Tag: groundwater

FLOW Coalition Calls on EGLE to Deny Groundwater Discharge Permit for Fremont Regional Digester

Published on August 7th, 2024 by - Reports & Media Releases

Traverse City, Mich.— On Friday, August 2, 2024 FLOW submitted comprehensive legal and technical comments (PDF) to the Michigan Department of Energy, Great Lakes, and Environment (“EGLE”), calling on EGLE to deny a groundwater discharge permit for the Fremont Regional Digester owned by Generate Upcycle, a Delaware corporation.

The Coalition of signatories includes Fremont area farmer Kathleen Morrison, Michigan Farmers Union, Michigan Lakes and Streams Association, Michiganders for a Just Farming System, Progress Michigan, Socially Responsible Agriculture Project, and U.S. Representative Rashida Tlaib, who has recently drawn attention to the need for improved public participation in environmental permitting. The FLOW Coalition requested a public hearing in or near Fremont, and coordination with the Office of the Environmental Justice Public Advocate, to initiate a comprehensive evaluation of measures needed to operate the digester safely.

The Fremont Regional Digester generates biogas from commercial food waste, factory farm waste, and other sources. The byproduct is a more concentrated liquid waste called digestate. The digestate is applied to fields, where it can create toxic runoff, leach to groundwater, and negatively affect water quality.

EGLE granted Generate Upcycle a waiver of the required hydrogeological report on its land application fields, based on Generate’s representations that the “purpose of the hydrogeological report can be met without the submittal of the full hydrogeologic report due to the infrequent use of each land application location.”1 On the contrary, the use of hundreds of different application sites, each with different risks, indicates the need for an exceptionally comprehensive hydrogeological report. The waiver decision is not supported by any analysis, and casts serious doubt on the effectiveness of the entire Draft Permit. Geologist recommendations developed as part of the permitting process show that spreading digestate on fields without the required setbacks – and in some cases, even with setbacks – creates “very high risk” of groundwater contamination.2

Generate Upcycle claims that feedstocks for the digester are only “food waste, food waste waters, food byproducts and food sludges from food manufacturers and consumer packaged food and beverages that have been depackaged”, but lagoon effluent testing shows metals, nutrients, sodium, chloride, and other contaminants in vastly higher concentrations than Michigan discharge standards allow.

Michigan law requires Generate Upcycle to analyze “feasible and prudent alternatives consistent with the reasonable requirements of the public health, safety, and welfare.” However, according to Generate Upcycle, “We do not discharge to the groundwater. A feasibility of alternatives to discharging to the groundwater is not applicable.” The Coalition questions how Generate can diligently avoid discharges it considers imaginary.

In December 2023, Generate Upcycle president Bill Caesar3 of Houston, a former McKinsey consultant, went public with his objections to EGLE’s permitting action, telling Michigan news outlets that the Facility would be forced to close.4 In Caesar’s words:

Not only are the proposed changes to our permit prohibitively expensive, because huge portions of the fields we currently use will be off limits, but these regulations are also operationally impossible for us to comply with…After months of discussion with legal we made the very difficult decision to cease operations at the end of December unless and until it can operate under a rational regulatory approach…I don’t think that we’re going to find a solution with the approach that EGLE has propositioned us with…

EGLE Director Phil Roos rebutted many of Caesar’s allegations, including that the agency was being “aggressive” with Generate Upcycle, in a November 30, 2023 letter.5 Caesar’s position that regulatory compliance is too costly for the Facility and its parent company, Generate Capital, is remarkable in light of the firm’s “sustainability” branding6 – and financing. In January 2024, Bloomberg reported on a $1.5 billion investment in Generate Capital by the California teachers’ retirement fund and other institutional investors in “clean” energy.

The problems with the Fremont Digester aren’t just a case of one bad apple. Industrial scale biodigesters create vast waste streams full of concentrated toxins – a threat to land, air, and water. The FLOW Coalition calls on EGLE to go back to the drawing board and figure out how to handle this technology in a way that protects us all.

