Michigan lawmakers push for statewide septic code to combat groundwater pollution

In a recent meeting of Michigan's Natural Resources, Environment, Tourism and Outdoor Recreation Committee, lawmakers discussed critical legislation aimed at addressing the state's septic system crisis. With only 11 out of 83 counties having enacted septic codes that require inspections, an estimated 300,000 failing septic systems are believed to be contaminating Michigan's groundwater. This alarming situation poses significant risks to public health and the environment, as untreated wastewater seeps into lakes, rivers, and streams.

Representative Skaggs highlighted the urgency of the issue, referencing a 2015 study that found every major river in Michigan's lower peninsula contaminated with E. coli, primarily linked to failing septic systems. The proposed legislation, House Bills 4479 and 4480, represents the third attempt in over two decades to establish a statewide septic code, aiming to standardize inspection practices and improve water quality across the state.

The bills propose the creation of a technical advisory committee to guide the implementation of a new on-site wastewater treatment system code. This code would include a hybrid model for inspections, combining periodic evaluations with time-of-sale inspections, allowing counties to maintain existing ordinances while introducing a risk-based evaluation system. This system would prioritize inspections based on factors such as proximity to surface water and the age of the septic systems.

The timeline for implementation is ambitious, with the technical advisory committee expected to make recommendations within two years, followed by an additional year for the Department of Environment, Great Lakes, and Energy (EGLE) to begin rule promulgation. The goal is to have risk-based inspections operational within five to eight years after the law takes effect.

In addition to the septic system legislation, the committee also discussed House Bill 6173, which aims to increase transparency in real estate transactions by requiring sellers to disclose the last inspection date of their septic systems. This measure is intended to inform potential buyers about the condition of the septic system, promoting better maintenance practices and reducing the risk of future pollution.

While the proposed legislation has garnered support from various stakeholders, including environmental advocates and real estate professionals, concerns remain about the implementation timeline and the potential impact on property transactions. The Michigan Realtors expressed their support for a statewide code but emphasized the need for technical adjustments to ensure clarity and effectiveness.

As Michigan grapples with the challenges posed by failing septic systems, the outcome of these legislative efforts could have far-reaching implications for public health, environmental protection, and the state's economy, particularly in areas reliant on tourism and outdoor recreation. The committee's discussions mark a significant step toward addressing a long-standing issue that affects many residents across the state.