March 22, 2018, Introduced by Reps. Lower and Hammoud and referred to the Committee on Natural Resources.
A bill to amend 1978 PA 368, entitled
"Public health code,"
(MCL 333.1101 to 333.25211) by adding part 128.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
PART 128 ONSITE WASTEWATER TREATMENT SYSTEMS
Sec. 12801. 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 by 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 12802 for conventional systems or section 12803
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 environmental
quality.
(g) "Domestic equivalent wastewater" means wastewater that is
not sanitary sewage but has been 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, which may
result in the backup of sanitary sewage into the structure or
impede the flow of wastewater within the structure.
(iv) A structural failure 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.
(j) "Fund" means the onsite wastewater treatment system
administration fund created in section 12815.
(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) "Local health department" means a local health department
as defined in section 1105.
(o) "Management" means the siting, design, installation,
operation, inspection, and maintenance of onsite wastewater systems
to ensure that onsite wastewater treatment systems meet required
performance standards and are protective of public health and the
environment.
(p) "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.
(q) "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.
(r) "Onsite wastewater treatment system evaluation" or
"evaluation" means an evaluation of an onsite wastewater treatment
system conducted under section 12811.
(s) "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.
(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 evaluations
and who is registered under section 12812.
(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. Sanitary
sewage does not include commercial laundry wastes and wastes from
industrial and commercial processes.
(w) "Septic tank assessment" means an assessment of an onsite
wastewater treatment system conducted under section 12810.
(x) "Statewide code" means the rules promulgated under section
12809 providing for the management of onsite wastewater treatment
systems.
(y) "Technical advisory committee" means the technical
advisory committee established by the department under section
12808.
Sec. 12803. (1) The department may authorize a local health
department to administer this part for alternative systems if the
local health department does both of the following:
(a) Demonstrates that it meets the requirements of section
12802.
(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 12805.
(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 onsite wastewater treatment
system shall remain in effect until recommended standards and
guidance for that type of system are developed by the department in
accordance with section 12807.
Sec. 12804. (1) A person shall not install, construct, alter,
or repair a conventional or alternative system unless he or she 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 national resources and environmental
protection act, 1994 PA 451, MCL 324.3101 to 324.3134 and 324.4101
to 324.4113.
(2) A construction permit for a conventional or alternative
system shall be obtained 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 with respect to that permit, the department is responsible for
the issuance of the 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 system has been obtained under this part.
Sec. 12805. (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 shall be inspected by the
department, an authorized local health department, or a registered
inspector at least once every 5 years unless otherwise provided in
the statewide code.
Sec. 12806. (1) Beginning January 1, 2020, 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
12804.
(2) A person may apply for registration of a proprietary
product under subsection (1) by submitting an application with the
required information to 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
shall 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.
(c) The applicant or registrant failed to pay required
registration application review fees.
(d) Field reviews determine that the proprietary product does
not function or perform as designed.
Sec. 12807. 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.
(c) Proprietary products such as subsurface dripline products
or gravelless distribution products.
Sec. 12810. (1) Except as provided in subsection (6), a person
that owns a conventional system shall have a septic tank assessment
conducted on that conventional system at least once every 10 years.
(2) A septic tank assessment required under subsection (1)
shall be conducted by a local health department, a registered
inspector, or a septic waste servicer licensed under part 117, or
his or her agent. The individual conducting the septic tank
assessment shall do all of the following:
(a) Identify the size and condition of the septic tank or
tanks.
(b) Prior to conducting any pumping, determine the level of
effluent in the septic tank or tanks.
(c) Pump out the septic tank or tanks if the total depth of
scum plus sludge layers equals or exceeds 1/3 of the depth of the
tank.
(d) Identify evidence of failure of the onsite wastewater
treatment system and whether the failure is causing an imminent
danger.
(e) Document the information gathered under subdivisions (a)
through (d) in an inspection report.
(3) Within 10 days after completion of a septic tank
assessment under this section, the individual conducting the septic
tank assessment shall provide 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 prepared under this section
identifies evidence of failure, the owner of the onsite wastewater
treatment system shall remedy the failure as directed by the
authorized local health department or the department.
(5) In addition to the fee charged for conducting a septic
tank assessment, the local health department, registered inspector,
or septage waste servicer conducting the assessment shall charge an
additional $25.00 state administrative fee. By October 1 of each
year, all state administrative fees collected during the previous
state fiscal year shall be forwarded to the department. The
department shall forward all fees it receives under this section to
the state treasurer for deposit into the fund.
(6) If an onsite wastewater treatment system evaluation is
conducted on an onsite wastewater treatment system, a septic tank
assessment does not need to be conducted on that system for a
period of 10 years after the date of the evaluation.