NOTES:

1 EGLE Groundwater Basis for Decision memo, July 20, 2023, at 3.
2 See Geologist Recommendations Fact/Decision Sheet, Table 7, Comparison of Risk Evaluations Based on Isolation Distances.
3 https://www.linkedin.com/in/bill-caesar-020688/
4 Kyle Davidson, “West Michigan Digester to Close Doors Amid Permitting Conflict with State”, Michigan Advance, Dec. 6, 2023.
5 Roos letter to Caesar, Nov. 30, 2023.
6 https://generatecapital.com/

Michigan Legislature: Important environmental bills we’re tracking this fall

Published on August 2nd, 2024 by - Blog Posts

With the Michigan Legislature’s summer break almost over, and less than 100 days until the election, the focus of legislators on both sides of the aisle will shift to their hometown districts. The outcome of the November polls – where Democrats will strive to maintain their majority in the House and Senate, and Republicans will seek control of the House – will significantly shape the legislative landscape. In September, the legislature will hold several sessions to pass important bills and a possible supplemental budget – all of which will be influenced by the upcoming elections. Following the election is the so-called “lame-duck” session, which is an opportunity to pass legislation less unencumbered by electoral considerations.

As lawmakers gear up for the November lame-duck session, we at FLOW are keeping strategic focus on the following legislative efforts:

Polluter Pay Accountability

“Polluter Pay” is the common-sense idea that companies that contaminate our environment and water should be responsible for cleaning up their messes. Michigan had Polluter Pay laws on the books in the early 1990s, which were subsequently gutted by the business-coddling Republican Engler and Snyder administrations. Today, there are over 24,000 polluted sites in Michigan (11,000 of which are considered “orphan sites” without a responsible paying party), and 66,332 acres have land-use restrictions due to contamination.

A package of bills to bring back polluter accountability has been introduced in both the Senate and the House; however, none of the package bills have been scheduled for a hearing in either chamber. The House has referred House Bills (HBs) 5241-5247 to the Committee on Natural Resources, Environment, Tourism, and Outdoor Recreation, while the Senate has referred Senate Bills (SBs) 605-611 to the Committee on Energy and Environment. Due to the complexity of this package, concerns have been raised about the likelihood of passage in the fall.

There is widespread support among voters who no longer wish to foot the bill for the contamination created by corporations, but it has faced significant opposition from DOW, automotive, utility, and chemical industries, all of which will be impacted by these bills if they are to pass in the lame-duck session. Despite the questionable future of this package, we remain optimistically hopeful that we can clean up Michigan’s industrial legacy, and to promote lasting water stewardship and land management.

FLOW’s report, “Making Polluters Pay: How to Fix State Law and Policy to Protect Groundwater and Michigan Taxpayers,” offers a comprehensive overview of the background and evolution of “Polluter Pay” laws in Michigan.

Statewide Septic Code

House Bills (HBs) 4479 and 4480, along with Senate Bills (SBs) 299 and 300, have been introduced in both the Senate and House. HBs 4479 and 4480 have been referred to the Committee on Natural Resources, Environment, Tourism, and Outdoor Recreation. SBs 299 and 300 have been referred to the Committee on Energy and Environment. None of the bills have been scheduled for a hearing in either chamber. 

The purpose of this legislation is to initiate regular inspections and necessary maintenance for all 1.3 million septic systems in the state of Michigan. Additionally, the proposed legislation would establish an inspection registry, an accreditation process for inspectors, and a technical advisory group to provide guidance on septic system maintenance. Michigan – which lies at the heart of the Great Lakes – is the only state in the country without statewide septic standards.

FLOW has been working with a coalition of groups, including SEMCOG, the Michigan Municipal League, local government organizations, and the environmental community to propose solutions that reconcile conflicting opinions on the bill, create a path for its implementation, and address the urgent threat posed by failing septic systems to our lakes, rivers, and groundwater.  

Opposition to these bills comes mainly from local and regional Health Departments, which are concerned about insufficient resources and capacity to conduct inspections; and Realtors, who are worried about a time-of-sale inspection approach. To ensure the passage of these bills during the lame-duck session, it is crucial for every Democratic legislator to vote in favor, given the absence of support from Republican legislators.For more details, check out FLOW’s Policy Brief, “The Case for a Statewide Septic Code in Michigan.”

