Environmental protection: sewage; onsite wastewater treatment systems; regulate, and provide for assessments and evaluations. Amends secs. 12751, 12752, 12757 & 12771 of 1978 PA 368 (MCL 333.12751 et. seq.) & adds pt. 128.

RMH H00321'25_HB6066_INTR_1 rvah7z

HOUSE BILL NO. 6066

A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending sections 12751, 12752, 12757, and 12771 (MCL 333.12751,
333.12752, 333.12757, and 333.12771), section 12751 as amended and
section 12757 as added by 1980 PA 421, and by adding part 128.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 12751. As used in sections 12752 to 12758 and part 128: 1
(a) "Acceptable alternative greywater system" means a system 2
class of alternative systems for the treatment and disposal of 3
June 09, 2026, Introduced by Reps. Skaggs, Rheingans, Arbit, Martus, Hoskins, MacDonell,
Myers-Phillips, Morgan, Price, Longjohn, Glanville, Foreman, Andrews, Mentzer, Tsernoglou,
Snyder, Paiz, Breen, Conlin, Hope, McKinney, Steckloff, Wegela and Edwards and referred to
Committee on Government Operations.
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waste water which normally does wastewater that do not receive 1
human body wastes or industrial waste and is are approved for use 2
by a local health department. 3
(b) "Acceptable innovative or alternative waste treatment 4
system" means a decentralized or individual class of alternative 5
waste system which has been treatment systems that are approved for 6
use by a local health department and which is are properly operated 7
and maintained so as not to cause a health hazard or nuisance. An 8
acceptable innovative or alternative waste treatment system may 9
include, but is not limited to, an organic waste treatment system 10
or compost toilet which that operates on the principle of 11
decomposition of heterogeneous organic materials feces or other 12
excreta from the human body by aerobic and facultatively anaerobic 13
organisms and utilizes an effectively aerobic composting process 14
which that produces a stabilized humus. Acceptable innovative or 15
alternative waste treatment system does not include a septic 16
tankdrain field tank and soil dispersal system or any other system 17
which that is determined by the department to pose a similar threat 18
to the public health, safety, and welfare, and the quality of 19
surface and subsurface waters of this state. 20
(c) "Available public sanitary sewer system" means a public 21
sanitary sewer system located in a right of way, easement, highway, 22
street, or public way which that crosses, adjoins, or abuts upon on 23
the property and passing passes not more than 200 feet at the 24
nearest point from a structure in which sanitary sewage originates. 25
(d) "Department" means the department of environment, Great 26
Lakes, and energy. 27
(e) "Holding tank" means a system that utilizes all of the 28
following to collect sanitary sewage: 29
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(i) A septic tank with no outlet and that does not allow 1
clarified liquid effluent to discharge for additional treatment by 2
a soil dispersal system. 3
(ii) The services of a person engaged in septage waste 4
servicing. 5
(iii) Offsite disposal treatment at approved locations in 6
accordance with part 117 of the natural resources and environmental 7
protection act, 1994 PA 451, MCL 324.11701 to 324.11721. 8
(f) (d) "Person" means a person as defined in section 1106 or 9
a governmental entity. 10
(g) (e) "Public sanitary sewer system" means a sanitary sewer 11
or a combined sanitary and storm sewer used or intended for use by 12
the public for the collection and transportation of sanitary sewage 13
for treatment or disposal. 14
(h) (f) "Structure in which sanitary sewage originates" or 15
"structure" means a building in which toilet, kitchen, laundry, 16
bathing, or other facilities which that generate water-carried 17
sanitary sewage are used or are available for use for household, 18
commercial, industrial, or other purposes. 19
(i) "Violation notice" means a written notice or formal 20
enforcement action by the department or local health department in 21
response to a violation of this part or part 128. 22
Sec. 12752. (1) Public sanitary sewer systems are essential to 23
the health, safety, and welfare of the people of the this state. 24
Septic tank disposal Onsite wastewater treatment systems are 25
subject to failure due to soil conditions or other reasons. Failure 26
recognized as a cost-effective, long-term option for meeting public 27
health and water quality goals when the onsite wastewater treatment 28
system is properly managed. When an onsite wastewater treatment 29
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system is not properly managed, failure or potential failure of 1
septic tank disposal systems an onsite wastewater treatment system 2
poses a threat to the public health, safety, and welfare; presents 3
a potential for ill health, transmission of disease, mortality, and 4
economic blight; may constitute a nuisance; and constitutes a 5
threat to the quality of surface and subsurface waters of this 6
state. The connection to available public sanitary sewer systems at 7
the earliest, reasonable date is a matter for the protection of the 8
public health, safety, and welfare and necessary in the public 9
interest which that is declared as a matter of legislative 10
determination. 11
(2) Onsite wastewater treatment systems and premises or 12
structures that are not connected to a public sanitary sewer system 13
are subject to regulation under part 128. Local health departments 14
shall implement and enforce this part and any rules promulgated 15
under this part, except sections 12753, 12754, and 12756, unless 16
otherwise delegated, and part 128 and rules promulgated under that 17
part under any applicable provisions of this act. 18
(3) The department or a local health department may inspect, 19
evaluate, investigate, or authorize an inspection, evaluation, or 20
investigation to be made, to ensure compliance with this part and 21
part 128. The right for a local health department to inspect or 22
investigate, as provided under section 2446, applies to the 23
department and a local health department when utilized in this part 24
and part 128. The rights and responsibilities pertaining to the 25
department of health and human services obtaining a warrant, as 26
provided under sections 2241 to 2247, also apply to either the 27
department or a local health department when utilized in accordance 28
with this part and part 128. At any reasonable time, an authorized 29
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representative of the department or local health department may 1
enter on private or public property for the purpose of inspecting 2
and investigating conditions or practices that may be in violation 3
of this part or part 128. An investigation or inspection under this 4
subsection must comply with the United States Constitution and the 5
state constitution of 1963. Failure to comply with requests to 6
inspect or investigate is subject to a violation notice issued by 7
the department and further enforcement action, including, when 8
necessary, referral to the department of attorney general. The 9
department or a local health department may collect reasonable fees 10
as authorized by section 2444 for services associated with 11
administering an onsite wastewater treatment program. The 12
department or an authorized local health department shall add a 13
$5.00 public education and training fund fee to the application 14
fees collected under this subsection. A public education and 15
training fund fee collected under this subsection by a local health 16
department must be forwarded to the department quarterly. 17
(4) The public education and training fund is created as a 18
revolving fund in the department of treasury. The state treasurer 19
shall deposit the public education and training fund fees collected 20
under subsection (3) and money from any other source into the 21
public education and training fund. The state treasurer shall 22
direct the investment of the public education and training fund and 23
credit to the fund interest and earnings from fund investments. 24
Money that remains in the public education and training fund at the 25
end of the fiscal year carries forward into the next fiscal year. 26
The department is the administrator of the public education and 27
training fund and shall expend money from the fund to provide both 28
of the following: 29
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(a) Public education and outreach regarding onsite wastewater 1
treatment systems. 2
(b) Training to local health departments, evaluators, the 3
department, and agents of the department. 4
(5) All of the following are subject to the requirements 5
described under this part and part 128: 6
(a) A premises or structure. 7
(b) An outhouse, as that term is defined in section 12771. 8
(c) An innovative waste treatment system described under 9
section 12757. 10
(d) An onsite wastewater treatment system. 11
(e) The owner of or a person that is responsible for any of 12
the items described under subdivisions (a) to (d). 13
(6) An owner of an onsite wastewater treatment system is 14
responsible to respond and remedy nuisances or conditions that meet 15
the definition of failure in compliance with this part and part 16
128, and the rules promulgated under section 12817. 17
(7) As used in this section, "failure" and "onsite wastewater 18
treatment system" mean those terms as defined in section 12801. 19
Sec. 12757. (1) Notwithstanding sections 12752 to 12756 and 20
part 128, a person may install and use in a structure an acceptable 21
innovative or alternative waste treatment system or an acceptable 22
innovative or alternative waste treatment system in combination 23
with an acceptable alternative greywater system. The installation 24
and use of an acceptable innovative or alternative waste treatment 25
system or an acceptable innovative or alternative waste treatment 26
system in combination with an acceptable alternative greywater 27
system in a structure shall be is subject to regulation by the 28
local health department in accordance with the statewide sewage 29
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code promulgated under section 12817, and the ordinances and 1
regulations of the local units of government in which the structure 2
lies. is located. A local health department may inspect each 3
acceptable innovative or alternative waste treatment system within 4
its jurisdiction at least once each year to determine if it is 5
being properly operated and maintained. A local health department 6
may charge the owner of an acceptable innovative or alternative 7
waste treatment system a reasonable fee for such an inspection and 8
for the plan review and installation inspection. A copy of the 9
approved application or permit to install and use an alternative 10
acceptable innovative waste treatment system and a copy of each 11
maintenance inspection report shall must be forwarded to the 12
department and to the local unit of government and local health 13
department in which the structure lies. is located. The department 14
shall maintain a record of approved alternative systems an approved 15
acceptable innovative waste treatment system and their its 16
maintenance and operation. 17
(2) The department , after consultation with the state 18
