Michigan has nation’s weakest regulations on septic systems

In 2004, former Gov. Jennifer Granholm unveiled a water protection plan that called for a statewide code to better regulate the state’s 1.3 million septic tanks and other on-site wastewater treatment systems.

Nine years later, that statewide code remains a regulatory dream -- even though there are 130,000 failed septic systems lurking underground across much of the state.

Michigan, in fact, is the only state in the nation without uniform standards governing how on-site sewage treatment systems are designed, built, installed and maintained. Filling this gap, health officials say, would address the single biggest problem with septic systems: The lack of maintenance.

“A state code would be a benefit in terms of managing on-site treatment systems after they are constructed,” said Richard A. Falardeau, chief of the Michigan Department of Environmental Quality’s environmental health section. “In most counties, after a system is built, the counties don’t go back to make sure those systems are functioning properly.”

Install AND maintain

Septic tanks should be pumped out every three to five years to prevent back-ups. The average lifespan of a septic system is about 20 years, according to government and industry officials. Replacing a failed septic system costs between $5,000 and $20,000.

County health departments regulate where septic systems can be installed, but the regulations end there for much of the state. 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.

MORE COVERAGE: Thousands of failed septic tanks threaten Michigan’s waters

A statewide septic code would level the playing field for septic tank companies, encourage innovative technologies and produce better treatment of wastewater, said Larry Stephens, president of the Michigan On-site Wastewater Recycling Association.

The Legislature has considered six proposals since 2004 to establish a statewide code for septic systems, but none made it out of committee. A new proposal is reportedly in the works and several key organizations are already lining up to support it.

State officials and wastewater industry representatives said Republican Rep. Lisa Lyons of Alto is drafting legislation to establish a statewide code for septic systems. Lyons did not return repeated phone calls seeking comment.

Gov. Rick Snyder’s office says it is “engaged in preliminary conversations” on the topic, but has not taken an official stand on any legislative concept.

Other states have detailed codes that govern on-site wastewater treatment systems:

-Wisconsin requires that all septic tanks be inspected every three years.

-Maryland requires annual inspections of septic systems.

-Most other states have detailed rules for the design, installation and maintenance of septic systems.

A 2004 report commissioned by the Granholm administration suggested that all septic systems in Michigan be inspected every 10 years. It’s unclear if that recommendation will be part of Rep. Lyons’ legislation.

Officials at the Michigan Association of Realtors, Michigan Townships Association and the Michigan On-site Wastewater Recycling Association said a statewide code is overdue.

“Most of us in the private and public sector agree that we do need a uniform statewide code. We might disagree on the details but everyone agrees on the need for a statewide code,” Stephens said.

Court ruling could force change

A 2012 Michigan Supreme Court ruling could bolster efforts to enact a statewide septic code.

In a case that pitted the DEQ against Worth Township in Sanilac County, the court ruled that local municipalities are obligated to address sewage spills that cause water pollution.

For years, Worth Township fought DEQ demands to replace failed septic systems in homes along Lake Huron with a municipal sewage treatment facility. The township is now forging ahead with the treatment system.

Tom Frazier, legislative liaison for the Michigan Townships Association, said the organization supports a statewide code for septic systems -- provided it doesn’t interfere with local governments’ authority to decide land use issues.

The Michigan Association of Realtors also supports a statewide code, a spokesman said, with one major caveat: It cannot include a “time of sale” program that requires septic tank inspections and repairs before properties change hands.

“We have always opposed time of sale ordinances because they make the Realtor a cop who has to make sure the (septic system) inspection occurs and ensures that escrow money is set aside for any necessary repairs,” said Brian Westrin, manager of legal affairs for the Realtors association.

Eleven Michigan counties already have “time of sale” programs. And those programs have detected and repaired hundreds of failed septic systems, according to government data.

A time of sale inspection program enacted in Barry and Eaton counties in 2007, for example, has identified 300 homes that had no septic system at all. Raw sewage from those homes was piped into the nearest ditch or waterway, said Regina Young, manager of supervisor of the Barry-Eaton District Health Department’s Water Protection Team.

Young said she believes the time of sale requirements in Barry and Eaton counties could be expanded statewide without disrupting real estate transactions.

Five counties around Saginaw Bay — Huron, Tuscola, Bay, Arenac and Iosco— are working on a regional code for septic systems. That code would require septic system inspections every five years, said Laura Ogar, Bay County’s director of environmental affairs and community development.

Bay County also established a revolving loan fund to help waterfront homeowners replace failed septic systems. The fund began with $100,000 and just six septic system replacements used up all of that money, Ogar said.

