in accordance with the statewide sewage code.
(5) The requirements of this section apply to a person that represents a proprietary product manufacturer that is applying for registration of a proprietary product under subsection (1) before an installation that occurs after the effective date of this part.
Sec. 12813. The department shall develop minimum standards and criteria to assist local health departments in permitting different types of onsite wastewater treatment systems, including, but not limited to, the following 3 categories:
(a) Nonproprietary technologies such as sand filters.
(b) Proprietary products such as aerobic treatment systems and packed bed filters.
(c) Proprietary products such as subsurface dripline products or gravelless distribution products.
Sec. 12818. A person that does either of the following is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $10,000.00 for each violation, or both:
(a) Submits or provides to the department or authorized local health department false, misleading, or fabricated information related to an onsite wastewater treatment system.
(b) Knowingly completes an onsite wastewater treatment system evaluation for purposes of compliance with section 12821(4) and is not an evaluator.
Sec. 12821. (1) Beginning 45 days after the department promulgates rules under section 12817 and subject to subsection (12), an owner of a premises or structure in which sanitary sewage originates, that is not connected to a public sanitary sewer system operated by a local unit of government must obtain an onsite wastewater treatment system evaluation in accordance with the schedule established under subsections (2) and (3).
(2) An onsite wastewater treatment system evaluation conducted under this part, including an evaluation conducted under a point of sale ordinance or regulation subject to section 12831, must be conducted by an authorized local health department or evaluator in accordance with this part and in accordance with the following timeline:
(a) Not later than 10 years after the department promulgates rules under section 12817, if the onsite wastewater treatment system is 20 years old or older on or before the effective date of the amendatory act that added this section, and 1 or both of the following conditions exist:
(i) The onsite wastewater treatment system is installed within 500 feet of any surface water or within a high risk erosion area, critical dune, or 100-year floodplain, as these terms are determined by the department.
(ii) The department or local health department does not have a record of a construction permit being issued for the installation of an onsite wastewater treatment system.
(b) Before a change in use or an increase in use of the existing onsite wastewater treatment system.
(c) Any time in accordance with the statewide sewage code.
(d) Any time, if the evaluation is arranged or allowed by the real property owner of a premises or structure.
(e) If the onsite wastewater treatment system is 30 years old or older on or before the effective date of the amendatory act that added this section.
(3) After the first evaluation is conducted under subsection (2), an onsite wastewater treatment system must be evaluated in accordance with this section once every 10 years. Subject to the statewide sewage code, after the first evaluation is conducted under subsection (2), a local health department may determine that an onsite wastewater treatment system does not require a subsequent evaluation under this section if a new onsite wastewater system is installed or updates are made to the existing system that do not require an evaluation. Beginning 10 years after the effective date of rules promulgated by the department under section 12817, an onsite wastewater treatment system must be evaluated if the system is 20 years old or older and is installed within 500 feet of surface water or within a high-risk erosion area, critical dune, or 100-year floodplain, as these terms are determined by the department, and if an evaluation was not conducted under subsection (2). An owner of a premises or structure not connected to a public sanitary sewer that does not arrange for an evaluation under this subsection or subsection (2) is not excluded from the requirement to arrange for an evaluation.
(4) An authorized local health department or evaluator shall conduct an onsite wastewater treatment system evaluation not later than 90 days after the owner of the system arranges for the evaluation. An authorized local health department or evaluator may work with individuals who are involved in the management of onsite wastewater treatment systems, in accordance with rules promulgated under section 12817, to complete an evaluation under this subsection. The owner of the system shall not have the septic tank or tanks pumped out within 45 days before an onsite wastewater treatment system evaluation is arranged under this section. At the onsite wastewater treatment system evaluation, the authorized local health department or evaluator shall do all of the following:
(a) Identify the size, age, and visible condition of the septic tank or tanks.
(b) Before conducting any pumping, document the level of effluent, in relation to the operating level in the septic tank or tanks.
(c) Document the level of scum and sludge by measuring the vertical column depth of each layer of stratified septic tank contents for each tank or compartment and arrange for the services of a septage waste servicing business licensed under part 117 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.11701 to 324.11721, to pump out the septic tank or tanks, or recommend to the authorized local health department that the septic tank or tanks be pumped out, if 1 of the following applies:
(i) The authorized local health department or evaluator that conducts the onsite wastewater treatment system evaluation determines that it is necessary to complete the evaluation.
(ii) The sludge and scum accumulations within the septic tank or tanks exceed 30% of each individual tank's volume or are encroaching on the inlet or outlet.
(d) Verify that all sanitary sewage-related plumbing fixtures are connected to the septic tank or tanks and are operational and identify any sources of nonsanitary sewage-related connections to the septic tank or tanks or the soil dispersal system that require disconnection.