plumbing board, shall adopt guidelines promulgate rules under 19
section 12817 to assist local health departments in determining 20
what are acceptable alternative greywater systems and what are 21
acceptable innovative or alternative waste treatment systems. The 22
department shall advise local health departments regarding the 23
appropriate installation and use of acceptable innovative or 24
alternative waste treatment systems and acceptable innovative or 25
alternative waste treatment systems in combination with acceptable 26
alternative greywater systems. 27
(3) A person who that installs and uses an acceptable 28
innovative or alternative waste treatment system or an acceptable 29
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innovative or alternative waste treatment system in combination 1
with an acceptable alternative greywater system shall is not be 2
exempt from any a special assessments assessment levied by a local 3
unit of government for the purpose of financing the construction of 4
an available public sanitary sewer system. 5
(4) Notwithstanding sections 12752 to 12756 and part 128, an 6
owner of a structure using that uses an acceptable innovative or 7
alternative waste treatment system in combination with an 8
acceptable alternative greywater system shall is not be required to 9
connect to an available public sanitary sewer system. 10
(5) An owner who of a structure that uses an acceptable 11
innovative waste treatment system that does not connect to an 12
available public sanitary sewer system pursuant to under subsection 13
(4) , shall is not be required to pay a connection or user fees fee 14
to a local unit of government except those a connection or user 15
fees which are fee that is allocated for financing of the 16
construction of an available public sanitary sewer system. In lieu 17
Instead of a connection or user fees, fee, an owner may be required 18
by the local unit of government to pay a sewer availability fee if 19
that fee is to be used for the purpose of paying a proportionate 20
share of financing the construction of an existing available public 21
sanitary sewer system. The exemption from the payment of a 22
connection or user fees fee under this subsection shall does not 23
apply to an owner connected to an available public sanitary sewer 24
system on the effective date of this act.or before March 31, 1981. 25
(6) A local unit of government may exempt an owner of a parcel 26
proposing to use an acceptable innovative or alternative waste 27
treatment system in combination with an acceptable alternative 28
greywater system from connection or user fees related to the 29
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financing, construction, use, or maintenance of an available public 1
sanitary sewer system. 2
Sec. 12771. (1) A person shall not maintain, or permit allow 3
to be maintained, on premises owned or controlled by the person an 4
outhouse unless the outhouse is kept in a sanitary condition, and 5
constructed and maintained in a manner which that will not injure 6
or endanger the public health. 7
(2) The Except as otherwise provided in this subsection, the 8
department shall promulgate rules governing that govern the 9
construction and maintenance of outhouses to safeguard the public 10
health and to prevent the spread of disease and the existence of 11
sources of contamination. The statewide sewage code promulgated 12
under section 12817 supersedes administrative rules promulgated 13
under this subsection, as applicable. 14
(3) A person who that violates this section is guilty of a 15
misdemeanor. An outhouse not constructed or maintained as required 16
by this section or the rules promulgated pursuant to in accordance 17
with this section shall be is considered a public nuisance. 18
(4) As used in this section, "outhouse" means a building or 19
other structure not connected with to a sewer system or with a 20
properly installed and operated sewage disposal soil dispersal 21
system, and which is used for the reception, disposition, or 22
storage, either temporarily or permanently, of feces or other 23
excreta from the human body. 24
PART 128. 25
ONSITE WASTEWATER TREATMENT SYSTEMS 26
Sec. 12801. (1) As used in this part and sections 12752 to 27
12758: 28
(a) "Alternative system" means a category of onsite wastewater 29
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treatment systems that are not conventional systems and that 1
provide for an equivalent or better degree of protection for public 2
health and the environment than a conventional system. 3
(b) "Approved onsite wastewater treatment system" means an 4
alternative system or conventional system for which a construction 5
permit and any required operating permits have been issued by the 6
department or a local health department having jurisdiction and an 7
inspection has found the system to be in compliance with all 8
required permits. 9
(c) "Authorized local health department" means a local health 10
department authorized by the department to administer this part and 11
part 127 under section 12803 for conventional systems and section 12
12805 for alternative systems. 13
(d) "Baffle" means a precast or preconstructed component of a 14
septic tank that serves to redirect, divert, or impede the flow of 15
wastewater through the septic tank in a beneficial manner. 16
(e) "Change in use or an increase in use" means a new or 17
increased use of the groundwater of this state for the disposal of 18
sanitary sewage through an onsite wastewater treatment system, 19
through 1 or more of the following: 20
(i) Connection of a new structure to an existing onsite 21
wastewater treatment system. 22
(ii) Increase in use of the structure resulting in an increased 23
sanitary sewage flow rate that exceeds the system design capacity. 24
(iii) Change in purpose for which a structure or portion of a 25
structure is utilized or occupied between residential, 26
nonresidential, or another type of nonresidential use or occupancy. 27
(iv) Increase in the wastewater effluent strength. 28
(v) Any other change or increase in use that may reasonably be 29
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expected to affect the ability of the onsite wastewater treatment 1
system to function as intended or perform as designed. 2
(f) "Construction permit" means a permit to install, 3
construct, alter, or repair an onsite wastewater treatment system. 4
(g) "Conventional system" means a category of onsite 5
wastewater treatment system that contains a watertight septic tank 6
and soil dispersal system that depends solely on subsurface soil 7
for treatment and dispersal and does not include any components of 8
an approved alternative technology. 9
(h) "Department" means the department of environment, Great 10
Lakes, and energy. 11
(i) "Effluent" means liquid flowing out of a component or 12
device. 13
(j) "Elements of a nonconforming system" means the presence of 14
1 or more of the following that may, as determined by an authorized 15
local health department, lead to a failure or improper functioning 16
of the onsite wastewater treatment system: 17
(i) Evidence of compaction or settling in the area of the 18
onsite wastewater treatment system that limits drainage in the area 19
of the system on the parcel, and rain and snow melt cannot 20
percolate through the system. 21
(ii) The soil dispersal system is hydraulically saturated. 22
(iii) Evidence of missing or damaged appurtenances of the onsite 23
wastewater treatment system. 24
(iv) Excessive biomatting is noted in 2 or more core samples 25
performed across the soil dispersal system that indicates that the 26
soil is no longer accepting effluent at a sufficient rate of 27
infiltration. 28
(v) Evidence of sustained operating levels within the septic 29
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tank above the invert of the septic tank outlet. 1
(vi) The system includes a proprietary product or 2
nonproprietary technology that meets the definition of an 3
alternative system but that was not included in the construction 4
permit. 5
(vii) The system is located too close to a drinking water 6
supply well or surface waters as determined by the statewide sewage 7
code. 8
(viii) The system has insufficient soil depth below the soil 9
dispersal system to provide adequate wastewater treatment before 10
dispersal to the groundwater. 11
(ix) Other conditions that may reasonably be expected to alter 12
the intended functionality of the onsite wastewater treatment 13
system. 14
(k) "Evaluator" means an individual registered under section 15
12823. 16
(l) "Experimental onsite wastewater treatment system" means a 17
class of alternative onsite wastewater treatment system that is in 18
experimental use and requires further testing in order to provide 19
sufficient information to determine its acceptability. 20
(m) "Failure" means a malfunction or condition of an onsite 21
wastewater treatment system that consists of 1 or more of the 22
following, as determined by an authorized local health department: 23
(i) A discharge of sanitary sewage to the surface of the 24
ground. 25
(ii) A discharge of sanitary sewage or effluent into surface 26
water, storm drains, or directly into groundwater. 27
(iii) The inability of the onsite wastewater treatment system to 28
accept sanitary sewage at the rate being discharged, resulting in 29
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the backup of sanitary sewage into a structure. 1
(iv) A structural failure or leaking of a septic tank or tanks 2
or other associated components and appurtenances. 3
(v) A discharge of treated wastewater that does not comply 4
with applicable standards established in the statewide sewage code. 5
(vi) An illicit connection or illicit discharge. 6
(vii) An absence of all or a key part of an onsite wastewater 7
treatment system, as determined in accordance with the statewide 8
sewage code. 9
(viii) The discharge of sanitary sewage or effluent is 10
endangering a public or private water supply. 11
(ix) The inability to access key parts of the onsite wastewater 12
treatment system. 13
(x) The authorized local health department determines that the 14
elements of a nonconforming system contribute to the overall 15
failure of the onsite wastewater treatment system in accordance 16
with the statewide sewage code. 17
(n) "Fund" means the onsite wastewater treatment system 18
administration fund created in section 12829. 19
(o) "Groundwater" means water in the ground that is in the 20
zone of saturation. 21
(p) "Illicit connection" means a physical, constructed 22
connection that allows the bypassing of required treatment by an 23
onsite wastewater treatment system in violation of law. 24
(q) "Illicit discharge" means any direct or indirect discharge 25
of sanitary sewage in violation of law. 26
(r) "Imminent danger" means a condition or practice that could 27
reasonably be expected to cause death, disease, or serious physical 28
harm immediately or before the imminence of the danger can be 29
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eliminated through enforcement procedures. 1
(s) "Maintenance" means routine or periodic action taken to 2
ensure proper system performance, extend system longevity, and 3
ensure a system meets performance requirements as designed, 4
including servicing the system through cleaning, septic tank 5
pumping, effluent filter cleaning or replacements, flushing 6
