HOUSE BILL No. 4077

 

January 22, 2007, Introduced by Rep. Knollenberg and referred to the Committee on Intergovernmental, Urban and Regional Affairs.

 

     A bill to amend 1978 PA 368, entitled

 

"Public health code,"

 

by amending section 12753 (MCL 333.12753).

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 12753. (1) Structures in which sanitary sewage originates

 

lying within the limits of a city, village, or township shall be

 

connected to an available public sanitary sewer in the city,

 

village, or township if required by the city, village, or township.

 

     (2) Structures in which sanitary sewage originates lying

 

outside the limits of the city, village, or township in which the

 

available public sanitary sewer lies shall be connected to the

 

available public sanitary sewer after the approval of both the

 


city, village, or township in which the structure and the public

 

sanitary sewer system lies and if required by the city, village, or

 

township in which the sewage originates.

 

     (3) Except as provided in subsection (4), (5), or (6), the

 

connection provided for in subsections (1) and (2) shall be

 

completed promptly but not later than 18 months after the date of

 

occurrence of the last of the following events or before the city,

 

village, or township in which the sewage originates requires the

 

connection:

 

     (a) Publication of a notice by the governmental entity which

 

operates the public sanitary sewer system of availability of the

 

public sanitary sewer system in a newspaper of general circulation

 

in the city, village, or township in which the structure is

 

located.

 

     (b) Modification of a structure so as to become a structure in

 

which sanitary sewage originates.

 

     (4) A city, village, or township may enact ordinances, or a

 

county or district board of health , may adopt regulations, to

 

require completion of the connection within a shorter period of

 

time for reasons of public health, safety, or welfare.

 

     (5) In a city with a population of 80,000 or more, an owner of

 

a residential structure that is required to be connected to an

 

available public sanitary sewer under subsection (1) or (2) after

 

the effective date of the amendatory act that added this subsection

 

may request an extension of the time specified under subsection (3)

 

or (4). Upon request, a city may grant an extension to that owner

 

for the completion of the connection for a period of time as

 


determined appropriate by that governmental unit or for as long as

 

the existing septic tank disposal system is in satisfactory

 

operating condition and does not constitute a threat to the public

 

health, safety, or welfare.

 

     (6) Subsection (5) shall apply only if fewer than 2% of the

 

total number of residential units are not connected to the public

 

sanitary sewer.

 

     (7) A city that grants an extension under subsection (5) shall

 

make its inspection plan available to the public. The inspection

 

plan must demonstrate that a septic tank disposal system given an

 

extension will be inspected and operated in a manner that will

 

protect the public health, safety, and welfare.