(e) Locate, expose, open, and assess the septic tank or tanks and pumping chambers associated with the system. If the lid of any septic tank or pumping chamber is greater than 12 inches below the ground surface, the authorized local health department or evaluator may require that the property owner uncover the lid or lids for ease of access.
(f) If the system includes an alternative system or proprietary product, identify that the required operation and maintenance reporting is on file with the department or authorized local health department. If the operation and maintenance reporting are not up to date, notify the owner of the system of the need to arrange for the required operation and maintenance by a qualified service provider, subject to the statewide sewage code, and report the findings to the authorized local health department. The authorized local health department or evaluator shall assess and report any unresolved issues identified in the required operation and maintenance report.
(g) To the extent reasonable, locate, determine the size of, and observe the subsurface dispersal system to determine its condition.
(h) Document the location in relation to the site of any attributes including, but not limited to, drinking water wells, surface water, and other setbacks as required by the statewide sewage code.
(i) Observe or find information regarding the location of a well, as that term is defined in section 12701, and assess the approximate distance between the nearest well and the onsite wastewater treatment system, if applicable.
(j) Observe the general area that includes the treatment and dispersal system for evidence of system failure or elements of a nonconforming system.
(k) Examine the premises for an illicit discharge to, including, but not limited to, the surface of the ground, surface water, groundwater, or drain.
(l) Document conditions observed, evidence of failure, and elements of a nonconforming system.
(m) Assess and report the ponding level found in inspection or observation ports located in the soil dispersal system. If inspection or observation ports are not found, or do not penetrate to the bottom of the soil dispersal system, collect at least 2 core samples across the soil dispersal system.
(n) Estimate the current daily sanitary sewage flow, identify structure use type, and identity and collect information on the proposed new or increase in use.
(o) Complete any other evaluation criteria set by the department in the statewide sewage code.
(p) Prepare an evaluation report that contains the information gathered under this subsection, including appropriate photographic documentation taken at the evaluated premises.
(5) Not later than 14 days after the onsite wastewater treatment system evaluation is completed, the authorized local health department or evaluator that conducts the evaluation shall do all of the following:
(a) Prepare an evaluation report that details the findings of the onsite wastewater treatment system evaluation. An evaluation report must be an objective and fact-based summary of conditions observed on site at the time of the evaluation; must contain information that follows standard report forms prescribed by the department; and may contain recommendations to extend the life of the onsite wastewater treatment system and prevent premature failures of the system.
(b) Provide a printed or electronic copy of the evaluation report to the owner of the onsite wastewater treatment system and an electronic copy of the evaluation report to the authorized local health department. An evaluation report must be provided under this subsection even if the evaluation report is incomplete or the fee provided for in subsection (12) or (13) was not paid.
(c) Provide a printed or electronic copy of the minimum standards and criteria for conducting evaluations developed by the department under section 12825(1) to the owner of the onsite wastewater treatment system.
(6) An evaluation completed by an evaluator must be reviewed by the authorized local health department. The authorized local health department shall determine the need for pumping, elements of a nonconforming system, determination of failure or imminent danger, or resolution. Not later than 21 days after an evaluator submits a report under subsection (5), the authorized local health department must do all of the following:
(a) Based on the evaluation, determine the status of all of the following:
(i) Whether the onsite wastewater treatment system is in failure.
(ii) Whether elements of a nonconforming system are contributing to an overall failure of the onsite wastewater treatment system.
(iii) Whether elements of a nonconforming system are not contributing to an overall failure and the onsite wastewater treatment system meets a sufficient level of compliance and can be managed in a manner to provide for the minimum level of protection of public health and the environment to allow for continued use.
(iv) Whether the onsite wastewater treatment system meets a sufficient level of compliance and can be managed to provide for the minimum level of protection of public health and the environment to allow for continued use.
(v) Whether the onsite wastewater treatment system is in compliance with this part and the statewide sewage code.
(vi) Whether the evaluation report was unable to be completed and the owner of premises or a structure not connected to public sanitary sewer needs to take corrective actions to allow an evaluator to complete an evaluation.
(b) Determine whether any corrective actions or management steps must be taken by the owner of the onsite wastewater treatment system to satisfy the requirements of the statewide sewage code and this section.
(c) Determine whether the septic tank or tanks need to be pumped and review the provided report for any pumping, to determine if the relevant requirements of the statewide sewage code are satisfied.
(d) Inform the owner of the onsite wastewater treatment system of any determination made under subdivisions (a) to (c) and specify an applicable time period for corrective actions to be completed.