laterals, vegetation removal, effluent sampling if applicable, 7
adjustments to subcomponents, and other actions as recommended by a 8
product manufacturer and in accordance with the statewide sewage 9
code. 10
(t) "Management" means the siting, design, permitting, 11
construction, installation, inspection, operation, maintenance, 12
alteration, evaluation, rejuvenation, closure, and repair of onsite 13
wastewater treatment systems to ensure that onsite wastewater 14
treatment systems meet required performance standards established 15
in the statewide sewage code that are protective of public health 16
and the environment. 17
(u) "Minor repair" means the act of fixing or replacing 18
substandard or damaged subcomponents, such as septic tank access 19
lids, safety devices, risers, septic tank outlet baffle or outlet 20
devices, switches, solid piping located outside the soil dispersal 21
system, pumps, valves, and other subcomponents as determined in 22
accordance with the statewide sewage code. 23
(v) "Nonproprietary technology" means a wastewater treatment 24
or distribution technology, method, or product not subject to a 25
patent or trademark. 26
(w) "Onsite wastewater treatment system" or "system" means a 27
system of components and appurtenances, also referred to as a 28
septic system, septic tank disposal system, sewage system, sewage 29
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disposal system, or subsurface sewage disposal system, that is 1
used, or intended to be used, to collect, hold, and treat less than 2
10,000 gallons per day of sanitary sewage through 1 of the 3
following methods: 4
(i) Subsurface discharge to a soil dispersal system. 5
(ii) Subsurface discharge to another system that meets the 6
requirements of the statewide sewage code. 7
(iii) A holding tank, outhouse, innovative system, or other 8
component that collects and stores sanitary sewage until being 9
transported to an approved location for the necessary final 10
dispersal or final treatment. 11
(x) "Onsite wastewater treatment system evaluation" or 12
"evaluation" means an assessment of the sanitary sewage handling 13
methods where a premises or structure is not connected to a public 14
sanitary sewer system or an evaluation of an onsite wastewater 15
treatment system conducted under section 12821. 16
(y) "Operating level" means the elevation of effluent in a 17
tank. For a septic tank, operating level is determined by the 18
invert of the outlet piping. 19
(z) "Operating permit" means a renewable and revocable permit, 20
if required, to operate and maintain an onsite wastewater treatment 21
system in compliance with specific operational or performance 22
requirements. 23
(aa) "Outlet device" means any fixture on or around the outlet 24
pipe of a septic tank that serves to slow down, divert, screen, or 25
otherwise control the flow of effluent out of the septic tank. 26
(bb) "Point of sale" means the time at which the sale or 27
transfer of a parcel of real estate is complete. Point of sale does 28
not include a transfer described under section 3 of the seller 29
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disclosure act, 1993 PA 92, MCL 565.953. 1
(cc) "Proprietary product" means a treatment or distribution 2
product held under a patent or trademark that significantly 3
contributes to the treatment, performance, and attainment of 4
effluent quality or dispersal objectives. 5
(dd) "Public sanitary sewer system" means that term as defined 6
in section 12751 that is operated by a local unit of government. 7
(ee) "Sanitary sewage" means treated or untreated waste that 8
contains 1 or more of the following: 9
(i) Feces or other excreta from the human body. 10
(ii) Waste generated as a result of food service establishment 11
activities. 12
(iii) Waste generated from sanitary conveniences, including, but 13
not limited to, toilets, urinals, sinks, showers, bathtubs, 14
dishwashers, garbage grinders, and household laundry fixtures 15
available for use associated with office, industrial, commercial, 16
recreational, institutional, or other purposes. 17
(iv) Additional domestic flow generated as part of a household 18
activity. 19
(ff) Sanitary sewage does not include roof runoff, building 20
footing drain, wastes from industrial or commercial processes, and 21
stormwater. 22
(gg) "Septic tank" means a watertight, covered receptacle for 23
collection and treatment of sanitary sewage that does all of the 24
following: 25
(i) Receives the discharge of sanitary sewage. 26
(ii) Separates settleable and floating solids from the liquid. 27
(iii) Digests organic matter by anaerobic bacterial action. 28
(iv) Stores digested solids through a period of detention. 29
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(v) Allows clarified liquid effluent to discharge for 1
additional treatment by components and appurtenances, such as a 2
soil dispersal system. 3
(vi) Attenuates flows. 4
(hh) "Soil dispersal system" means a method in which septic 5
tank effluent or treated effluent is distributed by a network of 6
piping or other approved material to an approved method of 7
subsurface dispersal. 8
(ii) "Statewide sewage code" means the rules promulgated under 9
section 12817 that provide for the management of onsite wastewater 10
treatment systems. 11
(jj) "Structure in which sanitary sewage originates" or 12
"structure" means a building in which toilet, kitchen, laundry, 13
bathing, or other facilities that generate water-carried sanitary 14
sewage are used or are available for use for household, commercial, 15
industrial, or other purposes. 16
(kk) "Surface water" means that term as defined in section 17
3112a of the natural resources and environmental protection act, 18
1994 PA 451, MCL 324.3112a. 19
(ll) "Technical advisory committee" means the technical 20
advisory committee established by the department under section 21
12815. 22
(2) In addition, article 1 contains general definitions and 23
principles of construction applicable to all articles of this code. 24
Sec. 12803. (1) Not later than 180 days after the department 25
promulgates rules under section 12817, a local health department 26
shall create a plan to implement and administer this part and part 27
127 for the management of conventional systems and submit the plan 28
to the department for authorization. Not later than 120 days after 29
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the local health department submits the plan to the department, the 1
department shall review the plan to ensure the plan conforms to the 2
requirements in the statewide sewage code and provide corrective 3
guidance as necessary, and authorize the local health department to 4
administer this part for conventional systems. Not later than 1 5
year after the department promulgates rules under section 12817, 6
the local health department shall implement the approved plan to 7
administer this part for conventional systems. The local health 8
department shall do all of the following: 9
(a) Follow the standards established under this part and part 10
127, in accordance with section 2441, for the purposes of carrying 11
out the responsibilities of this part and part 127 and the 12
statewide sewage code, including authority to do all of the 13
following: 14
(i) Conduct preconstruction site evaluations, issue 15
construction permits, ensure installations are performed by 16
qualified individuals, as specified in the statewide sewage code, 17
and perform interim inspections during construction and final 18
inspections on completion of construction, if required. 19
(ii) Issue notices and penalties to persons that violate this 20
part, part 127, the rules promulgated under this part or part 127, 21
or the statewide sewage code, or endanger public health or the 22
environment. 23
(iii) Respond to complaints of failure of an onsite wastewater 24
treatment system or improper discharge of sanitary sewage. 25
(iv) Ensure long-term maintenance of onsite wastewater 26
treatment systems through construction permit requirements or the 27
issuance of operating permits, if applicable, for the management of 28
an onsite wastewater treatment system as described in the statewide 29
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sewage code. 1
(v) Conduct evaluations under section 12821, as applicable. 2
(vi) Review variances in accordance with the statewide sewage 3
code. 4
(b) Maintain qualified staff to administer a conventional 5
onsite wastewater treatment system program. Except as otherwise 6
provided under subsection (2), a staff member shall meet the 7
following minimum educational and training requirements to work 8
independently in an onsite wastewater treatment system program: 9
(i) One of the following: 10
(A) Possess a minimum of a 4-year bachelor of science or arts 11
degree with a major in environmental health, chemistry, biology, 12
geology, engineering, or an equivalent degree. 13
(B) Meet the educational eligibility requirements for the 14
registered environmental health specialist or registered sanitarian 15
credential exam. 16
(ii) Obtain a minimum of 8 hours of training that includes a 17
minimum of 4 hours of field training on the United States 18
Department of Agriculture soil classification system from the 19
department or another entity approved by the department. 20
(iii) Demonstrate competency and understanding of the statewide 21
sewage code, criteria for onsite wastewater treatment systems 22
provided in state law and rules, or any successor state law and 23
rules, the land division act, 1967 PA 288, MCL 560.101 to 560.293, 24
and the condominium act, 1978 PA 59, MCL 559.101 to 559.276. 25
(iv) Conduct a minimum of 10 supervised preconstruction field 26
or site evaluations of conventional onsite wastewater system 27
designs and 10 supervised final inspections with senior staff or a 28
supervisor. 29
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RMH H00321'25_HB6066_INTR_1 rvah7z
(v) Conduct a minimum of 5 solo preconstruction field 1
evaluations of onsite wastewater system designs and 5 solo final 2
inspections demonstrating understanding of the conventional onsite 3
wastewater treatment program as determined by senior staff or a 4
supervisor. 5
(vi) Attend and observe a minimum of 2 complete onsite 6
wastewater system installations. 7
(2) The following individuals are exempt from the requirements 8
of subsection (1)(b): 9
(a) A staff member of an authorized local health department 10
that has worked independently in an onsite wastewater treatment 11
system program for at least 3 years before the effective date of 12
the rules promulgated by the department under section 12817 and has 13
demonstrated competency and knowledge of onsite wastewater 14
treatment systems. 15
(b) A staff member that has limited duties within the onsite 16
wastewater treatment system program, has demonstrated competency 17
and knowledge, and is overseen by a sanitarian in accordance with 18
the rules promulgated under section 12817. As used in this 19
subdivision, "sanitarian" means that term as defined in section 20
18401. 21
Sec. 12805. (1) Not later than 180 days after the department 22
promulgates rules under section 12817, a local health department 23
shall create a plan to implement and administer this part and part 24
127 for the management of alternative systems and submit the plan 25
to the department for authorization. Not later than 120 days after 26
