HOUSE BILL No. 5753

 

 

March 22, 2018, Introduced by Reps. Hammoud and Lower and referred to the Committee on Natural Resources.

 

     A bill to amend 1978 PA 368, entitled

 

"Public health code,"

 

by amending section 12752 (MCL 333.12752) and by adding sections

 

12802, 12808, and 12809.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 12752. (1) Public sanitary sewer systems are essential to

 

the health, safety, and welfare of the people of the state. Septic

 

tank disposal Onsite wastewater treatment systems are subject to

 

failure due to soil conditions or other reasons. 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; 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 is declared as a matter of legislative

 

determination.

 

     (2) Onsite wastewater treatment systems are subject to

 

regulation under part 128. Local health departments may implement

 

and enforce this part and part 128 under any applicable provisions

 

of this act.

 

     (3) As used in this section, "onsite wastewater treatment

 

system" means that term as it is defined in section 12801.

 

     Sec. 12802. The department shall authorize a local health

 

department to administer this part for conventional systems if the

 

local health department does all of the following:

 

     (a) Adopts regulations consistent with this part for the

 

purpose of carrying out the responsibilities of this part and the

 

statewide code, including authority to do all of the following:

 

     (i) Conduct site evaluations, issue construction permits, and

 

perform interim inspections during construction and final

 

inspections upon completion of construction, if required.

 

     (ii) Issue notices and penalties to persons that violate this

 

part or endanger public health or the environment.

 

     (iii) Respond to complaints of failure of an onsite wastewater

 

treatment system.

 

     (iv) Provide an administrative review for any person affected

 

by an order, decision, or notice issued by the local health

 

department. The results of the administrative review shall be


provided to the department, if requested.

 

     (b) Maintains qualified staff to administer a conventional

 

onsite wastewater treatment system program. A staff member shall

 

meet the following minimum educational and training requirements to

 

work independently in an onsite wastewater treatment system

 

program:

 

     (i) Possess a minimum of a 4-year bachelor of science or arts

 

degree with a major in environmental health, chemistry, biology,

 

geology, engineering, or equivalent.

 

     (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 local

 

sanitary regulations, criteria for subsurface sewage disposal

 

provided in state law and rules, and the land division act, 1967 PA

 

288, MCL 560.101 to 560.293.

 

     (iv) Demonstrate competency and understanding of the Michigan

 

local public health accreditation program, accreditation

 

indicators, and all minimum program requirements pertaining to

 

onsite wastewater treatment systems.

 

     (v) Conduct a minimum of 10 supervised field evaluations of

 

onsite wastewater system designs and 10 supervised final

 

inspections with senior staff or a supervisor.

 

     (vi) Conduct a minimum of 5 solo field evaluations of onsite

 

wastewater system designs and 5 solo final inspections

 

demonstrating understanding of the onsite wastewater treatment


program as determined by senior staff or a supervisor.

 

     (vii) Attend and observe a minimum of 2 complete onsite

 

wastewater system installations from beginning to end.

 

     (c) Adopts local health department regulations that, at a

 

minimum, provide protection for public health and the environment

 

equivalent to this part and submit its regulations to the

 

department for review and approval. Subject to section 12815, local

 

health department regulations may require a greater level of

 

protection to public health and the environment than provided by

 

this part.

 

     Sec. 12808. (1) The technical advisory committee is created in

 

the department to advise the department regarding all of the

 

following:

 

     (a) Recommended standards and guidance for the management of

 

onsite wastewater systems.

 

     (b) Nonproprietary technologies and recommended standards and

 

guidance for their use.

 

     (c) Testing and design standards used for proprietary product

 

registration and recommended standards and guidance for use of

 

proprietary products.

 

     (d) Recommended standards and guidance for alternative onsite

 

wastewater treatment systems.

 

     (e) Inspection elements and reporting.

 

     (f) Inspector qualifications.

 

     (g) Documentation required to be submitted to the department

 

for qualifying registered inspectors.

 

     (h) Qualifications of individuals other than registered


inspectors involved in the management of onsite wastewater systems.

 

     (i) Continuing education requirements for persons involved in

 

the management of onsite wastewater treatment systems.

 

     (2) The governor shall appoint members to the technical

 

advisory committee who have technical or scientific knowledge

 

applicable to onsite wastewater systems from agencies, professions,

 

and organizations as follows:

 

     (a) Four regional local health department representatives

 

recommended by a state organization representing local health

 

departments.

 

     (b) Two professional engineers.

 

     (c) Two hydrogeologists.

 

     (d) One university representative.

 

     (e) One onsite system product manufacturer.

 

     (f) One onsite wastewater system installer.

 

     (g) One onsite wastewater system service provider.

 

     (h) Two department representatives.

 

     (i) One state epidemiologist.

 

     (j) One individual with knowledge of the use of onsite

 

wastewater treatment systems representing users of onsite

 

wastewater systems.

