Legislative Analysis
Phone: (517) 373-8080
ONSITE WASTEWATER TREATMENT REGULATION
http://www.house.mi.gov/hfa
House Bill 4479 as introduced Analysis available at
Sponsor: Rep. Phil Skaggs http://www.legislature.mi.gov
House Bill 4480 as introduced
Sponsor: Rep. Carrie Rheingans
Committee: Natural Resources, Environment, Tourism and Outdoor Recreation
Revised 12-12-24
SUMMARY:
House Bill 4479 would add a new Part 128 (Onsite Wastewater Treatment Systems) to the
Public Health Code, to provide regulations for onsite wastewater treatment systems. Local
health departments could implement and enforce the new regulations in Part 128 or any other
part of the code relating to the systems, and the Department of Environment, Great Lakes, and
Energy (EGLE) would be responsible for oversight at the state level.
Local health department administration of Part 128
The bill would prescribe criteria that must be met for a local health department to be authorized
to administer Part 128 with regard to onsite wastewater treatment systems. Different criteria
would apply concerning conventional systems and alternative systems.
Onsite wastewater treatment system would mean a system of components and
appurtenances used to collect and treat sanitary sewage or domestic equivalent
wastewater from one or more dwellings, buildings, or structures and discharge no more
than 10,000 gallons per day of the resulting effluent to a soil dispersal system on
property owned by or under the control of the owner of the onsite wastewater treatment
system.
Sanitary sewage would mean water and contaminants discharged from sanitary
conveniences, including bathroom, kitchen, and household laundry fixtures of
dwellings, office buildings, industrial plants, commercial buildings, and institutions.
Domestic equivalent wastewater would mean wastewater that is not sanitary sewage
but is demonstrated to have similar wastewater characteristics and flow and is
amenable to onsite wastewater treatment and soil dispersal through a conventional or
alternative system.
Conventional system would mean an onsite wastewater treatment system that contains
a watertight septic tank with nonuniform distribution of effluent to a soil dispersal
system that does not include any components of an approved alternative technology.
Alternative system would mean an onsite wastewater treatment system that is not a
conventional system and that provides for an equivalent or better degree of protection
for public health and the environment than a conventional system.
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 If a local health department does all of the following, EGLE would have to authorize it to
administer Part 128 for conventional systems:
• Adopts regulations consistent with Part 128 for the purpose of carrying out the
responsibilities of the part and the statewide code (rules issued under Part 128 as
authorized by House Bill 4480), including authority to do all of the following:
o Conduct site evaluations, issue construction permits, and perform interim
inspections during construction and final inspections on completion of
construction, if required.
o Issue notices and penalties to persons that violate Part 128 or endanger public
health or the environment.
o Respond to complaints of failure of an onsite wastewater treatment system.
o Provide an administrative review for any person affected by an order, decision,
or notice issued by the local health department. The results of the
administrative review would have to be provided to EGLE, if requested.
• Maintains qualified staff to administer a conventional onsite wastewater treatment
system program. A staff member would have to meet the following minimum
educational and training requirements to work independently in an onsite wastewater
treatment system program:
o Possess a minimum of a four-year bachelor of science or arts degree with a
major in environmental health, chemistry, biology, geology, engineering, or an
equivalent degree.
o Obtain a minimum of eight hours of training that includes at least four hours of
field training on the U.S. Department of Agriculture soil classification system
from EGLE or an EGLE-approved entity.
o Demonstrate competency and understanding of local sanitary regulations,
criteria for subsurface sewage disposal provided in state law and rules, and the
Land Division Act.
o Demonstrate competency and understanding of the Michigan local public
health accreditation program, accreditation indicators, and all minimum
program requirements pertaining to onsite wastewater treatment systems.
o Conduct a minimum of 10 supervised field evaluations of onsite wastewater
system designs and 10 supervised final inspections with senior staff or a
supervisor.
o Conduct a minimum of five solo field evaluations of onsite wastewater system
designs and five solo final inspections demonstrating understanding of the
onsite wastewater treatment program as determined by senior staff or a
supervisor.
o Attend and observe a minimum of two complete onsite wastewater system
installations from beginning to end.