the local health department submits the plan to the department, the 27
department shall review the plan to ensure the plan conforms to the 28
requirements in the statewide sewage code and provide corrective 29
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RMH H00321'25_HB6066_INTR_1 rvah7z
guidance as necessary, and authorize the local health department to 1
administer this part for alternative systems. Not later than 2 2
years after the department promulgates rules under section 12817, 3
the local health department shall implement the approved plan to 4
administer this part for alternative systems. The local health 5
department shall do all of the following: 6
(a) Meet the requirements of section 12803. 7
(b) Follow the standards established under this part, in 8
accordance with section 2441, for the purpose of carrying out the 9
responsibilities of this part, including authority to do all of the 10
following: 11
(i) Review, evaluate, approve, or reject applications, plans, 12
and specifications to alter, install, repair, or replace 13
alternative systems. 14
(ii) Issue construction permits authorizing the installation of 15
alternative systems in accordance with section 12807. 16
(iii) Ensure long-term maintenance of alternative systems 17
through the issuance of operating permits after an operation and 18
maintenance evaluation determines compliance. 19
(2) Existing local health department regulations or guidance 20
for a particular type of alternative system remain in effect until 21
minimum standards and criteria for that type of system are 22
developed by the department in accordance with section 12813. 23
(3) An authorized local health department that administers an 24
alternative system construction and operating permitting program 25
within its jurisdiction shall issue a construction permit for the 26
installation of an alternative system if all of the following 27
conditions are met: 28
(a) The alternative system does either of the following: 29
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RMH H00321'25_HB6066_INTR_1 rvah7z
(i) Utilizes a proprietary product that is registered for use 1
by the department. 2
(ii) Utilizes nonproprietary technology in accordance with the 3
standards and guidance provided by the department in accordance 4
with the statewide sewage code. 5
(b) The soils, site conditions, and operating conditions at 6
the location are appropriate for the use of the alternative system 7
in compliance with the statewide sewage code. 8
(c) An acceptable management plan is developed and includes 9
operation and maintenance evaluations, in accordance with the 10
statewide sewage code. 11
Sec. 12807. (1) A person shall not install, construct, alter, 12
extend, repair, or replace an onsite wastewater treatment system 13
unless the person receives a construction permit from the 14
authorized local health department, and the department when 15
applicable, subject to any permit required under part 31 or 41 of 16
the natural resources and environmental protection act, 1994 PA 17
451, MCL 324.3101 to 324.3134 and 324.4101 to 324.4113. A person 18
does not need a construction permit under this section to conduct 19
maintenance on or for a minor repair to an onsite wastewater 20
treatment system that can be managed as described in the rules 21
promulgated under section 12817. 22
(2) A person shall obtain a construction permit for an onsite 23
wastewater treatment system from an authorized local health 24
department in compliance with this part and construct the system in 25
accordance with the statewide sewage code. 26
(3) A person that fails to obtain a construction permit or 27
comply with this part and part 127 is subject to enforcement action 28
by the local health department under section 12827. 29
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RMH H00321'25_HB6066_INTR_1 rvah7z
(4) A governmental entity with building code authority shall 1
not issue a building permit for a structure, residence, or facility 2
served, or intended to be served, by an onsite wastewater treatment 3
system unless 1 of the following is obtained from the authorized 4
local health department: 5
(a) A construction permit for the onsite wastewater treatment 6
system. 7
(b) An authorization for the continued use of the onsite 8
wastewater treatment system. 9
(c) An authorization for a change in use or an increase in use 10
of the existing onsite wastewater treatment system. 11
(5) A governmental entity with building code authority shall 12
not issue a certificate of occupancy for a structure, residence, or 13
facility served by an onsite wastewater treatment system unless an 14
approved final inspection report was issued by the authorized local 15
health department or an authorization was obtained under subsection 16
(4)(b) or (c). 17
(6) A governmental entity with building code authority that 18
issues a building permit or certificate of occupancy without 19
obtaining a permit or authorization required under subsection (4) 20
or an approved final inspection report under subsection (5), as 21
applicable, may be subject to an enforcement action by the 22
department of licensing and regulatory affairs. The actions of the 23
department of licensing and regulatory affairs under this 24
subsection may include, but are not limited to, enforcement actions 25
against a building official or inspector as provided under the 26
skilled trades regulation act, 2016 PA 407, MCL 339.5101 to 27
339.6133. 28
Sec. 12811. (1) Subject to subsection (4), beginning 45 days 29
24

RMH H00321'25_HB6066_INTR_1 rvah7z
after the department promulgates rules under section 12817, a 1
person shall not install, construct, alter, or repair a proprietary 2
product unless that product is registered for use in this state by 3
the department and a construction permit is obtained under section 4
12807. 5
(2) Beginning 45 days after the department promulgates rules 6
under section 12817, a person may apply for registration of a 7
proprietary product under subsection (1) by submitting an 8
application on a form and in a manner prescribed by the department. 9
The department may charge a fee of $3,000.00 to cover its costs in 10
reviewing applications for registration under this section. Money 11
received by the department must be forwarded to the state treasurer 12
for deposit into the fund. Not later than 30 days after receipt of 13
an application and fee, the department shall review the application 14
and determine whether the application is administratively complete. 15
Not later than 60 days after receipt of an administratively 16
complete application, the department shall approve or deny the 17
registration and notify the applicant in writing. In approving and 18
registering a proprietary product for use in this state, the 19
department shall consider the recommended standards and guidance 20
provided by the technical advisory committee. A registration under 21
this section is specific to a product model within a brand or 22
manufacturer's line and is valid for 5 years. A registration must 23
be renewed in the same manner as an initial registration under this 24
subsection. Beginning 3 years after the effective date of the 25
amendatory act that added this section, and once every 3 years 26
thereafter, the department shall adjust the fee specified under 27
this subsection by an amount determined by the state treasurer at 28
the end of the preceding fiscal year to reflect the cumulative 29
25

RMH H00321'25_HB6066_INTR_1 rvah7z
percentage change in the Detroit Consumer Price Index, and rounded 1
to the nearest $100.00. As used in this subsection, "Detroit 2
Consumer Price Index" means the most comprehensive index of 3
consumer prices available for the Detroit-Warren-Dearborn area from 4
the Bureau of Labor Statistics of the United States Department of 5
Labor. 6
(3) The department may deny, suspend, or revoke a registration 7
under this section following a contested case hearing conducted in 8
accordance with the administrative procedures act of 1969, 1969 PA 9
306, MCL 24.201 to 24.328, if the department finds any of the 10
following: 11
(a) The registration was obtained or was attempted to be 12
obtained through misrepresentation or fraud. 13
(b) The registrant transacted business under its registration 14
using fraudulent, coercive, or dishonest practices. 15
(c) The applicant or registrant failed to pay the required 16
registration application review fees. 17
(d) Field reviews, conducted in accordance with the statewide 18
sewage code, determine that the proprietary product does not 19
function or perform as designed. 20
(e) The proprietary product fails to meet the requirements of 21
the statewide code. 22
(4) An owner of an onsite wastewater treatment system does not 23
need to register a proprietary product under this section if both 24
of the following conditions are met: 25
(a) The proprietary product was installed as part of the 26
construction of an approved onsite wastewater treatment system 27
before the effective date of this part. 28
(b) The authorized local health department determines the 29
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RMH H00321'25_HB6066_INTR_1 rvah7z
continued use of the proprietary product can be managed in 1
accordance with the statewide sewage code. 2
(5) The requirements of this section apply to a person that 3
represents a proprietary product manufacturer that is applying for 4
registration of a proprietary product under subsection (1) before 5
an installation that occurs after the effective date of this part. 6
Sec. 12813. The department shall develop minimum standards and 7
criteria to assist local health departments in permitting different 8
types of onsite wastewater treatment systems, including, but not 9
limited to, the following categories: 10
(a) Nonproprietary technologies such as sand filters. 11
(b) Proprietary products such as aerobic treatment systems and 12
packed bed filters. 13
(c) Proprietary products such as subsurface dripline products 14
or gravelless distribution products. 15
(d) Systems that have not been installed or constructed but 16
for which a construction permit was issued by the local health 17
department before the effective date of the statewide sewage code. 18
Sec. 12815. (1) The technical advisory committee is created in 19
the department to advise and provide recommendations to the 20
department regarding the rules promulgated under section 12817. The 21
technical advisory committee may advise the department on all of 22
the following: 23
(a) Recommended standards and guidance for the management of 24
onsite wastewater treatment systems. 25
(b) Nonproprietary technologies and recommended standards and 26
guidance for the use of nonproprietary technologies. 27
(c) Testing and design standards used for proprietary product 28
registration and recommended standards and guidance for use of 29
27

RMH H00321'25_HB6066_INTR_1 rvah7z
proprietary products. 1
(d) Recommended standards and guidance for alternative onsite 2
wastewater treatment systems and the severity of a failure of a 3
system. 4
(e) Onsite wastewater treatment system evaluation elements and 5
reporting. 6
(f) Registration, training, and educational requirements for 7
evaluators and other individuals involved in the installation, 8
maintenance, and evaluation of onsite wastewater treatment systems 9
that are consistent with trainings established by professional 10
organizations that represent decentralized wastewater management 11