(7) If the authorized local health department determines that an evaluation report under subsection (5) identifies the need for the septic tank or tanks to be pumped, the owner of the onsite wastewater treatment system shall have the tank or tanks pumped by a septage waste servicing business licensed under part 117 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.11701 to 324.11721, not later than 60 days after the evaluation report is received under subsection (5).
(8) Subject to subsection (10), if the owner of an onsite wastewater treatment system or the owner of the premises or structure not connected to a public sanitary sewer fails to arrange for an onsite wastewater treatment system evaluation, fails to have the system evaluated in accordance with the requirements of this section, or fails to complete corrective actions identified under subsection (6)(d), the owner is subject to the following:
(a) Beginning 60 days after the end of the applicable time period under subsection (2), (3), or (6) and in the absence of good cause shown by the owner under subsection (10), a civil fine of not more than $250.00 per month that the system remains unevaluated or corrective actions remain incomplete.
(b) Beginning 1 year after the end of the applicable time period and in the absence of good cause shown, a civil fine of not more than $500.00 per month that the system remains unevaluated or corrective action remains incomplete, up to $15,000.00 in total civil fines under this subsection.
(9) Subject to subsection (10), if the authorized local health department determines that an evaluation report under subsection (5) identifies evidence of failure, the owner of the onsite wastewater treatment system or the owner of the premises or structure shall remedy the failure within 6 months after the evaluation report is received under subsection (5) or within a time period determined by the authorized local health 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 failure continues. The prosecutor of the county in which the violation occurred or the attorney general may bring an action to collect the fine and require remedy of the failure.
(10) The department may waive any fine authorized under subsections (8) and (9) if the owner of the onsite wastewater treatment system or the owner of the premises or structure not connected to a public sanitary sewer demonstrates either of the following:
(a) That the owner's income is at or below 400% of the federal poverty level and that within 1 year after the owner had a completed evaluation under this section or remedied any failure identified in the onsite wastewater treatment evaluation under subsection (6).
(b) That the payment of any fines under subsection (8) or (9), or both, would pose significant financial stress on the owner of the system and that within 1 year of the owner of the system completed an evaluation under this section or remedied any failure identified in the onsite wastewater treatment system evaluation under subsection (6).
(11) In accordance with the statewide sewage code, if determined necessary by the department and on request of an owner of an onsite wastewater treatment system, the department may grant a variance from the onsite wastewater treatment system evaluation requirements under this section.
(12) An authorized local health department or evaluator may charge a fee for conducting an onsite wastewater treatment system evaluation. An authorized local health department may charge a reasonable fee not to exceed the costs of conducting, administering, and reviewing onsite wastewater treatment system evaluations.
(13) In addition to the fee charged for conducting an onsite treatment system evaluation under subsection (12), an authorized local health department or evaluator, as applicable, shall charge an additional $50.00 state administrative fee. An evaluator shall submit the administrative fee to the department at the same time an evaluation report is submitted to the local health department under subsection (5). State administrative fees collected by a local health department must be forwarded to the department on a quarterly basis.
(14) All state administrative fees and civil fines authorized and collected under this section must be forwarded to the state treasurer for deposit into the fund.
(15) Beginning 2 years after the first civil fine is imposed under subsection (8)(a), the civil fine constitutes a recorded lien at the register of deeds office on the real property owned by the owner of the onsite wastewater treatment system or the premises or structure. A recorded lien under this subsection is effective and has priority over all other liens and encumbrances except those filed or recorded before the date of the judgment only if notice of the lien is filed or recorded as required by state or federal law. A lien filed or recorded under this subsection is terminated in accordance with the procedures required by state or federal law not later than 14 days after the owner has the system evaluated and pays the civil fine.
Sec. 12823. (1) To apply for a registration as an evaluator, an individual shall meet the training requirements established in the statewide sewage code and 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.
(2) All evaluation reports received under section 12821(5) are subject to an audit by the department. The department may promulgate rules under section 12817 to implement an audit authorized under this subsection. The department may suspend or revoke a registration under subsection (4) following an audit authorized under this subsection.
(3) A registration granted under this section is valid for 3 years. The department shall review individuals registered under this section once every 3 years and renew a registration for any individual who submits a renewal application and fee and who continues to meet continuing education requirements. The department may establish renewal fees or late fees. A registration described under this section is nontransferable.
(4) A registration under this section may be denied, suspended, or revoked following a contested case hearing conducted in accordance with 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 a registration.
(b) An act of gross negligence, incompetence, or misconduct in conducting or reporting on an onsite wastewater treatment system evaluation.
(c) The failure to satisfactorily complete continuing education requirements specified under the statewide sewage code.
(d) The submission of an evaluation report knowingly based on false, incorrect, misleading, or fabricated information.