Sec. 12811. (1) Beginning on the effective date of the
amendatory act that added this part, the owner of a conventional
onsite wastewater treatment system shall arrange for an onsite
wastewater treatment system evaluation to be conducted on the
conventional system in accordance with subsection (2) if any of the
following occur:
(a) Any form of inspection other than a septic tank assessment
is requested or permitted by the property owner.
(b) 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 evaluation to be conducted.
(c) A change in use is proposed that increases use of an
existing onsite wastewater treatment system.
(d) 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 system evaluation required under
subsection (1) shall be conducted by the department, an authorized
local health department, or a registered inspector. The individual
conducting the onsite wastewater treatment system evaluation shall
do all of the following:
(a) Identify the size and condition of the septic tank or
tanks.
(b) Verify that all sanitary sewage-related plumbing fixtures
are connected to the septic tank or tanks.
(c) Determine the level of effluent in the septic tank or
tanks.
(d) Evaluate the treatment and dispersal system following the
septic tank or tanks.
(e) Document evidence of a failure of the onsite wastewater
treatment system and whether the failure is causing an imminent
danger.
(f) Determine if the total depth of scum plus sludge layers
equals or exceeds 1/3 of the depth of the septic tank.
(g) Prepare an inspection report of the information gathered
under this subsection.
(3) If an onsite wastewater treatment system evaluation under
subsection (2)(f) 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 within 30 days of the inspection report.
(4) Within 15 days after completion of an evaluation, the
person conducting the evaluation shall do both of the following:
(a) Prepare an inspection report that details the findings of
the evaluation.
(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.
(5) If an inspection report under subsection (4) identifies
evidence of failure causing an imminent public health hazard, the
owner of the onsite wastewater treatment system shall remedy the
failure as directed by the authorized local health department or
the department.
(6) An onsite wastewater system evaluation 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 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
onsite wastewater treatment system evaluations.
(8) In addition to the fee charged for conducting an onsite
treatment system evaluation, the registered inspector, authorized
local health department, or department, as applicable, shall charge
an additional $25.00 state administrative fee. State administrative
fees shall 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. 12812. (1) Beginning January 1, 2020, an onsite
wastewater treatment system evaluation under this part shall be
conducted only by the department, a registered inspector, or
qualified local health department staff. To qualify for
registration as a registered inspector or to conduct evaluations,
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 to the
department containing the information required by the department
documenting his or her qualifications. The department may charge a
$180.00 application fee to cover the department's cost under this
section. Application fees collected under this section shall 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 requirements
of this section for registration. An individual registered under
this subsection shall thereafter meet department requirements as
specified in the statewide code and shall pay the application fee.
(4) Registrations of registered inspectors shall be reviewed
every 3 years by the department and renewed for individuals who
continue to meet the requirements.
(5) An inspector registration 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 an inspection.
(c) Failure to satisfactorily complete continuing education
requirements.
(d) Submission of a record of inspection 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 that information available
electronically to the public.
Sec. 12813. (1) The department shall develop and make
available assessment and evaluation inspection report forms for use
in documenting the results of septic tank assessments and onsite
wastewater treatment system evaluations.
(2) The department shall make available and maintain an onsite
wastewater system electronic database for recording and tracking
the results of septic tank assessments and of onsite wastewater
system evaluations. When the onsite wastewater system electronic
database is available, the department may require the person
conducting the assessment or evaluation to electronically enter
inspection report information into the database in lieu of the
written inspection report. The database shall not include personal
information related to the owner of an onsite wastewater treatment
system.
Sec. 12814. (1) 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.
(2) To the extent a local health department is not authorized
to administer this part, the department shall implement this part.
In implementing this part, the department may contract with another
authorized local health department or other qualified person.
Sec. 12815. (1) The onsite wastewater treatment system
administration fund is created within the state treasury.
(2) The state treasurer may receive money or other assets from
any source for deposit into the fund. The state treasurer shall
direct the investment of the fund. The state treasurer shall credit
to the fund interest and earnings from fund investments.
(3) Money in the fund at the close of the fiscal year shall
remain in the fund and shall not lapse to the general fund.
(4) The department shall be the administrator of the fund for
auditing purposes.
(5) The department shall expend money from the fund, upon
appropriation, only for either of the following:
(a) To administer this part.
(b) For grants to local health departments to carry out their
responsibilities under this part.
Sec. 12816. (1) A local unit of government or a local health
department shall not adopt a point of sale ordinance related to
onsite wastewater treatment.
(2) A local unit of government or a local health department
that has adopted a point of sale ordinance to require inspections
of onsite wastewater treatment systems shall phase out or repeal
the point of sale ordinance within 3 years after the effective date
of the amendatory act that added this part.
Sec. 12817. 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.
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.
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. 5753 (request no.
00280'17 a) of the 99th Legislature is enacted into law.