professionals recognized by the department or recognized by another 12
entity approved by the department. 13
(g) Ethical standards for evaluators and other individuals 14
involved in the installation, maintenance, and evaluation of onsite 15
wastewater treatment systems that are consistent with the ethical 16
standards established by professional organizations that represent 17
decentralized wastewater management professionals recognized by the 18
department. 19
(h) Documentation required to be submitted to the department 20
for qualifying and registering evaluators under section 12823. 21
(i) Qualifications of individuals other than evaluators 22
involved in the management of onsite wastewater treatment systems. 23
(j) Continuing education requirements for individuals involved 24
in the management of onsite wastewater treatment systems. 25
(k) Recommended standards for implementing this part. 26
(l) Guidance and standards for registering practitioners that 27
construct and maintain onsite wastewater treatment systems. 28
(m) Recommended standards and guidance for owners of onsite 29
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RMH H00321'25_HB6066_INTR_1 rvah7z
wastewater treatment systems for the maintenance of onsite 1
wastewater treatment systems. 2
(n) Recommended requirements for safety devices, which may 3
include, but are not limited to, standards for safety devices for 4
septic tanks that were installed or altered before the effective 5
date of the amendatory act that added this section. 6
(o) Recommended standards for septic tank access risers that 7
extend to the ground surface. 8
(p) Proposed conflict-of-interest system for evaluators and 9
individuals who install, construct, alter, or repair onsite 10
wastewater treatment systems. The conflict-of-interest system must 11
not preclude evaluators from owning businesses involved in the 12
installation, construction, alteration, or repair of onsite 13
wastewater treatment systems and must provide a means for an 14
evaluator or other individual to perform these services that may 15
result from an evaluation. 16
(q) Recommended requirements for evaluations that are in 17
addition to the requirements imposed under section 12821, including 18
but not limited to, all of the following: 19
(i) Standard operating procedures to determine septic tank 20
pumping requirements at the time of an evaluation and, if a septic 21
tank is pumped out, within 45 days before an evaluation. 22
(ii) Standard operating procedures for an evaluation conducted 23
if compaction may limit drainage, if a structure is not occupied or 24
in ordinary use, if the ground is frozen or snow covered, and if 25
access to the onsite wastewater treatment system is not feasible. 26
(iii) Tests and procedures for evaluators to perform to ensure 27
the validity of onsite wastewater treatment system evaluations. 28
(r) Proposed criteria for allowing the continued use of an 29
29

RMH H00321'25_HB6066_INTR_1 rvah7z
onsite wastewater treatment system that was constructed before the 1
effective date of the statewide sewage code if the use of an onsite 2
wastewater treatment system can be managed in a manner that does 3
all of the following: 4
(i) Ensures an effective level of treatment of sanitary sewage 5
determined to be necessary based on risk. 6
(ii) Protects public health and the environment. 7
(iii) protects surface waters of this state. 8
(iv) Protects groundwater quality. 9
(2) The technical advisory committee must consist of the 10
following members who have technical or scientific knowledge 11
applicable to onsite wastewater treatment systems: 12
(a) All of the following voting members: 13
(i) Four regional local health department representatives 14
recommended by a state organization representing local health 15
departments. Of the 4 regional local health department 16
representatives appointed under this subdivision, 1 representative 17
must be from the northern Lower Peninsula, 1 representative must be 18
from the southeast Lower Peninsula, 1 representative must be from 19
the southwest Lower Peninsula, 1 representative must be from the 20
Upper Peninsula. The 4 members appointed under this subsection must 21
be appointed by the department. 22
(ii) One member appointed by the speaker of the house of 23
representatives. 24
(iii) One member appointed by the senate majority leader. 25
(iv) All of the following members appointed by the governor: 26
(A) One professional engineer. 27
(B) One distributor or supplier of onsite system products and 28
devices. 29
30

RMH H00321'25_HB6066_INTR_1 rvah7z
(C) One onsite wastewater system installer who has completed 1
training developed by the National Onsite Wastewater Recycling 2
Association or other professional organization that represents 3
decentralized wastewater management professionals recognized by the 4
department. 5
(D) One onsite wastewater system service provider that 6
represents septage waste servicing business licensed under part 117 7
of the natural resources and environmental protection act, 1994 PA 8
451, MCL 324.11701 to 324.11721. 9
(E) One individual with knowledge of the use of onsite 10
wastewater treatment systems representing users of onsite 11
wastewater treatment systems. 12
(F) One representative from a state organization specializing 13
in the protection of public health and the environment through 14
improved water quality. 15
(G) One individual who has performed at least 10 evaluations 16
under preexisting onsite wastewater treatment system ordinances or 17
regulations. 18
(H) One soil scientist or academic representative specializing 19
in soil science. 20
(b) One nonvoting member who is a department representative 21
appointed by the director of the department. 22
(3) The members first appointed to the technical advisory 23
committee must be appointed not later than 90 days after the 24
effective date of the amendatory act that added this part. 25
(4) Members of the technical advisory committee shall serve 26
for terms of 4 years or until a successor is appointed, except that 27
of the members first appointed, 6 shall serve for 2 years, and 8 28
shall serve for 3 years. 29
31

RMH H00321'25_HB6066_INTR_1 rvah7z
(5) If a vacancy occurs on the technical advisory committee, 1
an individual must be appointed in the same manner as the original 2
appointment to fill the vacancy for the balance of the term. 3
(6) The governor may remove a member of the technical advisory 4
committee for incompetence, dereliction of duty, malfeasance, 5
misfeasance, or nonfeasance in office, or any other good cause. 6
(7) Not later than 120 days after the effective date of the 7
amendatory act that added this section, the governor shall call the 8
first meeting of the technical advisory committee. At the first 9
meeting, the technical advisory committee shall create a charter or 10
bylaws, which includes the amount of and frequency at which the 11
technical advisory committee shall meet, as it considers necessary 12
or appropriate. The technical advisory committee shall meet if 13
requested by the department. 14
(8) Seven of the members of the technical advisory committee 15
constitute a quorum for the transaction of business at a meeting of 16
the technical advisory committee. A majority of the members present 17
and serving are required for official action of the technical 18
advisory committee. 19
(9) A meeting of the technical advisory committee may be 20
conducted in whole or in part electronically by telephonic or video 21
conferencing with remote participation. 22
(10) A writing prepared, owned, used, in the possession of, or 23
retained by the technical advisory committee in the performance of 24
an official function is subject to the freedom of information act, 25
1976 PA 442, MCL 15.231 to 15.246. 26
(11) Members of the technical advisory committee shall serve 27
without compensation. However, members of the technical advisory 28
committee may be reimbursed for their actual and necessary expenses 29
32

RMH H00321'25_HB6066_INTR_1 rvah7z
incurred in the performance of their official duties as members of 1
the technical advisory committee. 2
(12) The technical advisory committee shall consider the 3
following in its advice to the department: 4
(a) Sufficient theory and applied research to document 5
efficacy of onsite wastewater treatment systems. 6
(b) Potential use, local soil conditions, and other factors 7
that may affect the operation of onsite wastewater treatment 8
systems. 9
(c) Field performance data that confirm the product or 10
technology functions when installed onsite as indicated by 11
submitted documents. 12
(d) Certification of onsite wastewater treatment systems by 13
NSF International or another recognized certifying agency. 14
(13) The technical advisory committee may consult with experts 15
in the field of management of onsite wastewater treatment systems 16
and other individuals with knowledge and expertise in the 17
management of onsite wastewater treatment systems, which may 18
include, but are not limited to, any of the following: 19
(a) Hydrogeologists with hydrogeology field experience. 20
(b) Microbiologists. 21
(c) Other scientists or academics. 22
(d) Onsite wastewater treatment systems product manufacturers. 23
(e) Individuals whose premises or structure is served by an 24
approved onsite wastewater treatment system. 25
(f) Environmental organizations. 26
(g) Financial organizations. 27
(h) Home builders. 28
(i) Real estate licensees. 29
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RMH H00321'25_HB6066_INTR_1 rvah7z
(j) Local units of government. 1
(k) Conservation districts. 2
(14) The department shall provide administrative support to 3
the technical advisory committee. The technical advisory 4
committee's initial advice and recommendations under subsection (1) 5
may be provided to the department not later than 2 years after the 6
effective date of the amendatory act that added this section. 7
Sec. 12817. Not later than 3 years after the effective date of 8
the amendatory act that added this part, the department, in 9
consultation with the technical advisory committee as provided 10
under section 12815, shall promulgate rules that establish a 11
statewide sewage code that complies with sections 12751 to 12833 12
and contains provisions for the management of onsite wastewater 13
treatment systems and performance-based standards for systems 14
categorized as conventional and alternative onsite wastewater 15
treatment systems and provide baseline protection for public health 16
and the environment. The statewide sewage code must include all of 17
the following provisions: 18
(a) Qualifications of any person involved in the installation 19
and management of onsite wastewater treatment systems. 20
(b) Standards for onsite wastewater treatment systems 21
products, components, and devices. 22
(c) Standards for the installation of onsite wastewater 23
treatment systems. 24
(d) Standards for wastewater effluent. 25
(e) Standards for the continued use of an onsite wastewater 26
treatment system. 27
(f) Criteria for granting variances under sections 12803 and 28
12821. 29
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RMH H00321'25_HB6066_INTR_1 rvah7z
(g) Any other requirement necessary to implement and carry out 1
this part and part 127. 2
Sec. 12818. A person that does either of the following is 3
guilty of a misdemeanor punishable by imprisonment for not more 4