• Adopts local health department regulations that, at a minimum, provide protection for
public health and the environment equivalent to this part and submit its regulations to
the department for review and approval.
If a local health department does all of the following, EGLE would have to authorize it to
administer Part 128 for alternative systems:
• Meets the above requirements for conventional systems.
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 • Adopts regulations consistent with Part 128 for the purpose of carrying out the
responsibilities of the part, including authority to do all the following:
o Review, evaluate, approve, or reject applications, plans, and specifications to
alter, install, repair, or replace alternative systems.
o Issue construction permits authorizing the installation of alternative systems as
described below.
o Ensure long-term maintenance of alternative systems through the issuance of
operating permits.
If a local health department has existing regulations or guidance for a particular type of
alternative system, they would remain in effect until recommended standards and guidance for
that type of system are developed by EGLE.
EGLE could enter into agreements, contracts, or cooperative arrangements with appropriate
authorized local health departments or other persons for the purpose of administering Part 128.
To the extent a local health department is not authorized to administer Part 128, EGLE would
have to implement these requirements. To implement Part 128, EGLE could contract with
another authorized local health department or other qualified person.
Construction permits for onsite wastewater treatment systems
The bill would prohibit an individual from installing, constructing, altering, or repairing an
onsite wastewater treatment system unless that individual first obtains a construction permit
from an authorized local health department, along with any other permits required under Part
31 (Water Resources Protection) or Part 41 (Sewerage Systems) of the Natural Resources and
Environmental Protection Act (NREPA). If the local health department with jurisdiction over
the property is not authorized to administer Part 128, the construction permit would have to be
issued by EGLE. A local unit of government could not issue a building permit for a residence
or facility that will be served by an onsite wastewater treatment system for which a construction
permit has not been obtained under these provisions.
Construction permit conditions
If both of the following conditions are met, EGLE or the local health department, as applicable,
would have to issue the construction permit:
• The alternative system does either of the following:
o Uses a proprietary product that has been registered for use by EGLE.
o Uses a nonproprietary technology in accordance with the recommended
standards and guidance provided by EGLE in accordance with the statewide
code (Part 128 rules).
• The soils, site conditions, and operating conditions at the location are appropriate for
the use of the alternative system in compliance with the statewide code.
Proprietary product would mean a treatment or distribution product held under patent
or trademark that significantly contributes to the treatment, performance, and
attainment of effluent quality or dispersal objectives.
An alternate system would have to be inspected by EGLE, an authorized local health
department, or registered inspector at least once every five years, unless otherwise provided in
the statewide code.
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 Proprietary product registration
Beginning January 1, 2026, a person could not install, construct, alter, or repair a proprietary
product unless that product is registered for use in Michigan by EGLE and a construction
permit has been obtained. To register a proprietary product, a person would have to submit an
application on a form and in a manner prescribed by EGLE, which could charge a fee of $3,000
to cover its costs in reviewing applications for registration. Money received by EGLE for the
registration application would have to be forwarded to the state treasurer for deposit into the
Onsite Wastewater Treatment System Administration Fund proposed by House Bill 4480.
Within 30 days after receiving the application and fee, EGLE would have to review the
application and determine whether it is administratively complete. Within 60 days after
receiving an administratively complete application, EGLE would have to approve or deny the
registration and notify the applicant in writing. In approving a proprietary product and
registering it for use in Michigan, EGLE would have to consider the recommended standards
and guidance provided to it by the technical advisory committee proposed by House Bill 4480.
A registration would be valid for five years and could be renewed without a fee.
Following a contested case hearing under the Administrative Procedures Act, EGLE could
deny, suspend, or revoke a registration if it finds any of the following:
• The registrant obtained or attempted to obtain the registration through fraud or
misrepresentation.