Stormwater Utilities

Senate Bill 660 was introduced in the fall of 2023 and subsequently referred to the Committee on Local Government. A hearing was held on June 4, 2024, but no vote was taken. This legislation would enable small and mid-sized communities in Michigan to legally establish stormwater utilities and secure a reliable funding source for this crucial infrastructure. The legislation, however, does not mandate any community to establish such stormwater utilities. 

A stormwater utility is a mechanism through which localities provide stormwater management infrastructure, funded by fees paid by property owners. Fees are based on the amount of impervious surfaces, such as parking lots and driveways, rather than property taxes. This allows all properties, including tax-exempt properties, to contribute to the fund.

By granting legal authority and allocating funding mechanisms to utilities, communities can effectively enhance their ability to construct more resilient stormwater management systems. FLOW and many other environmental advocates, such as the MI Water Environment Association, Great Lakes Water Authority, and the Michigan Municipal League, supported this legislation during the hearing. Although this bill is less controversial and local governments could choose whether and how to run a stormwater utility, it still has tough opposition from groups such as various Chamber of Commerce and Realtor Associations.  For more information, see FLOW’s policy brief, “Revolutionizing Stormwater Management through Stormwater Utilities and Green Infrastructure.”

Other items in the works: 

Trichloroethylene (TCE) – A forthcoming bill set to be introduced this fall aims to prohibit the manufacturing, usage, and distribution of trichloroethylene (TCE) in the state of Michigan. This legislation is designed after a federal initiative seeking to outlaw TCE, a hazardous chemical known to cause cancer and have serious non-cancer health effects.

Extended Producer Responsibility (EPR) and Plastics – Michigan currently has legislation on EPR for products including desktops, laptops, monitors, printers, tablets, and televisions. 

EPR is an environmental policy that holds producers responsible for a product’s entire lifecycle, from design to end of life. EPR policies encourage producers to consider environmental factors when designing products and packaging, and to make them more sustainable and recyclable. As of June 2024, five states in the U.S. have adopted EPR legislation, and other states are contemplating joining this movement to address plastics pollution and recycling. 

Lawmakers are now considering EPR legislation to assign financial responsibility to producers of product packaging. It is imperative for producers to actively engage and be part of the solution in addressing the plastic crisis. The primary objective will be to encourage manufacturers to adopt standardized packaging for improved recyclability, and to foster comprehensive improvements in the recycling industry. 

MI Public Water Trust Fund – FLOW developed this model legislation, the Michigan Public Water Trust Act (PDF), to bring the colliding crises of water extraction, failing infrastructure, and water affordability under a comprehensive legal framework, and to recalibrate Michigan’s priorities on protecting its water and its people. Michigan and the seven other Great Lakes states should pass this model legislation drafted by FLOW in order to:

  • Affirm public ownership over water,
  • Protect sensitive water resources,
  • Prohibit the sale of water, except for the sale of bottled water authorized by a royalty licensing system, and
  • Recoup for public purposes royalties derived from these bottled water sales.

This model law places royalties into a public water, health and justice trust fund to serve people and communities for specific dedicated public purposes, such as replacing lead service lines or creating water affordability plans for disadvantaged people or cities and rural communities.

Michigan leaders hit “pause” on tax breaks for water-guzzling big tech data centers

Published on July 12th, 2024 by - Blog Posts

The environmental community has achieved a major victory – although temporary – in convincing legislative leaders to press the “pause” button on a set of bills that would pose a significant threat to the Great Lakes.

Slated for a final vote in the House of Representatives on the last day of session before the summer recess on June 25, the bills sought to offer tax incentives to Big Tech companies such as Amazon, Microsoft, and Google to build new data centers in Michigan. But the bills did not adequately address the extraordinary energy and water needs of data centers and the threat to vital groundwater aquifer resources, and could potentially jeopardize Michigan’s ability to meet its new climate energy goals passed in November 2023.

Lawmakers and environmental organizations will work on the bills over the summer to see whether these concerns can be addressed.

