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New bill hopes to end Michigan's status as only state without statewide septic system code

Toilet paper and other waste fan out from a pipe into a tributary of the Pine River. Residents of a small town hooked failing septic systems to the storm water system.
Lester Graham
/
Michigan Radio
Toilet paper and other waste fan out from a pipe into a tributary of the Pine River. Residents of a small town hooked failing septic systems to the storm water system.

Democratic state Senator Sam Singh, apparently an optimist, has introduced a bill to require Michigan's environmental agency to establish, for the first time, a sanitary code for private septic systems.

Michigan is the only state in the nation without such a code. For decades, various state legislators have introduced bills to remedy that problem, but none have received enough political support to become law.

Because there is no statewide requirement for regular inspections, it's unknown just how many septic systems need repair. But environmental groups estimate 300,000 or more private septic systems in the state could be leaking, adding to the significant public health threat of E. coli and other pathogen contamination of groundwater and state waterways.

Only 11 counties in Michigan require septic system inspections and repairs, but most of those are only done when a home is sold.

Singh's bill would require the Michigan Department of Environment, Great Lakes and Energy to establish a septic system sanitary code within three years of the bill becoming law.

Local health departments would enforce the code, which would prioritize inspections and repairs of high-risk septic systems older than 20 years, that are 500 feet or less from streams, lakes, and sensitive ecological areas.

Homeowners who did not comply with the code's requirements would be subject to fines and even criminal charges for submitting falsified inspection reports. The cost of repairing a failing septic system can be more than $20,000. Fines could be waived for households making less than 400% of the federal poverty level.

“It is high time for Michigan to adopt a uniform septic code,” said Liz Kirkwood, Flow Water Advocates executive director. “Failing and aging systems threaten drinking water and our lakes and rivers. This legislation establishes common-sense protections that every Michigander can support — because clean water is not optional, it’s essential for our health and communities.”

Tracy Samilton covers energy and transportation, including the auto industry and the business response to climate change for Michigan Public. She began her career at Michigan Public as an intern, where she was promptly “bitten by the radio bug,” and never recovered.
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