March 14, 2018 – Public Forum

A NOTE: On April 17, 2018 the third public discussion forum was held – to view the recording and download resources use this link.

March 14, 2018: 2 PM ET:
The second live, online, interactive review of the final segments of the Second Draft Michigan Revised Proposed State Sanitary Code with the opportunity to post comments.

By this date, a Third Draft had become public so the discussion resumed from Page 11 onwards. See the PDF here – 03866’17 Draft 3

A formal invitation was sent to Representative Lower which was declined.

Again a wealth of complimentary resources were provided including the Clean Watershed Needs Survey – a PDF is available here. mergeddecentralizedcwnsjointpresentationv

A full set of marked up pages is available on request.

Here is our suggested simple enabling legislative language:
[this was obviously prior to the release of two different House Bills.]

DRAFT  by WasteWater Education 501 (c)3
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding part  50.

1. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: PART 50 ONSITE WASTEWATER TREATMENT SYSTEMS

    1. BEGINNING ON THE EFFECTIVE DATE OF THE AMENDATORY ACT THAT ADDED THIS PART, DEPARTMENT SHALL CONSIDER STANDARDS AND GUIDANCE FOR STATEWIDE RULE MAKING TO COME INTO EFFECT NOT MORE THAN 3 YEARS FROM THAT DATE. UPON ADOPTION THIS SHALL BE REFERRED TO THE ‘MICHIGAN ENVIRONMENTAL HEALTH STATEWIDE CODE FOR ONSITE WASTEWATER.’
    2. SHALL CREATE AN ADVISORY COMMITTEE TO ASSIST THE DEPARTMENT  REGARDING ALL OF THE FOLLOWING:
    1. AN AGREED BY CONSENSUS SET OF DEFINITIONS.
    2. RECOMMENDED STANDARDS AND GUIDANCE FOR THE MANAGEMENT OF ONSITE WASTEWATER SYSTEMS.
    3. ALTERNATIVE TECHNOLOGIES AND RECOMMENDED STANDARDS AND GUIDANCE FOR THEIR USE.
    4. TESTING  AND DESIGN STANDARDS USED FOR NEW  PRODUCTS
    5. REGISTRATION AND RECOMMENDED STANDARDS AND GUIDANCE FOR USE OF NEW  PRODUCTS.
    6. INSPECTOR QUALIFICATIONS.
    7. CONTINUING EDUCATION REQUIREMENTS FOR PERSONS INVOLVED IN THE:
    8. MANAGEMENT OF ONSITE WASTEWATER TREATMENT SYSTEMS.
    9. OPERATION AND MAINTENANCE OF ONSITE WASTEWATER TREATMENT SYSTEMS.
    10. INSPECTION OF ONSITE WASTEWATER TREATMENT SYSTEMS.
    11. THE DEPARTMENT SHALL APPOINT MEMBERS TO AN ADVISORY COMMITTEE WHO HAVE TECHNICAL OR SCIENTIFIC KNOWLEDGE APPLICABLE TO ONSITE WASTEWATER SYSTEMS AS FOLLOWS:
    1. 35% REGIONAL LOCAL HEALTH DEPARTMENT REPRESENTATIVES
    2. 10% PROFESSIONAL ENGINEERS WITH DEMONSTRATED ONSITE WASTEWATER CREDENTIALS
    3. 5% HYDROGEOLOGISTS.
    4. 10% ONSITE WASTEWATER SYSTEM  INSTALLER.
    5. 10%ONSITE WASTEWATER SYSTEM  SERVICE PROVIDER.
    6. 5% DEPARTMENT REPRESENTATIVES.
    7. 5% STATE SOIL SCIENTIST.
    8. 5% EPIDEMIOLOGIST TRAINED IN VECTORS OF TRANSMISSION FROM HUMAN WASTE.
    9. 5% MEMBER AT LARGE REPRESENTING USERS OF ONSITE WASTEWATER SYSTEMS.
    10. 5% MUNICIPAL ADVISORY CONSULTANTS
    11. 5% FINANCING ADVISORY CONSULTANTS
