Bill Text: MI SB0300 | 2023-2024 | 102nd Legislature | Engrossed
Bill Title: Environmental protection: sewage; onsite wastewater treatment systems; regulate and provide for assessments and evaluations. Amends 1978 PA 368 (MCL 333.1101 - 333.25211) by adding secs. 12815, 12817 & 12829. TIE BAR WITH: SB 0299'23
Spectrum: Partisan Bill (Democrat 8-0)
Status: (Engrossed) 2024-12-13 - Referred To Committee On Government Operations [SB0300 Detail]
Download: Michigan-2023-SB0300-Engrossed.html
Substitute For
SENATE BILL NO. 300
A bill to amend 1978 PA 368, entitled
"Public health code,"
(MCL 333.1101 to 333.25211) by adding sections 12815, 12817, and 12829 to part 128.
the people of the state of michigan enact:
Sec. 12815. (1) The technical advisory committee is created in the department to advise the department on all of the following:
(a) Recommended standards and guidance for the management of onsite wastewater treatment systems.
(b) Nonproprietary technologies and recommended standards and guidance for the use of nonproprietary technologies.
(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 and the severity of a failure of a system.
(e) Onsite wastewater treatment system evaluation elements and reporting.
(f) Registration and educational requirements for evaluators.
(g) Ethical standards for evaluators that are consistent with the ethical standards established by professional organizations that represent decentralized wastewater management professionals recognized by the department.
(h) Documentation required to be submitted to the department for qualifying and registering evaluators under section 12823.
(i) Qualifications of individuals other than evaluators involved in the management of onsite wastewater treatment systems.
(j) Continuing education requirements for individuals involved in the management of onsite wastewater treatment systems.
(k) Recommended standards for implementing this part.
(l) Guidance and standards for registering practitioners that construct and maintain onsite wastewater treatment systems.
(m) Recommended standards and guidance for owners of onsite wastewater treatment systems for the maintenance of onsite wastewater treatment systems.
(n) Guidance for a local health department when a construction permit was issued by the local health department before the effective date of the statewide sewage code, and the installation or construction and inspection of an onsite wastewater treatment system has not determined that the system is in compliance with all required permits.
(2) The technical advisory committee must consist of all of the following members who have technical or scientific knowledge applicable to onsite wastewater treatment systems:
(a) Five regional local health department representatives and 1 at-large local health department representative recommended by a state organization representing local health departments. Of the 5 regional local health department representatives appointed under this subdivision, 1 representative must be from the northern lower peninsula, 1 representative must be from the southeast lower peninsula, 1 representative must be from the southwest lower peninsula, 1 representative must be from the eastern upper peninsula, and 1 representative must be from the western upper peninsula. The 6 members appointed under this subsection must be appointed as follows:
(i) Two members appointed by the governor.
(ii) Two members appointed by the speaker of the house of representatives.
(iii) Two members appointed by the senate majority leader.
(b) All of the following members appointed by the governor:
(i) One professional engineer.
(ii) One hydrogeologist with hydrogeology field experience. As used in this subparagraph, "hydrogeologist" means a professional hydrogeologist as that term is defined in section 32706c of the natural resources and environmental protection act, 1994 PA 451, MCL 324.32706c.
(iii) One microbiologist.
(iv) One onsite system product manufacturer.
(v) One onsite wastewater system installer who has completed training developed by the National Onsite Wastewater Recycling Association.
(vi) One onsite wastewater system service provider.
(vii) Three department representatives.
(viii) One individual with knowledge of the use of onsite wastewater treatment systems representing users of onsite wastewater treatment systems.
(ix) One representative from a state organization specializing in the protection of public health and the environment through improved water quality.
(x) One individual who has performed at least 10 evaluations under preexisting onsite wastewater treatment system ordinances.
(xi) One soil scientist.
(3) The members first appointed to the technical advisory committee must be appointed not later than 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, except that of the members first appointed, 9 shall serve for 2 years, and 9 shall serve for 3 years.
(5) If a vacancy occurs on the technical advisory committee, an individual must be appointed in the same manner as the original appointment to fill the vacancy for the balance of the term.
(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) Not later than 120 days after the effective date of the amendatory act that added this section, the governor shall call the first meeting of the technical advisory committee. 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. Except as otherwise provided in this subsection, 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. Beginning 8 years after the effective date of the amendatory act that added this section, the technical advisory committee shall meet at least biannually, 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 must 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 individuals with knowledge and expertise in the management of onsite wastewater treatment systems, including, but not limited to, environmental organizations, financial organizations, home builders, real estate licensees, local units of government, and conservation districts.