than 1 year or a fine of not more than $10,000.00 for each 5
violation, or both: 6
(a) Submits or provides to the department or authorized local 7
health department false, misleading, or fabricated information 8
related to an onsite wastewater treatment system. 9
(b) Knowingly completes an onsite wastewater treatment system 10
evaluation for purposes of compliance with section 12821(4) and is 11
not an evaluator. 12
Sec. 12821. (1) Beginning 45 days after the department 13
promulgates rules under section 12817 and subject to subsection 14
(12), an owner of a premises or structure in which sanitary sewage 15
originates, that is not connected to a public sanitary sewer system 16
operated by a local unit of government must obtain an onsite 17
wastewater treatment system evaluation in accordance with the 18
schedule established under subsections (2) and (3). 19
(2) An onsite wastewater treatment system evaluation conducted 20
under this part, including an evaluation conducted under a point of 21
sale ordinance or regulation subject to section 12831, must be 22
conducted by an authorized local health department or evaluator in 23
accordance with this part and in accordance with the following 24
timeline: 25
(a) Not later than 10 years after the department promulgates 26
rules under section 12817, if the onsite wastewater treatment 27
system is 20 years old or older on or before the effective date of 28
the amendatory act that added this section, and 1 or both of the 29
35

RMH H00321'25_HB6066_INTR_1 rvah7z
following conditions exist: 1
(i) The onsite wastewater treatment system is installed within 2
500 feet of any surface water or within a high risk erosion area, 3
critical dune, or 100-year floodplain, as these terms are 4
determined by the department. 5
(ii) The department or local health department does not have a 6
record of a construction permit being issued for the installation 7
of an onsite wastewater treatment system. 8
(b) Before a change in use or an increase in use of the 9
existing onsite wastewater treatment system. 10
(c) Any time in accordance with the statewide sewage code. 11
(d) Any time, if the evaluation is arranged or allowed by the 12
real property owner of a premises or structure. 13
(e) Not later than 10 years after the department promulgates 14
rules under section 12817, if the onsite wastewater treatment 15
system is 30 years old or older on or before the effective date of 16
the amendatory act that added this section. 17
(3) After the first evaluation is conducted under subsection 18
(2), an onsite wastewater treatment system must be evaluated in 19
accordance with this section once every 10 years. Subject to the 20
statewide sewage code, after the first evaluation is conducted 21
under subsection (2), a local health department may determine that 22
an onsite wastewater treatment system does not require a subsequent 23
evaluation under this section if an approved onsite wastewater 24
treatment system is installed or corrective action, remedy, or 25
management steps are completed on the existing system. An owner of 26
a premises or structure not connected to a public sanitary sewer 27
that does not arrange for an evaluation under this subsection or 28
subsection (2) is not excluded from the requirement to arrange for 29
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RMH H00321'25_HB6066_INTR_1 rvah7z
an evaluation. Beginning 10 years after the effective date of rules 1
promulgated by the department under section 12817, an onsite 2
wastewater treatment system must be evaluated every 10 years if 3
either of the following applies: 4
(a) The system is 30 years old or older. 5
(b) If an evaluation was not conducted under subsection (2), 6
the system is 20 years old or older and is installed within 500 7
feet of surface water or within a high-risk erosion area, critical 8
dune, or 100-year floodplain, as these terms are determined by the 9
department. 10
(4) Not later than 10 years after the effective date of rules 11
promulgated under section 12817, a local health department may 12
submit an application on a form and in a manner prescribed by the 13
department to request an extension to the timeline requirements 14
under subsection (2). Not later than 60 days after a request for an 15
extension under this subsection is received, the department shall 16
grant or deny the extension. If the department denies the request 17
for an extension under this subsection, the department must state 18
the reasons for the denial in writing. An extension granted under 19
this subsection is valid for 1 year. A local health department may 20
apply for a subsequent extension in the same manner as an initial 21
extension under this subsection but may apply for not more than 2 22
extensions in total. The department shall consider all of the 23
following when determining whether to grant an extension under this 24
subsection: 25
(a) Documented lack of adequate funding to conduct 26
evaluations. Documentation under this subdivision must include, but 27
is not limited to, information on the financial standing of the 28
local health department and efforts made to raise funding, 29
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RMH H00321'25_HB6066_INTR_1 rvah7z
including charging a fee as described under subsection (13). 1
(b) Documented lack of adequate evaluator or local public 2
health qualified staff to complete evaluations despite documented 3
efforts to hire needed staff. 4
(c) Documented inability to successfully complete the 5
evaluations required under subsection (2). 6
(5) An authorized local health department or evaluator shall 7
conduct an onsite wastewater treatment system evaluation not later 8
than 90 days after the owner of the system arranges for the 9
evaluation. An authorized local health department or evaluator may 10
work with individuals who are involved in the management of onsite 11
wastewater treatment systems, in accordance with the statewide 12
sewage code, to complete an evaluation under this subsection. The 13
owner of the system shall not have the septic tank or tanks pumped 14
out within 45 days before an onsite wastewater treatment system 15
evaluation is arranged under this section. At the onsite wastewater 16
treatment system evaluation, the authorized local health department 17
or evaluator shall do all of the following: 18
(a) Identify the size, age, and visible condition of the 19
septic tank or tanks. 20
(b) Before conducting any pumping, document the level of 21
effluent, in relation to the operating level in the septic tank or 22
tanks. 23
(c) Document the level of scum and sludge by measuring the 24
vertical column depth of each layer of stratified septic tank 25
contents for each tank or compartment and arrange for the services 26
of a septage waste servicing business licensed under part 117 of 27
the natural resources and environmental protection act, 1994 PA 28
451, MCL 324.11701 to 324.11721, to pump out the septic tank or 29
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RMH H00321'25_HB6066_INTR_1 rvah7z
tanks, or recommend to the authorized local health department that 1
the septic tank or tanks be pumped out, if 1 of the following 2
applies: 3
(i) The authorized local health department or evaluator that 4
conducts the onsite wastewater treatment system evaluation 5
determines that it is necessary to complete the evaluation. 6
(ii) The sludge and scum accumulations within the septic tank 7
or tanks exceed 30% of each individual tank's volume or are 8
encroaching on the inlet or outlet. 9
(d) Verify that all sanitary sewage-related plumbing fixtures 10
are connected to the septic tank or tanks and are operational and 11
identify any sources of nonsanitary sewage-related connections to 12
the septic tank or tanks or the soil dispersal system that require 13
disconnection. 14
(e) Locate, expose, open, and assess the septic tank or tanks 15
and pumping chambers associated with the system. If the lid of any 16
septic tank or pumping chamber is greater than 12 inches below the 17
ground surface, the authorized local health department or evaluator 18
may require that the property owner uncover the lid or lids for 19
ease of access. 20
(f) If the system includes an alternative system or 21
proprietary product, identify that the required operation and 22
maintenance reporting is on file with the department or authorized 23
local health department. If the operation and maintenance reporting 24
are not up to date, notify the owner of the system of the need to 25
arrange for the required operation and maintenance by a qualified 26
service provider, subject to the statewide sewage code, and report 27
the findings to the authorized local health department. The 28
authorized local health department or evaluator shall assess and 29
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RMH H00321'25_HB6066_INTR_1 rvah7z
report any unresolved issues identified in the required operation 1
and maintenance report. 2
(g) To the extent reasonable, locate, determine the size of, 3
and observe the subsurface dispersal system to determine its 4
condition. 5
(h) Document the location in relation to the site of any 6
attributes including, but not limited to, drinking water wells, 7
surface water, and other setbacks as required by the statewide 8
sewage code. 9
(i) Observe or find information regarding the location of a 10
well, as that term is defined in section 12701, and assess the 11
approximate distance between the nearest well and the onsite 12
wastewater treatment system, if applicable. 13
(j) Observe the general area that includes the treatment and 14
dispersal system for evidence of system failure or elements of a 15
nonconforming system. 16
(k) Examine the premises for an illicit discharge to, 17
including, but not limited to, the surface of the ground, surface 18
water, groundwater, or drain. 19
(l) Document conditions observed, evidence of failure, and 20
elements of a nonconforming system. 21
(m) Assess and report the ponding level found in inspection or 22
observation ports located in the soil dispersal system. If 23
inspection or observation ports are not found, or do not penetrate 24
to the bottom of the soil dispersal system, collect at least 2 core 25
samples across the soil dispersal system. 26
(n) Estimate the current daily sanitary sewage flow, identify 27
structure use type, and identity and collect information on the 28
proposed new or increase in use. 29
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RMH H00321'25_HB6066_INTR_1 rvah7z
(o) Complete any other evaluation criteria set by the 1
department in the statewide sewage code. 2
(p) Prepare an evaluation report that contains the information 3
gathered under this subsection, including appropriate photographic 4
documentation taken at the evaluated premises. 5
(6) Not later than 14 days after the onsite wastewater 6
treatment system evaluation is completed, the authorized local 7
health department or evaluator that conducts the evaluation shall 8
do all of the following: 9
(a) Prepare an evaluation report that details the findings of 10
the onsite wastewater treatment system evaluation. An evaluation 11
report must be an objective and fact-based summary of conditions 12
observed on site at the time of the evaluation; must contain 13
information that follows standard report forms prescribed by the 14
department; and may contain recommendations to extend the life of 15
the onsite wastewater treatment system and prevent premature 16
