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Outdoors
Outdoors
By Vicki Browne
Iron County Lakes & Streams Partnership
IRON COUNTY/LANSING—“Michigan is the only state without a statewide sanitary code,” according to the Michigan Lakes & Streams Association, “…meaning it is left up to counties or townships to set standards. In Michigan, the public health code charges local health departments with developing and implementing codes regarding water wells and septic systems.”
In March, the nonprofit For Love of Water, whose stated mission is to protect the waters of the Great Lakes Basin, hosted a webinar to promote the case for a statewide septic code in Michigan.
One panel member was Representative Phil Skaggs (D–District 80) who introduced two related bills regarding septic system maintenance in late March. House Bill 4479 and House Bill 4480 both address “onsite wastewater treatment systems” — specifically the regulating, assessing and evaluating of residential septic systems.
Concurrently, Senator Sam Singh (D–District 24) introduced similar bills — Senate Bill 0299 and SB 0300.
March 2023 isn’t the first time statewide septic code bills were introduced. An article in May 2013 in The Bridge indicated that bills had been introduced six times since 2004, but none had gotten out of committee. Bills were introduced in 2016 by Rep. Julie Plawecki (D–District 11) and in 2018 by Rep. James Lower (R–District 70). Neither gained much traction either.
MLSA reports that only 11 of Michigan’s 83 counties have gone beyond existing state regulations and enacted programs designed to detect failed septic systems and force repairs.
Dr. Joan Rose, co-director of both MSU’s Center for Advancing Microbial Risk Assessment and its Center for Water Sciences, was also on the FLOW webinar. Her research clearly shows the risks associated with failing septic systems.
“The notion that septic tanks prevent fecal bacteria from seeping into rivers and lakes simply doesn’t hold water.” Rose said. “All along, we have presumed that on-site wastewater disposal systems, such as septic tanks, were working, but in this study, sample after sample, bacterial concentrations were highest where there were higher numbers of septic systems in the watershed area.”
Rose indicated that a septic system may separate out solids, but microbes that can make people sick can still get into the soil, groundwater and surface water (like lakes). She also pointed to failing septic systems as a source for excess phosphorus traveling into waterways and feeding dangerous algal blooms.
Given that contaminants and excess nutrients in the waterways are the concern, the question becomes how to best address this problem. Where does the responsibility for septic system assessment fit best when the effects of a poor or failing system can affect more than just the property owner?
For some perspective, guidance was sought from those who are involved in decision-making in the Michigan Legislature and from the Dickinson-Iron District Health Department.
Although both Senator McBroom and Representative Markkanen, who represent Iron County, were only willing to say that the bills would be given their full attention, a staff member in Markkanen’s office shared some background information about prior septic system bills.
At the state level a bill might not become a law because the legislative session ends before it comes up for a vote. Some bills don’t make it out of committee because they have not been written to address all potential ramifications of a situation. Sources say prior bills about septic maintenance and assessment were not always well thought out.
Vast differences in soil quality and composition around the state effect the cost and types of septic systems that can be used. Inspections and repairs, but also administration of an assessment and evaluation program also present burdensome costs.
Although many in the State House believe some version of the current bills will be passed, others feel that county health codes are a better way to address the problem. Keeping control at the local level allows county officials to deal with the nuances using their best judgment.
Wade Dishaw, environmental health director at the Dickinson-Iron District Health Department, said that even with a law regarding regular inspections, the problem of contaminants getting into waterways may not be solved.
“Our neighboring state of Wisconsin requires proof of tank pumping every three years.” according to Dishaw. “The pumper fills out a form stating the system appears to be functioning in a normal fashion. This process may help in some instances, but is not a full-proof method.”
Dishaw sees new septic systems as the most important piece of the solution: “The key is having a properly designed, installed and inspected system at the time of construction to protect the environment,” he said.
“The responsibility for good septic maintenance is on the homeowner and their neighbors.” Dishaw added. “When common sense goes out the window, we do get complaints from neighbors about strong sewage smells and possible failing systems that we investigate to confirm.”
To follow the progress of the current septic system maintenance bills, go to legislature.mi.gov. For more information about septic system requirements or to report a failing system, visit the DIDHD Environmental Health Division at didhd.org/sewagedisposal.php.