(14) The department shall provide administrative support to the technical advisory committee. The technical advisory committee's initial advice and recommendations under subsection (1) must be provided to the department not later than 2 years after the effective date of the amendatory act that added this section.
Sec. 12817. 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 sewage code that contains provisions for the management of onsite wastewater treatment systems and performance-based standards for systems categorized as conventional and alternative onsite wastewater treatment systems. Before promulgating these rules, the department shall consult with the technical advisory committee. The rules must provide baseline protection for public health and the environment and must include all of the following:
(a) Minimum standards and criteria for the siting, design, construction, installation, inspection, operation, maintenance, alternation, evaluation, rejuvenation, closure, minor repair, and repair of onsite wastewater treatment systems.
(b) Wastewater effluent standards.
(c) Corrective actions necessary to protect 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, evaluation, and maintenance of conventional, alternative, innovative, acceptable alternative greywater, and experimental 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 or rejection of conventional, alternative, innovative, acceptable alternative greywater, and experimental onsite wastewater treatment system products, components, or devices.
(g) Criteria for requesting and granting variances by an authorized local health department.
(h) Criteria for allowing the continued use of an onsite wastewater treatment system that was constructed before the effective date of the statewide sewage 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 on risk.
(ii) Protects public health and the environment.
(iii) Protects the surface waters of this state.
(iv) Protects groundwater quality.
(i) Qualifications and continuing education requirements for individuals involved in the installation or 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 that extends to the ground surface and secondary safety device.
(k) Registration requirements and educational and ethical standards for evaluators and other individuals involved in the installation, maintenance, and evaluation of onsite wastewater treatment systems.
(l) Training requirements for evaluators that are consistent with trainings established by professional organizations that represent decentralized wastewater management professionals recognized by the department. Beginning on the effective date of the statewide sewage code and for 3 years thereafter, an evaluator that has 3 years of work experience, as determined by the department, does not have to comply with the training requirements provided under this subdivision.
(m) Requirements for evaluations in addition to those described under section 12821, including, but not limited to, all of the following:
(i) Standard operating procedures to determine septic tank pumping requirements at the time of an evaluation, and if a septic tank or tanks are pumped out within 45 days before an evaluation in violation of section 12821(4).
(ii) Standard operating procedures for an evaluation conducted when compaction may limit drainage, when a structure is not occupied or in ordinary use, when the ground is frozen or snow-covered, and when access to the onsite wastewater treatment system is not feasible.
(iii) Tests and procedures for evaluators to perform to ensure the validity of onsite wastewater treatment system evaluations.
(n) Conditions to reject or deny the installation of an onsite wastewater treatment system.
(o) Criteria for the elements of nonconforming systems and when the elements may result in failure.
(p) Criteria for granting variances from the requirements in section 12821(11).
(q) A conflict of interest system for evaluators and individuals who install, construct, alter, or repair onsite wastewater treatment systems. This conflict of interest system must not preclude evaluators from owning a business involved in the installation, construction, alteration, or repair of onsite wastewater treatment systems and must provide a means for an evaluator to perform these services that may result from an evaluation.
(r) Requirements for the denial, suspension, or revocation of proprietary product registrations based on field reviews that identify that the proprietary products do not function or perform as designed.
(s) Any other requirement necessary to implement this part and part 127.
Sec. 12829. (1) The onsite wastewater treatment system administration fund is created in 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 and credit to the fund interest and earnings from fund investments.
(3) Money in the fund at the close of the fiscal year remains in the fund and does not lapse to the general fund.
(4) The department is the administrator of the fund for auditing purposes.
(5) The department shall expend money from the fund, on appropriation, only for the following purposes:
(a) To administer this part.
(b) For grants to local health departments to carry out their responsibilities under this part, including, but not limited to, for the digitization of records of locations relating to onsite wastewater treatment systems and the locations of drinking water supply sources, including, but not limited to, onsite water wells or a public water supply. As used in this subdivision:
(i) "Public water supply" means that term as defined in section 2 of the safe drinking water act, 1976 PA 399, MCL 325.1002.
(ii) "Well" means that term as defined in section 12701.
(c) For grants or loans to homeowners who are below 400% of the federal poverty level for all associated costs applicable to update a failure of an onsite wastewater treatment system identified under section 12821 or to provide funds to compensate for an arranged onsite wastewater treatment evaluation. As used in this subdivision, "federal poverty level" means the federal poverty guidelines published annually in the Federal Register by the United States Department of Health and Human Services under its authority to revise the poverty line under 42 USC 9902.
(d) To administer a public outreach and educational campaign to inform individuals on the requirements of section 12821 and the importance of operation and maintenance of onsite wastewater treatment systems.
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. 299 of the 102nd Legislature is enacted into law.