failures of the system. 17
(b) Provide a printed or electronic copy of the evaluation 18
report to the owner of the onsite wastewater treatment system and 19
an electronic copy of the evaluation report to the authorized local 20
health department. An evaluation report must be provided under this 21
subsection even if the evaluation report is incomplete or the fee 22
provided for in subsection (13) or (14) was not paid. 23
(c) Provide a printed or electronic copy of the minimum 24
standards and criteria for conducting evaluations developed by the 25
department under section 12825(1) to the owner of the onsite 26
wastewater treatment system. 27
(7) An evaluation completed by an evaluator must be reviewed 28
by the authorized local health department. The authorized local 29
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RMH H00321'25_HB6066_INTR_1 rvah7z
health department shall determine the need for pumping, elements of 1
a nonconforming system, determination of failure or imminent 2
danger, or resolution. Not later than 21 days after an evaluator 3
submits an evaluation report under subsection (6), the authorized 4
local health department must do all of the following: 5
(a) Based on the evaluation, determine the status of all of 6
the following: 7
(i) Whether the onsite wastewater treatment system is in 8
failure. 9
(ii) Whether elements of a nonconforming system are 10
contributing to an overall failure of the onsite wastewater 11
treatment system. 12
(iii) Whether elements of a nonconforming system are not 13
contributing to an overall failure and the onsite wastewater 14
treatment system meets a sufficient level of compliance and can be 15
managed in a manner to provide for the minimum level of protection 16
of public health and the environment to allow for continued use. 17
(iv) Whether the onsite wastewater treatment system meets a 18
sufficient level of compliance and can be managed to provide for 19
the minimum level of protection of public health and the 20
environment to allow for continued use. 21
(v) Whether the onsite wastewater treatment system is in 22
compliance with this part and the statewide sewage code. 23
(vi) Whether the evaluation report was unable to be completed 24
and the owner of premises or a structure not connected to public 25
sanitary sewer needs to take corrective actions to allow an 26
evaluator to complete an evaluation. 27
(b) Determine whether any corrective actions or management 28
steps must be taken by the owner of the onsite wastewater treatment 29
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RMH H00321'25_HB6066_INTR_1 rvah7z
system to satisfy the requirements of the statewide sewage code and 1
this section. 2
(c) Determine whether the septic tank or tanks need to be 3
pumped and review the provided report for any pumping, to determine 4
if the relevant requirements of the statewide sewage code are 5
satisfied. 6
(d) Inform the owner of the onsite wastewater treatment system 7
of any determination made under subdivisions (a) to (c) and specify 8
an applicable time period for corrective actions to be completed. 9
(8) If the authorized local health department determines that 10
an evaluation report under subsection (6) identifies the need for 11
the septic tank or tanks to be pumped, the owner of the onsite 12
wastewater treatment system shall have the tank or tanks pumped by 13
a septage waste servicing business licensed under part 117 of the 14
natural resources and environmental protection act, 1994 PA 451, 15
MCL 324.11701 to 324.11721, not later than 60 days after the 16
evaluation report is received under subsection (6). 17
(9) Subject to subsection (11), if the owner of an onsite 18
wastewater treatment system or the owner of the premises or 19
structure not connected to a public sanitary sewer fails to arrange 20
for an onsite wastewater treatment system evaluation, fails to have 21
the system evaluated in accordance with the requirements of this 22
section, or fails to complete corrective actions identified under 23
subsection (7)(d), the owner is subject to the following: 24
(a) Beginning 60 days after the end of the applicable time 25
period under subsection (2), (3), or (7) and in the absence of good 26
cause shown by the owner under subsection (11), a civil fine of not 27
more than $250.00 for each 30-day period that the system remains 28
unevaluated or corrective actions remain incomplete. 29
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RMH H00321'25_HB6066_INTR_1 rvah7z
(b) Beginning 1 year after the end of the applicable time 1
period and in the absence of good cause shown, a civil fine of not 2
more than $500.00 for each 30-day period that the system remains 3
unevaluated or corrective action remains incomplete, up to 4
$15,000.00 in total civil fines under this subsection. 5
(10) Subject to subsection (11), if the authorized local 6
health department determines that an evaluation report under 7
subsection (6) identifies evidence of failure, the owner of the 8
onsite wastewater treatment system or the owner of the premises or 9
structure shall remedy the failure within 6 months after the 10
evaluation report is received under subsection (6) or within a time 11
period determined by the authorized local health department. An 12
owner that violates this subsection is subject to a civil fine of 13
not more than $1,000.00 for each 30-day period that the failure 14
continues. The prosecutor of the county in which the violation 15
occurred or the attorney general may bring an action to collect the 16
fine and require remedy of the failure. 17
(11) The department may waive any fine authorized under 18
subsections (9) and (10) if the owner of the onsite wastewater 19
treatment system or the owner of the premises or structure not 20
connected to a public sanitary sewer demonstrates either of the 21
following: 22
(a) That the owner's income is at or below 400% of the federal 23
poverty guidelines, as published annually in the Federal Register 24
by the United States Department of Health and Human Services under 25
its authority to revise the poverty line under 42 USC 9902, and 26
that not later than 1 year after the owner had a completed 27
evaluation under this section or remedied any failure identified in 28
the onsite wastewater treatment system evaluation under subsection 29
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RMH H00321'25_HB6066_INTR_1 rvah7z
(7). An extension to the 1-year timeline described under this 1
subdivision may be granted in accordance with the rules promulgated 2
under section 12817. 3
(b) That the payment of any fines under subsection (9) or 4
(10), or both, would pose significant financial stress on the owner 5
of the system and that not later than 1 year of the owner of the 6
system completed an evaluation under this section or remedied any 7
failure identified in the onsite wastewater treatment system 8
evaluation under subsection (7). 9
(12) In accordance with the statewide sewage code, if 10
determined necessary by the department and on request of an owner 11
of an onsite wastewater treatment system, the department may grant 12
a variance from the onsite wastewater treatment system evaluation 13
requirements under this section. 14
(13) An authorized local health department or evaluator may 15
charge a fee for conducting an onsite wastewater treatment system 16
evaluation. An authorized local health department may charge a 17
reasonable fee not to exceed the costs of conducting, 18
administering, and reviewing onsite wastewater treatment system 19
evaluations. 20
(14) In addition to the fee charged for conducting an onsite 21
treatment system evaluation under subsection (13), an authorized 22
local health department or evaluator, as applicable, shall charge 23
an additional $50.00 state administrative fee. An evaluator shall 24
submit the administrative fee to the department at the same time an 25
evaluation report is submitted under subsection (6). State 26
administrative fees collected by a local health department must be 27
forwarded to the department on a quarterly basis. Beginning 3 years 28
after the effective date of the statewide sewage code, and every 3 29
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RMH H00321'25_HB6066_INTR_1 rvah7z
years thereafter, the department shall adjust the state 1
administrative fee in this subsection by an amount determined by 2
the state treasurer to reflect the cumulative annual percentage 3
change in the Consumer Price Index. As used in this subsection, 4
"Consumer Price Index" means the most comprehensive index of 5
consumer prices available for this state from the Bureau of Labor 6
Statistics of the United States Department of Labor. 7
(15) All state administrative fees and civil fines authorized 8
and collected under this section must be forwarded to the state 9
treasurer for deposit into the fund. 10
(16) Beginning 2 years after the first civil fine is imposed 11
under subsection (9)(a), the civil fine constitutes a recorded lien 12
when filed at the register of deeds office on the real property 13
owned by the owner of the onsite wastewater treatment system or the 14
premises or structure. A recorded lien under this subsection is 15
effective and has priority over all other liens and encumbrances 16
except those filed or recorded before the date of the judgment only 17
if notice of the lien is filed or recorded as required by state or 18
federal law. A lien filed or recorded under this subsection is 19
terminated in accordance with the procedures required by state or 20
federal law not later than 14 days after the owner has the system 21
evaluated and pays the civil fine. 22
Sec. 12823. (1) Subject to subsection (2), to apply for a 23
registration as an evaluator, an individual shall meet the training 24
requirements established in the statewide sewage code and submit an 25
application on a form and in a manner prescribed by the department. 26
The department may charge a $180.00 application fee to cover the 27
department's costs under this section. An application fee collected 28
under this section must be forwarded to the state treasurer for 29
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RMH H00321'25_HB6066_INTR_1 rvah7z
deposit into the fund. 1
(2) Beginning on the effective date of the statewide sewage 2
code and for 3 years thereafter, an evaluator who has 3 years of 3
work experience, as determined by the department, does not have to 4
comply with the training requirements established in the statewide 5
sewage code. 6
(3) All evaluation reports received under section 12821(5) are 7
subject to an audit by the department. The department may 8
promulgate rules under section 12817 to implement an audit 9
authorized under this subsection. The department may suspend or 10
revoke a registration under subsection (5) following an audit 11
authorized under this subsection. 12
(4) A registration granted under this section is valid for 3 13
years. The department shall review individuals registered under 14
this section once every 3 years and renew a registration for any 15
individual who submits a renewal application and fee and who 16
continues to meet continuing education requirements. The department 17
may establish renewal fees or late fees. A registration described 18
under this section is nontransferable. 19
(5) A registration under this section may be denied, 20
suspended, or revoked following a contested case hearing conducted 21