  1. 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 PERFORMANCEBASED STANDARDS FOR CONVENTIONAL AND ALTERNATIVE ONSITE WASTEWATER TREATMENT SYSTEMS. THIS SHALL BE REFERRED TO THE ‘MICHIGAN ENVIRONMENTAL HEALTH STATEWIDE CODE FOR ONSITE WASTEWATER.’
  2. THE RULES SHALL PROVIDE PROTECTION FOR PUBLIC HEALTH AND THE ENVIRONMENT, AS DEFINED IN SECTIO 1105(2) OF THE PUBLIC HEALTH CODE, 1978 PA 21 368, MCL 333.1105. INCLUDING ALL OF THE FOLLOWING:
  1. MINIMUM  STANDARD FOR MANAGEMENT OF ONSITE WASTEWATER TREATMENT SYSTEMS.
  2. WASTEWATER EFFLUENT STANDARDS, IF APPLICABLE.
  3. CORRECTIVE ACTIONS NECESSARY  TO PROTECT THE PUBLIC HEALTH AND THE ENVIRONMENT FOR ONSITE WASTEWATER TREATMENT SYSTEMS THAT FAIL TO MEET THESE STANDARDS.
  4. CRITERIA FOR SITING AND DESIGN OF ONSITE WASTEWATER TREATMENT SYSTEMS.
  5. REQUIREMENTS RELATING TO THE  CONSTRUCTION APPROVAL PROCESS BY THE DEPARTMENT AND LOCAL HEALTH DEPARTMENTS FOR ONSITE WASTEWATER TREATMENT SYSTEMS.
  6. REQUIREMENTS FOR THE APPROVAL OF , ALTERNATIVE, AND EXPERIMENTAL WASTEWATER SYSTEM PRODUCTS, COMPONENTS, OR DEVICES.
  7. ESTABLISHMENT OF CRITERIA FOR REQUESTING AND GRANTING APPEALS BY AN AUTHORIZED LOCAL HEALTH DEPARTMENT AND 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 ‘MICHIGAN ENVIRONMENTAL HEALTH STATEWIDE CODE FOR ONSITE WASTEWATER.’
  8. ESTABLISHMENT OF CRITERIA FOR A SEPTIC SYSTEM ASSESSMENT CONDUCTED ON A SCHEDULE AS DEFINED BY LOCAL HEALTH DEPARTMENTS.
  9. ESTABLISHMENT OF CRITERIA FOR ASSESSMENT, OF STATE ADMINISTRATIVE FEE. TO OPERATE THE PROGRAM AND FULLY FUND DATA COLLECTION, DIGITAL DISTRIBUTION AND. PROPERTY OWNER REPAIR AND REPLACEMENT REVOLVING LOAN PROGRAM.
  10. ESTABLISHMENT OF CRITERIA FOR  ONSITE WASTEWATER SYSTEM EVALUATION TREATMENT SYSTEM AND WHETHER THE  FAILURE IS  CAUSING AN IMMINENT THREAT TO PUBLIC HEALTH.
  11. ESTABLISHMENT OF CRITERIA FOR ONSITE WASTEWATER TREATMENT SYSTEM SEPTAGE WASTE HAULER LICENSES
  12. ESTABLISHMENT OF CRITERIA FOR ONSITE WASTEWATER TREATMENT SYSTEM QUALIFIED INSPECTORS CREDENTIAL AND RENEWAL CEUS.
  13. ESTABLISHMENT OF CRITERIA FOR PENALTIES AND ENFORCEMENT FOR FALSE, INCORRECT, MISLEADING, OR FABRICATED INFORMATION
  14. ESTABLISHMENT OF CRITERIA FOR  THE DEPARTMENT TO CRATE AND MAINTAIN AN ONSITE WASTEWATER SYSTEM ELECTRONIC DATABASE . [THE DATABASE SHALL NOT INCLUDE PERSONAL INFORMATION  RELATED TO THE OWNER  OF AN ONSITE WASTEWATER TREATMENT SYSTEM.]
  15. ESTABLISHMENT OF CRITERIA FOR CREATION OF THE ONSITE WASTEWATER TREATMENT SYSTEM ADMINISTRATION FUND WITHIN THE STATE TREASURY. MONEY IN THE FUND AT THE CLOSE OF THE FISCAL YEAR SHALL REMAIN IN THE FUND AND SHALL NOT  LAPSE TO THE GENERAL  FUND.Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.

Subsequently both WasteWater Education Board of Directors, District Health Department #2, Northern Michigan Environmental Health Directors and Ottawa County Health Department released position statements – see next page

It's all connected! Water IS water, not waste!

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