“The Great Lakes are vital resources for all the communities that surround them,” said FLOW Executive Director Liz Kirkwood. “As we look to the future, citizens and policymakers must carefully consider the impact of high-volume energy and water consumption on this precious natural resource. We must ensure that the terms set for such consumption are clear and protective of the Great Lakes.”

One crucial consideration for Michigan is transitioning from traditional Rust Belt industries to more sustainable Blue Belt industries. Communities across the Great Lakes Basin recognize the economic potential of the Great Lakes, which comprise the third largest economy in the world. As we move forward, it’s important to champion and steward the Great Lakes, inviting industries that will prioritize the well-being of this invaluable natural resource.

Recognizing the obstacles encountered by Environmental Justice Communities (EJC), it is vital for legislators to actively engage these communities in the decision-making processes regarding the preservation and management of the Great Lakes. For example, we should leverage data center development in Michigan to help ensure safe and affordable water by requiring state-of-the-art water efficiency practices and utilizing existing capacity at municipal water systems. Further, priority must be given to community water systems devastated by reduced revenue caused by a shrinking base of ratepayers, while also ensuring that the data centers protect the health of residents in those communities. We should prioritize using existing municipal water infrastructure, rather than relying on extracting precious groundwater resources.

Environmental justice communities have a crucial role in influencing policy related to the Great Lakes. These communities have and must continue to voice their lived experience and knowledge to our lawmakers, and those lawmakers must respond constructively. By actively participating in the policymaking process, EJC can help ensure that the protection and preservation of the Great Lakes water system, as well as equity considerations, are included in any proposed legislation.

The Water We Drink, The Land We Live on: A Call to Action Against Confined Animal Feeding Operations

Published on June 11th, 2024 by - Blog Posts

Friends of FLOW,

As a descendant of early Montana homesteaders, I’ve been blessed to spend much of my life close to pristine trout streams and millions of acres of wilderness. I’ve pulled lambs, witnessed calves being born on open range, and found myself way too close to grizzlies and bison. Both the responsibility of an animal whose life is in our hands and the awe of a brush with a truly wild creature offer insight into our humble human place in the universe.

As an environmental lawyer, I’ve also witnessed the insidious creep of industrial agriculture, which disrupts these natural rhythms and threatens the very foundation of our rural communities by replacing careful husbandry with the profitability of volume. Nowhere is this threat more evident than in the rise of the confined animal feeding operation (CAFO), an industrial model of livestock production that undermines the quality of the food we eat every day, while dumping cities’ worth of untreated sewage onto our land and into our water.

“[CAFO] waste contains a noxious cocktail of pathogens, antibiotics, hormones, and excess nutrients, all of which can and do seep into our groundwater, contaminate our rivers and lakes, and pollute the air we breathe.”

— Carrie La Seur, FLOW Legal Director

CAFOs, as you likely know, are large-scale facilities where thousands of animals live foreshortened lives fueled by diets nature never intended. Their cramped, unsanitary conditions contribute to the current avian flu outbreak. CAFOs generate massive amounts of sewage, often stored in open cesspits or spread onto fields as fertilizer in quantities even the poorest soil could never absorb. This waste contains a noxious cocktail of pathogens, antibiotics, hormones, and excess nutrients, all of which can and do seep into our groundwater, contaminate our rivers and lakes, and pollute the air we breathe.

When I started working with For Love of Water in Michigan late in 2023, one request rose above all the other urgent water quality issues on this water-obsessed peninsula: please, people said, help us do something about CAFOs. Michigan has nearly 300 permitted CAFOs, a number that’s doubled in the last 20 years, as the total number of farms plummeted. They’re concentrated in rural areas where residents rely on private wells for drinking water. These communities, full of generational residents who value open spaces and the gifts of nature, are now at increased risk of water contamination, with potentially devastating consequences for public health. We’ve all witnessed outbreaks of waterborne illnesses, elevated levels of nitrates in drinking water (especially dangerous for infants), and even the emergence of antibiotic-resistant bacteria.