“Our goal was to keep our beaches clean,” Ogar said. “We want to keep bacteria out of the water.”

Jeff Alexander is owner of J. Alexander Communications LLC and the author of "Pandora's Locks: The Opening of the Great Lakes - St. Lawrence Seaway." A former staff writer for the Muskegon Chronicle, Alexander writes a blog on the Great Lakes.

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Graydon DeCamp
Tue, 05/14/2013 - 9:16am
Whatever that riding mower fell into, it is OBVIOUSLY not a "pit created by a failed septic system." How about: "pit left behind after removal of outhouse."
John C. Holmes
Sun, 10/05/2014 - 2:29pm
Mr DeCamp sir, you are OBVIOUSLY one of those people that open your mouth and start talking about subjects that you have no business being involved in until you do your research. But Sir, that IS considered a failed system. The complete top of the tank has collapsed in.
John Q.
Tue, 05/14/2013 - 11:40am
Looks like a failed septic tank to me. You can see part of the cover to the left and the white inlet pipe to the right.
Yooper Jim
Wed, 05/15/2013 - 9:49am
With the Teapublican focus on eliminating waste, you think they'd move to make this their number one or number two priority.... Seriously, though. A good article on a serious underlying issue. Please follow up with more. Don't let this issue go away.
Mark Bertler
Mon, 05/20/2013 - 11:40am
This is one of those situations where county health departments have had to step up to protect the health of their citizens and communities. Unfortunately, aquifers don't begin and end at county lines and different rules for different counties frustrate home builders and realtors whose statewide organizations refuse to agree to statewide standards. It is in everyone's economic and health interests to put together and endorse a statewide set of standards to protect our states health and environment.
Mark Bertler
Mon, 05/20/2013 - 11:54am
In addition, I continue to be weary of the realtors opposition to point of sale requirements. This is one of the few times that there is "money on the table" to address any and all known deficiencies in a property transaction. It is in fact the best time to address any issues related to the septic and well systems.
Michael Jones, RS
Wed, 05/22/2013 - 1:08pm
I find some of the comments in the article and the reply section a bit too broad by including all areas of Michigan being in need of change in regards to wastewater disposal. I have been a Sanitarian at a local health department for over 25 years. We have had possibly the most conservative sanitary codes in the country. We now allow mound systems and advanced treatment systems (ATS) in all our counties but still have standards that are conservative and protect the environment. We routinely have engineers like Mr. Stephens and Mr. Louden (MSU) representing clients in appeals and asking that we allow systems to be placed in enviornmentally sensitive areas, however. The issue is that this problem is not the case with all counties. Many of those who are implementing point-of-sale programs probably need this program because of the past failures to enact a proper sanitary codes that adequately site wastewater treatment and disposal systems. Years of placing systems in improper conditions has created the problems you are referencing. Not all of us have been doing this. A statewide point-of-sale program is not needed. It would be an unnecessary tax on the people to deal with problems that the health departments (or more accurately the local boards of commission who approve the codes) have created. Let those districts who have a problem have the programs. I support a statewide sanitary code as a minimum standard that all health districts must meet. We will surely still be providing protection beyond whatever that level is. As far as maintenance, I can tell you that the changes that have been made to the State septage rules have done more to harm wastewater system maintenance than anything else. The cost of system maintenance has more than tripled as a result. I warned of this possibility and I have been proven correct. I won't even get into the severe lack of oversight of community wastewater (decentralized) systems in this state by the DEQ.
Mon, 05/11/2015 - 4:32pm
Michael, I agree with your comments. My experience with the DEQ's handling of wastewater systems is a nightmare. They are terrible.
Mon, 07/29/2013 - 9:32am
Found this doing some research on septic repairs, i live in midland county and my tank looks almost exact same way with the rider in it. This happened overnight thankfully, i was just about to mow in the next day or two or could of been walkin across my yard it collapse.. yuck. Has to be well failure, my house is less than 12 years old, i am the second owner, just had it pumped out this spring, tank looked decent after getting it serviced, so capped the 1000 gallon cement tank and now few months later i'm here looking for information on septics in Midland county. Wondering if a permit is needed to replace exiting septic system?
Wed, 08/20/2014 - 6:49am
Am researching septic replacement contractors. Our system was pumped and contractor indicated tank appears to need replacement. Am having an awful time trying to get a contractor to give even a bid for replacement. Was curious who you used to replace yours and if you are satisfied with the work done. This has been a very frustrating experience. Any help you can provide is really appreciated!