• The registrant transacted business under its registration using fraudulent, coercive, or
dishonest practices.
• The applicant or registrant failed to pay the required registration application review
fees.
• Field reviews determine that the proprietary product does not function or perform as
designed.
Recommended standards
EGLE would have to develop recommended standards and guidance to assist local health
departments in permitting different types of wastewater treatment systems, including the
following three categories:
• Nonproprietary technologies such as sand filters.
• Proprietary products such as aerobic treatment systems and packed bed filters.
• Proprietary products such as subsurface dripline products or gravelless distribution
products.
Required inspections
The owner of an onsite wastewater treatment system would have to arrange for an inspection
of that system to be conducted at least once every five years or if one of the following occurs:
• A complaint is filed with the local health department or EGLE based on a suspected
failure of the system and the local health department or EGLE determines that there is
reasonable cause to require an inspection to be conducted.
• A change in use is proposed that increases use of an existing onsite wastewater
treatment system.
• The owner of the property where a system is located applies for a building permit for
construction of a structure or an addition to a structure.
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 The inspection would have to be conducted by either EGLE, the local health department, or a
registered inspector (described below). EGLE would have to make inspection report forms for
use by inspectors and make and maintain an electronic database for recording and tracking
inspection results. The owner of the tank could have it pumped out no more than 30 days before
the inspection. The individual conducting the inspection would have to do all of the following:
• Identify the size and condition of the septic tank or tanks.
• Before conducting any pumping, document the level of effluent in the septic tank or
tanks.
• Pump out the septic tank or tanks, unless the owner had them pumped out before the
inspection as described above.
• Verify that all sanitary sewage-related plumbing fixtures are connected to the septic
tank or tanks.
• Locate, expose, open, and inspect the septic tank or tanks and pumping chambers
associated with the system.
• Inspect the enhanced treatment unit that exists as part of an alternative system, if
applicable.
• Locate, determine the size of, and observe the subsurface dispersal system to determine
its condition.
• Observe the general area that includes the treatment and dispersal system for evidence
of system failure or other factors that may influence proper operation.
• Inspect for an illicit discharge to the surface of the ground, surface water, or drain.
• Document evidence of a failure of the onsite wastewater treatment system and whether
the failure is causing an imminent danger.
• Prepare an inspection report of the information gathered.
Imminent danger would mean a condition or practice that could reasonably be
expected to cause death, disease, or serious physical harm immediately or before the
imminence of the danger can be eliminated through enforcement procedures.
Within 21 days after an inspection is completed, the individual conducting the inspection
would have to do both of the following:
• Prepare an inspection report that details the findings of the inspection.
• Provide a written or electronic copy of the inspection report to the owner of the onsite
wastewater treatment system and to the authorized local health department or EGLE.
If the inspection finds evidence of failure causing an imminent public health hazard, the owner
of the system would have to remedy the failure within six months after the inspection report is
received and as directed by the authorized local health department or EGLE. An owner that
violates this provision would be subject to a civil fine of up to $1,000 for each 30-day period
the system remains in failure. The prosecutor of the county where the violation occurred, or
the attorney general, could bring an action to collect the fine.
An inspection would be valid for five years after it is conducted, unless there is a change in the
system’s use or a system failure during that period.
EGLE or the local health department could charge a reasonable fee, not to exceed the costs of
conducting a system inspection. The entity also would have to charge a $25 administrative fee,
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 to be forwarded to EGLE by October 1 of each year for deposit into the Onsite Wastewater
Treatment System Administration Fund.
Registered inspectors
Beginning January 1, 2026, only EGLE, a registered inspector, or a qualified local health
department staff member could conduct an onsite wastewater treatment system inspection. To
qualify and become registered, an individual would have to meet the educational and training
requirements of the statewide code (Part 128 rules), submit an application to EGLE, and pay a
$180 application fee.
If an organization or authorized local health department has a program to qualify inspectors of
onsite wastewater treatmen