in accordance with the administrative procedures act of 1969, 1969 22
PA 306, MCL 24.201 to 24.328, for any of the following reasons: 23
(a) The use of fraud or deceit in obtaining or renewing a 24
registration. 25
(b) An act of gross negligence, incompetence, or misconduct in 26
conducting or reporting on an onsite wastewater treatment system 27
evaluation. 28
(c) The failure to satisfactorily complete continuing 29
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RMH H00321'25_HB6066_INTR_1 rvah7z
education requirements specified under the statewide sewage code. 1
(d) The submission of an evaluation report knowingly based on 2
false, incorrect, misleading, or fabricated information. 3
(e) The failure to submit an evaluation report. 4
(f) The failure to pay a required fee. 5
(g) The failure to meet the ethical standards established in 6
the statewide sewage code. 7
(h) Conviction in a civil or criminal proceeding or failure to 8
comply with a judgment or order that is issued by a court in 9
connection with a matter related to the conduct necessary to 10
provide the services of an evaluator. 11
(i) Any other violation of this part, part 127, the rules 12
promulgated under part 127, or the statewide sewage code. 13
(6) The department shall maintain a list of individuals 14
registered under this section and make the list available on the 15
department's website. 16
Sec. 12825. (1) The department shall develop and make 17
available minimum standards and criteria for conducting evaluations 18
and forms for use in documenting the management of onsite 19
wastewater treatment systems, including evaluation report forms for 20
onsite wastewater treatment system evaluations conducted under 21
section 12821. 22
(2) Ten years after the effective date of the amendatory act 23
that added this section, the department shall prepare and submit a 24
report to the legislature and governor that analyzes and evaluates 25
the results of the implementation of the statewide sewage code, 26
outlines needed areas of improvement, and assesses adjusting the 27
evaluation timelines specified under section 12821(2) and (3) based 28
on water quality data and trends. 29
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RMH H00321'25_HB6066_INTR_1 rvah7z
(3) The department shall make available and maintain an on-1
site wastewater treatment system electronic database for recording 2
and tracking the locations of onsite wastewater treatment systems 3
in this state and the findings of onsite wastewater treatment 4
system evaluations. The department may require an authorized local 5
health department to input the data described under this subsection 6
into the onsite wastewater treatment system electronic database. 7
The department shall provide authenticated access to the onsite 8
wastewater treatment system electronic database. The onsite 9
wastewater treatment system electronic database must contain all of 10
the following information: 11
(a) An evaluation report completed under section 12821. The 12
department may require an authorized local health department or 13
evaluator to electronically enter the report information into the 14
onsite wastewater treatment system electronic database instead of 15
the written report. 16
(b) Documentation and records from authorized local health 17
departments regarding the locations and previous evaluation or 18
inspection records of onsite wastewater treatment systems. 19
(c) Any other data, information, or record determined relevant 20
by the department. 21
(4) The onsite wastewater treatment system electronic database 22
created under subsection (3) must provide authenticated access to 23
authorized users to maintain the protected status of any sensitive 24
personal information contained within the database. 25
Sec. 12827. (1) Except as provided under section 12821(9) and 26
(10), a person, an owner of an onsite wastewater treatment system, 27
or an owner of a premises or structure that is not connected to a 28
public sanitary sewer system that fails to comply with this part, 29
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RMH H00321'25_HB6066_INTR_1 rvah7z
part 127, a rule promulgated under part 127, or the statewide 1
sewage code is subject to the following: 2
(a) For a first violation, the person is guilty of a 3
misdemeanor punishable by imprisonment for not more than 90 days, a 4
fine of not less than $500.00 or more than $2,000.00, or both. 5
(b) For a second or subsequent violation, the person is guilty 6
of a misdemeanor punishable by imprisonment for not more 180 days, 7
a fine of not less than $1,000.00 or more than $10,000.00, or both. 8
(2) Each day that a violation continues constitutes a separate 9
violation under subsection (1). 10
(3) When the department or an authorized local health 11
department determines that there are reasonable grounds to believe 12
there has been a violation of this part, part 127, the rules 13
promulgated under part 127, or the statewide sewage code, the 14
authorized local health department shall investigate the violation. 15
If the authorized local health department determines there has been 16
a violation, the authorized local health department shall issue a 17
notice and penalty, as applicable, under section 12803(1)(a)(ii) and 18
order the responsible party to make corrections to be in compliance 19
with this part, part 127, the rules promulgated under part 127, and 20
the statewide sewage code. 21
(4) The prosecutor of the county in which the violation 22
occurred or the attorney general may bring an action to collect a 23
fine authorized under this section and require compliance with this 24
part, part 127, the rules promulgated under part 127, and the 25
statewide sewage code. 26
(5) A civil fine authorized and collected under this section 27
must be forwarded to the state treasurer for deposit into the fund. 28
(6) The department or an authorized local health department 29
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RMH H00321'25_HB6066_INTR_1 rvah7z
may request that the attorney general or prosecutor of the county 1
in which the violation occurred commence a civil action for 2
appropriate relief, including a permanent or temporary injunction, 3
for a violation of this part, part 127, the statewide sewage code, 4
or a provision of a permit or order issued under this part or part 5
127. An action under this subsection may be brought in the circuit 6
court for Ingham County or for the county in which the defendant is 7
located, resides, or is doing business. If requested by the 8
defendant, within 21 days after service of process, the court shall 9
grant a change of venue to the circuit court for Ingham County or 10
for the county in which the alleged violation occurred, is 11
occurring, or, in the event of a threat of violation, will occur. 12
The court has jurisdiction to restrain the violation and require 13
compliance. In addition to any other relief granted under this 14
subsection, the court, except as otherwise provided in this 15
section, shall impose a civil fine of not less than $2,500.00, and 16
the court may award reasonable attorney fees and costs to the 17
prevailing party. 18
(7) Final decision-making authority with respect to this part, 19
part 127, the rules promulgated under part 127, and the statewide 20
sewage code remains with the department. An authorized local health 21
department may perform delegated functions authorized by and with 22
direction from the department in accordance with the statewide 23
sewage code, but the department maintains ultimate enforcement 24
authority. 25
Sec. 12829. (1) The onsite wastewater treatment system 26
administration fund is created in the state treasury. 27
(2) The state treasurer may receive money or other assets from 28
any source for deposit into the fund. The state treasurer shall 29
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RMH H00321'25_HB6066_INTR_1 rvah7z
direct the investment of the fund and credit to the fund interest 1
and earnings from fund investments. 2
(3) Money in the fund at the close of the fiscal year remains 3
in the fund and does not lapse to the general fund. 4
(4) The department is the administrator of the fund for 5
auditing purposes. 6
(5) The department shall expend money from the fund, on 7
appropriation, only for the following purposes: 8
(a) To administer this part. 9
(b) For grants to local health departments to carry out their 10
responsibilities under this part, including, but not limited to, 11
for the digitization of records of locations relating to onsite 12
wastewater treatment systems and the locations of drinking water 13
supply sources, including, but not limited to, onsite water wells 14
or a public water supply. As used in this subdivision: 15
(i) "Public water supply" means that term as defined in section 16
2 of the safe drinking water act, 1976 PA 399, MCL 325.1002. 17
(ii) "Well" means that term as defined in section 12701. 18
(c) For grants or loans to homeowners who are below 400% of 19
the federal poverty level for all associated costs applicable to 20
remedy a failure of an onsite wastewater treatment system 21
identified under section 12821 or to provide funds to compensate 22
for an arranged onsite wastewater treatment system evaluation. As 23
used in this subdivision, "federal poverty level" means the federal 24
poverty guidelines published annually in the Federal Register by 25
the United States Department of Health and Human Services under its 26
authority to revise the poverty line under 42 USC 9902. 27
(d) To administer a public outreach and educational campaign 28
to inform individuals on the requirements of section 12821 and the 29
52
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RMH H00321'25_HB6066_INTR_1 rvah7z
importance of operation and maintenance of onsite wastewater 1
treatment systems. 2
Sec. 12831. (1) If a local unit of government, county, or 3
local health department has a point of sale ordinance to require 4
evaluations of onsite wastewater treatment systems, the point of 5
sale ordinance must be consistent with or as stringent as the 6
requirements under this part. Local ordinances must meet the 7
requirements of sections 1115 and 2441. As used in this section, 8
"local unit of government" means a township, city, or village in 9
this state. 10
(2) A point of sale ordinance may address occupancy in a 11
manner that complies with the regulations of the local health 12
department and is otherwise applicable to property of the same 13
type. A point of sale ordinance shall not interfere with, 14
condition, or prohibit the transfer of title to a property. 15
(3) If an evaluation of an onsite wastewater treatment system 16
cannot be performed before a sale or transfer of the property on 17
which the onsite wastewater treatment system is situated, either 18
the purchaser or the transferee shall notify the local health 19
department that has jurisdiction of the property of the names of 20
the purchasers and a timeline for the completion of an evaluation. 21
Sec. 12833. The department, under part 41 of the natural 22
resources and environmental protection act, 1994 PA 451, MCL 23
324.4101 to 324.4113, and this act, and local health departments 24
under this act, have exclusive jurisdiction over the regulation, 25
permitting, and evaluation of onsite wastewater treatment systems. 26
Enacting section 1. This amendatory act takes effect 90 days 27
after the date it is enacted into law. 28