January 25, 2005, Introduced by Senators BIRKHOLZ and GOSCHKA and referred to the Committee on Natural Resources and Environmental Affairs.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 5204 (MCL 324.5204), as added by 2002 PA 397,
and by adding part 50.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
PART 50 ON-SITE DISPOSAL SYSTEMS
Sec. 5001. As used in this part:
(a) "Department" means the department of environmental
quality.
(b) "Model ordinance" means the model county ordinance
prepared under section 5002.
(c) "On-site disposal system" or "system" means a natural
system or mechanical device used to collect, treat, and discharge
or reclaim wastewater from 1 or more dwelling units without the use
of community-wide sewers or a centralized treatment facility.
Sec. 5002. (1) The department shall prepare a model county
ordinance that establishes standards for the design, installation,
and maintenance of on-site disposal systems. The model ordinance
shall include all of the following:
(a) A prioritization procedure that identifies and addresses
first those systems that are at greatest risk of contaminating
ground or surface waters of the state including, but not limited
to, both of the following:
(i) Waters that are identified as impaired on the list prepared
under section 303(d) of title III of the federal water pollution
control act, 33 USC 1313, for pathogens or untreated sewage.
(ii) Areas identified as having significant ecological
importance.
(b) Standards for the minimum height the system should be
situated above groundwater before fill.
(c) Standards for siting and maintenance that require
consideration of soil permeability.
(d) Standards for siting and maintenance based on distance
from a water body.
(e) Standards that address the appropriateness of a system
based on current use.
(2) The model ordinance may require different standards for
on-site disposal systems based upon the geologic conditions in
which the system is located or proposed to be located.
Sec. 5003. (1) Property containing an on-site disposal system
shall not be transferred unless the system has been inspected and a
written copy of the inspection report is provided to the
prospective transferee as provided in subsection (3). The
inspection shall determine all of the following:
(a) Whether the system is in compliance with all applicable
county ordinances.
(b) Whether the system is functioning in the manner that it
was designed to function.
(c) Whether the holding tank of the system needs to be
emptied.
(d) For systems installed on or after the effective date of an
applicable county ordinance, the actions needed to bring the system
into compliance with the ordinance.
(e) For systems installed prior to the effective date of an
applicable county ordinance, the actions needed to allow the system
to function in the manner that it was designed to function.
(2) The inspection under subsection (1) shall be conducted by
the county in which the system is located or a person authorized by
that county to conduct the inspection. The county or person
authorized by the county to conduct inspections may charge a
reasonable fee not to exceed the costs of conducting the
inspections.
(3) The written copy of the inspection report shall be
provided to the prospective transferee not later than the time
prescribed for providing the written disclosure statement under the
seller disclosure act, 1993 PA 92, MCL 565.951 to 565.966, as
provided in section 4 of the seller disclosure act, 1993 PA 92, MCL
565.954.
(4) The actions required under subsection (1)(d) or (e), as
applicable, shall be undertaken within 1 year after the date the
inspection report was provided to the prospective transferee under
subsection (3).
(5) This section does not apply to transfers of property
described in section 3 of the seller disclosure act, 1993 PA 92,
MCL 565.953.
Sec. 5004. Each county shall provide educational materials to
the owners of on-site disposal systems located within its
jurisdiction at least once each year. The educational materials
distributed under this section shall be developed by the department
and shall be provided to each county for distribution.
Sec. 5204. (1) The strategic water quality initiatives 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. The
authority shall act as fiscal agent for the fund in accordance with
the shared credit rating act, 1985 PA 227, MCL 141.1051 to
141.1076.
(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) Money in the fund shall be used, upon appropriation, only
for the following purposes:
(a) Not more than $5,000,000.00 by the department for grants
to counties to conduct inspections of on-site disposal systems
under part 50. Of the money appropriated under this subsection, not
more than 5% may be used by the department for administrative
costs.
(b) (4)
The By the authority in
consultation with the
department
shall expend money from the fund, upon appropriation,
only
for loans and for the costs of the
authority and the
department in administering the fund.
(5) The fund may be pledged as security for bonds to be issued
by the authority for the purpose of funding loans if authorized by
the state administrative board.