See EGLE, Regulated Concentrated Animal Feeding Operations (CAFOs) map and MSU Extension, Small Farm Manure Management Planning. <​​https://egle.maps.arcgis.com/apps/webappviewer/index.html?id=0fae269e1c45485f876c99391403bd3e>, <https://www.canr.msu.edu/animal-agriculture/uploads/files/Small%20Farm%20Manure%20Management%20Planning.pdf> (visited April 18, 2024).

But the damage doesn’t stop with threats to human health. CAFO waste can also degrade soil quality, contribute to harmful algal blooms, and drive the decline of fish and wildlife populations. The sheer scale of these operations places an immense strain on local infrastructure, from roads and bridges to downstream wastewater treatment plants. Residents on municipal water pay more to cover expensive filtration of CAFO pollution.

And let’s not forget the toll CAFOs take on rural communities – displacing small family farms and concentrating economic power in the hands of a few corporations. Industrial agriculture churns workers through low-paying, dangerous jobs often held by migrants who don’t dare report health and safety violations. Unlike the traditional family farm, these animal factories change the feel of a community. They breed a sinister atmosphere, where complaints are met with threats of violence and penalties for complaining written into state law: Michigan’s Right to Farm Act allows the ag department to bill its investigation costs to anyone who complains more than three times about a CAFO, if the department finds that the CAFO is complying with a set of loosely defined, industry-friendly standards called “Generally Accepted Agricultural Management Practices”, or GAAMPs. The point is clear: don’t complain.

So, what can we do? We won’t stand by and watch as our water is poisoned, our land is degraded, and our communities are hollowed out. We must raise our voices in defense of clean water, healthy food, and vibrant rural communities.

“CAFO waste can also degrade soil quality, contribute to harmful algal blooms, and drive the decline of fish and wildlife populations. The sheer scale of these operations places an immense strain on local infrastructure, from roads and bridges to downstream wastewater treatment plants.”

FLOW, with its deep commitment to protecting Michigan’s waters, is uniquely positioned to lead this charge. I urge all our members and allies to expand your advocacy efforts to include the fight against CAFOs in favor of an agriculture that honors people, land, water, and animals. This means working with legislators to strengthen regulations, supporting community-led initiatives to monitor water quality, and expanding public understanding about the dangers of an unethical, corporatized agriculture.

But we must go further. We must challenge the notion that CAFOs are the only way to produce food. We must support farmers — they’re all around us, please go meet them! — who are raising livestock in a way that respects the land, the animals, and the people who depend on them. We must build a food system that is not only sustainable but also just and equitable.

This is not just an environmental issue. It’s a moral issue. It’s a question of how we want to live, how we want to eat, and what kind of future we want to create for ourselves and our children. It’s a question of whether we will continue down a path of pollution and exploitation, or whether we will chart a new course toward a more sustainable and humane way of life.

I believe that we have the power to choose a different path. I believe that we can build a food system that nourishes both body and soul, a system that honors the land and the people who work it. I believe that we can create a future where clean water flows freely, where rural and urban communities thrive, and where all beings are treated with dignity and respect.

Let us work together to make this vision a reality.

In solidarity,

Carrie La Seur

Find a local farm market near you!

Farm markets can reduce environmental impacts on communities when food systems stay local. Finding a farm market near you can be a great place to start and can make a difference!

Find a market!

What Do the Election Results Mean for the Great Lakes State?

Published on June 4th, 2024 by - Blog Posts, News

While the word “water” was not on the November 8 statewide general election ballot in Michigan, it was present on the ballot in various local communities and in different, more subtle ways across the Great Lakes State.

In some of Michigan’s 276 cities and 1,240 townships, voters considered new regulations to safeguard water resources and taxes for sewer and drinking water system improvements. In northwest Michigan’s Leelanau Township, for instance, 60% of voters approved zoning amendments designed to protect water quality; and Leelanau County is poised by month’s end to implement a county-wide septic code ordinance after the county board’s bipartisan vote in August following years of rancorous debate and unsuccessful attempts at passage.

