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.