(e) The failure to submit an evaluation report.
(f) The failure to pay a required fee.
(g) The failure to meet the ethical standards established in the statewide sewage code.
(h) Conviction in a civil or criminal proceeding or failure to comply with a judgment or order that is issued by a court in connection with a matter related to the conduct necessary to provide the services of an evaluator.
(i) Any other violation of this part, part 127, or the rules promulgated under this part or part 127.
(5) 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 minimum standards and criteria for conducting evaluations and forms for use in documenting the management of onsite wastewater treatment system, including evaluation report forms for use in documenting the results of onsite wastewater treatment system evaluations conducted under section 12821.
(2) Ten years after the effective date of the amendatory act that added this section, the department shall prepare and submit a report to the legislature and governor that outlines areas of improvement and considers adjusting the evaluation timelines specified under section 12821(2) and (3).
(3) The department shall make available and maintain an onsite wastewater treatment system electronic database for recording and tracking the locations of onsite wastewater treatment systems in this state and the findings of onsite wastewater treatment system evaluations. The department may require an authorized local health department to input the data described under this subsection into the onsite wastewater treatment system electronic database. The onsite wastewater treatment system electronic database must contain all of the following information:
(a) An evaluation report completed under section 12821. The department may require an authorized local health department or evaluator to electronically enter the report information into the onsite wastewater treatment system electronic database instead of the written report.
(b) Documentation and records from authorized local health departments regarding the locations and previous evaluation or inspection records of onsite wastewater treatment systems.
(c) Any other data, information, or record determined relevant by the department.
(4) The onsite wastewater treatment system electronic database created under subsection (3) must provide authenticated access to users to maintain the protected status of the information contained within the database and the database must not be accessible by members of the general public who do not have authenticated access.
Sec. 12827. (1) Except as provided under section 12821(8) and (9), an owner of an onsite wastewater treatment system or owner of a premises or structure that is not connected to a public sanitary sewer system that fails to comply with this part, part 127, or a rule promulgated under this part or part 127 is subject to the following:
(a) For a first violation, the person is guilty of a misdemeanor punishable by imprisonment for not more than 90 days, a fine of not less than $500.00 or more than $2,000.00, or both.
(b) For a second or subsequent violation, the person is guilty of a misdemeanor punishable by imprisonment for not more 180 days, a fine of not less than $1,000.00 or more than $10,000.00, or both.
(2) Each day that a violation continues constitutes a separate violation under subsection (1).
(3) When the department or an authorized local health department determines that there are reasonable grounds to believe there has been a violation of this part, part 127, or the rules promulgated under this part or part 127, the authorized local health department shall investigate the violation. If the authorized local health department determines there has been a violation, the authorized local health department shall issue a notice and penalty, as applicable, under section 12803(1)(a)(ii) and order the responsible party to make corrections to be in compliance with this part, part 127, and the rules promulgated under this part and part 127.
(4) The prosecutor of the county in which the violation occurred or the attorney general may bring an action to collect a fine authorized under this section and require compliance with this part, part 127, and the rules promulgated under this part and part 127.
(5) A civil fine authorized and collected under this section must be forwarded to the state treasurer for deposit into the fund.
(6) The department or an authorized local health department may request that the attorney general or prosecutor of the county in which the violation occurred commence a civil action for appropriate relief, including a permanent or temporary injunction, for a violation of this part, part 127, rules promulgated under section 12817, or a provision of a permit or order issued under this part or part 127. An action under this subsection may be brought in the circuit court for Ingham County or for the county in which the defendant is located, resides, or is doing business. If requested by the defendant, within 21 days after service of process, the court shall grant a change of venue to the circuit court for Ingham County or for the county in which the alleged violation occurred, is occurring, or, in the event of a threat of violation, will occur. The court has jurisdiction to restrain the violation and require compliance. In addition to any other relief granted under this subsection, the court, except as otherwise provided in this section, shall impose a civil fine of not less than $2,500.00, and the court may award reasonable attorney fees and costs to the prevailing party.
(7) Final decision-making authority with respect to this part, part 127, and the rules promulgated under this part and part 127 remains with the department. An authorized local health department may perform delegated functions authorized by and with direction from the department in accordance with the rules promulgated under section 12817, but the department maintains ultimate enforcement authority.
Sec. 12831. If a local unit of government, county, or local health department has a point of sale ordinance or regulation to require evaluations of onsite wastewater treatment systems, the point of sale ordinance or regulation must be consistent with or as stringent as the requirements under this part. Local ordinances and regulations must meet the requirements of sections 1115 and 2441. 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 evaluation 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. 300 of the 102nd Legislature is enacted into law.