In Ann Arbor, a whopping 71% of voters favored a proposal to fund the City’s A2 Zero Action Plan, which aims for a transition to carbon neutrality by 2030 to curb climate change. The funds will come from an up to 1-mill ($1 for every $1,000 in taxable value) increase in city property taxes over the next 20 years, which will raise an estimated $6,800,000 in the first year levied. Authorized uses include year-round composting; expanded residential/multifamily recycling; community and rooftop solar programs; rental and low-income household energy programs; bicycle, pedestrian and transit infrastructure; neighborhood resource centers; electric vehicle infrastructure; and tree plantings.

In some of Michigan’s 276 cities and 1,240 townships, voters considered new regulations to safeguard water resources and taxes for sewer and drinking water system improvements.  A whopping 71% of Ann Arbor voters favored a proposal to fund the City’s A2 Zero Action Plan, which aims for a transition to carbon neutrality by 2030 to curb climate change.

At the county level, decisions made by voters on whom to elect as commissioners in each of Michigan’s 83 counties could affect whether these jurisdictions in the near term take on one of the problems most threatening the state’s waters, an estimated 130,000 failing septic systems. Michigan remains the only state without a statewide law to set minimum standards for inspecting, maintaining, and replacing broken septic systems to protect surface water and groundwater and safeguard public health, so regulation is limited for now to a patchwork of local ordinances.

Historic Shift in Michigan’s Government

For the first time since the 1980s, Democrats have won the governor’s office, with the re-election of Gretchen Whitmer, and majorities in both chambers of the Michigan Legislature, albeit by just two seats in each chamber, which Republicans had controlled during Whitmer’s first term. The historic shift, along with the re-election of Dana Nessel as attorney general, promises to have enormous influence on the quality of water and other natural resources of the state.

enbridges-line-5-under-the-straits-of-mackinac-4f9997139d321d60

A diver points to a segment of the dual Line 5 oil pipelines operating under in the Straits of Mackinac since 1953.

As an example, Whitmer and Nessel have been partnering on a legal strategy to shut down Line 5, Enbridge’s risky, antiquated twin petroleum pipelines operating in the Straits of Mackinac, while their Republican opponents had pointedly promised to drop the litigation if elected. And Gov. Whitmer will have the opportunity to speed up progress on her climate action plan, restore polluter-pay cleanup laws weakened under former Republican Gov. John Engler, and protect and restore the Great Lakes. Widespread PFAS contamination, E. coli pollution, and harmful algal blooms also remain key priorities.

In the 2023-2024 session of the legislature, lawmakers will likely decide whether to enact a statewide law to control failing septic systems and whether to spend a part of several billion dollars in federal aid to maximize Michigan’s historic investments in clean drinking water, wastewater, stormwater, and other water infrastructure projects – including aging dams on Michigan rivers.

FLOW: It’s Time to Seize the Opportunity to Protect Fresh Water for All

As the Great Lakes State, Michigan must lead on every imaginable freshwater policy to protect this fragile, water-rich ecosystem and to secure safe, affordable drinking water for all.

FLOW Executive Director Liz Kirkwood

“For the first time in almost 40 years, the Whitmer administration and the legislature have an opportunity to profoundly shape water policy in the Great Lake State,” said FLOW Executive Director Liz Kirkwood, reflecting on the recent election results. “A lasting watermark would include securing clean, safe, and affordable water for all and protecting groundwater for the health of our lakes and communities.”

“For the first time in almost 40 years, the Whitmer administration and the legislature have an opportunity to profoundly shape water policy in the Great Lake State,” said FLOW Executive Director Liz Kirkwood, reflecting on the recent election results. “A lasting watermark would include securing clean, safe, and affordable water for all and protecting groundwater for the health of our lakes and communities.

Public Water, Public Justice

Governor Whitmer should play a leading role to close the bottled-water loophole in the Great Lakes Compact that presently allows diversions of water in containers less than 5.7 gallons. To do so, Kirkwood called on the governor and legislature to adopt FLOW’s “Public Water, Public Justice” model legislation that would generally prevent diversions by requiring small container diversions to be aligned with Public Trust principles, licensed by the state, and subject to royalties that would generate state revenue for Michigan’s vast water infrastructure needs.