 

     (3) The members first appointed to the technical advisory

 

committee shall be appointed within 90 days after the effective

 

date of the amendatory act that added this part.

 

     (4) Members of the technical advisory committee shall serve

 

for terms of 4 years or until a successor is appointed.

 

     (5) If a vacancy occurs on the technical advisory committee,


the governor shall make an appointment for the unexpired term in

 

the same manner as the original appointment.

 

     (6) The governor may remove a member of the technical advisory

 

committee for incompetence, dereliction of duty, malfeasance,

 

misfeasance, or nonfeasance in office, or any other good cause.

 

     (7) The first meeting of the technical advisory committee

 

shall be called by the governor. At the first meeting, the

 

technical advisory committee shall elect from among its members a

 

chairperson and other officers as it considers necessary or

 

appropriate. After the first meeting, the technical advisory

 

committee shall meet at least bimonthly, or more frequently at the

 

call of the chairperson or if requested by the department.

 

     (8) A majority of the members of the technical advisory

 

committee constitute a quorum for the transaction of business at a

 

meeting of the technical advisory committee. A majority of the

 

members present and serving are required for official action of the

 

technical advisory committee.

 

     (9) The business that the technical advisory committee may

 

perform shall be conducted at a public meeting of the technical

 

advisory committee held in compliance with the open meetings act,

 

1976 PA 267, MCL 15.261 to 15.275.

 

     (10) A writing prepared, owned, used, in the possession of, or

 

retained by the technical advisory committee in the performance of

 

an official function is subject to the freedom of information act,

 

1976 PA 442, MCL 15.231 to 15.246.

 

     (11) Members of the technical advisory committee shall serve

 

without compensation. However, members of the technical advisory


committee may be reimbursed for their actual and necessary expenses

 

incurred in the performance of their official duties as members of

 

the technical advisory committee.

 

     (12) The technical advisory committee shall consider the

 

following in its advice to the department:

 

     (a) Sufficient theory and applied research to document

 

efficacy of onsite wastewater treatment systems.

 

     (b) Potential use, local soil conditions, and other factors

 

that may affect the operation of onsite wastewater treatment

 

systems.

 

     (c) Field performance data that confirm the product or

 

technology functions when installed on site as indicated by

 

submitted documents.

 

     (d) Certification of onsite wastewater treatment systems by

 

NSF International or another recognized certifying agency.

 

     (13) The technical advisory committee may consult with experts

 

in the field of management of onsite wastewater treatment systems

 

and other persons with knowledge and expertise in the management of

 

onsite wastewater treatment systems, including, but not limited to,

 

environmental organizations, financial organizations, home

 

builders, realtors, local units of government, and conservation

 

districts.

 

     (14) The department shall provide administrative support to

 

the technical advisory committee.

 

     Sec. 12809. Not later than 3 years after the effective date of

 

the amendatory act that added this part, the department shall

 

promulgate rules that establish a statewide code containing


performance-based standards for conventional and alternative onsite

 

wastewater treatment systems. Prior to promulgating these rules,

 

the department shall consult with the technical advisory committee.

 

The rules shall provide baseline protection for public health and

 

the environment, including all of the following:

 

     (a) Minimum standards and criteria for the siting, design, and

 

installation of onsite wastewater treatment systems.

 

     (b) Wastewater effluent standards, if applicable.

 

     (c) Corrective actions necessary to protect the public health

 

and the environment for onsite wastewater treatment systems that

 

fail to meet these standards.

 

     (d) Requirements relating to the construction approval process

 

by the department and local health departments for onsite

 

wastewater treatment systems.

 

     (e) Requirements for the operation, inspection, and

 

maintenance of conventional and alternative onsite wastewater

 

treatment systems that define required routine maintenance

 

necessary to ensure continued proper performance of the system to

 

protect public health and the environment.

 

     (f) Requirements for the approval of conventional,

 

alternative, and experimental wastewater system products,

 

components, or devices.

 

     (g) Criteria for requesting and granting appeals by an

 

authorized local health department.

 

     (h) Criteria for allowing the continued use of approved onsite

 

wastewater treatment systems in which a construction permit was

 

issued prior to the effective date of the statewide code if use of


an onsite wastewater treatment system can be managed in a manner

 

that does all of the following:

 

     (i) Ensures an effective level of treatment of sanitary sewage

 

determined to be necessary, based upon risk.

 

     (ii) Protects public health and the environment.

 

     (iii) Protects the surface waters of the state.

 

     (iv) Protects groundwater quality.

 

     (i) Qualifications and continuing education requirements for

 

those involved in the management of onsite wastewater treatment

 

systems.

 

     (j) A requirement for septic tanks installed or altered after

 

the effective date of the amendatory act that added this section to

 

contain a septic tank access riser and secondary safety device.

 

     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. 5752 (request no.

 

00280'17) of the 99th Legislature is enacted into law.