“Michigan must seize this window of opportunity to think about systemic changes needed and make the greatest gains we can to protect fresh water, the environment, Pure Michigan economy, and our way of life in the face of impacts from unrelenting climate change and a water-scarce world,” said Kirkwood. “Big, bold ideas for a vibrant future vision are necessary to generate public engagement and support. So if there ever was a moment, this would be it.”

“Michigan must seize this window of opportunity to think about systemic changes needed and make the greatest gains we can to protect fresh water, the environment, Pure Michigan economy, and our way of life in the face of impacts from unrelenting climate change and a water-scarce world,” said Kirkwood. “Big, bold ideas for a vibrant future vision are necessary to generate public engagement and support. So if there ever was a moment, this would be it.”

On the Federal Front

Finally, all 13 of Michigan’s seats in the U.S. House of Representatives were contested in the November 8 election, with all incumbents who ran winning re-election, and Republicans gaining a slim majority in the chamber. Democrats retained narrow control of the U.S. Senate, and all Midwest governors on the ballot were re-elected.

The U.S. House will consider legislation in 2023 to address PFAS, the so-called “forever chemicals,” which have contaminated over 200 sites in Michigan, and renewal of federal funding for the Great Lakes Restoration Initiative.

Everywhere you look, water issues colored Michigan election choices and outcome. Now comes the real work that we all must do together: Hold our elected officials accountable to ensure the waters of the Great Lakes Basin are healthy, public, and protected for all.

SepticSmart Week: Progress on Protecting Public Health and Fresh Water

Published on June 4th, 2024 by - Blog Posts

Graphic courtesy of the U.S. Environmental Protection Agency.

Editor’s note: During SepticSmart Week, which runs through Friday, FLOW is sharing updates on efforts to protect fresh water and public health from uncontrolled septic system waste, as part of an annual educational campaign that the U.S. Environmental Protection Agency launched a decade ago, with the State of Michigan, other states, communities, and organizations, including FLOW, as partners and participants. 

Stay tuned during SepticSmart Week to www.ForLoveOfWater.org and FLOW’s Facebook, Instagram, and Twitter for the latest articles, videos, and fact sheets. In case you missed it, here is additional coverage this week from FLOW for:

U.S. EPA–Top 10 Ways to be a Good Septic System Owner (Click on image for larger version).

Michigan’s lack of a statewide sanitary code ranks the state dead last in preventing pollution from failing septic systems. With an estimated 130,000 failing or malfunctioning septic systems in the state, the status quo is a threat to public health and Pure Michigan. That’s why FLOW has been taking action with you and key stakeholders during the last few years to educate and empower the public and key stakeholders and pursue solutions.

This week presents another key opportunity to make a difference. Join FLOW starting today through Friday for SepticSmart Week, an annual educational campaign that the U.S. Environmental Protection Agency launched a decade ago, with the State of Michigan, other states, communities, and organizations, including FLOW, as partners and participants.

Stay tuned during SepticSmart Week to www.ForLoveOfWater.org and FLOW’s Facebook, Instagram, and Twitter for daily updates.

State of Michigan’s 2022  Proclamation on SepticSmart Week 2022 (Click on image for larger version).

Each day this week, FLOW will release SepticSmart Week content, including original articles and videos providing facts, tips, and inspiration to help you be part of the solution to this shared challenge of not only septic system pollution, but also the broader challenge of surface and groundwater contamination in Michigan. (If you are unsure about what a septic system is or how it works, start here).

Slow, But Perceptible Progress on a Septic Code

FLOW’s action on septic system pollution began with our 2018 groundwater report, The Sixth Great Lake, which emphasized that in addition to releasing an estimated 9.4 billion gallons of poorly or untreated sewage into the soil and environment each year, failing septic systems release household chemicals that residents pour down their drains. Our report called for a uniform statewide sanitary code in Michigan.

In November 2019, FLOW and our partners and allies hosted a Michigan Septic Summit, attended by over 150 public health experts, scientists, local government representatives, nonprofit organizations, and interested citizens. We noted that the Summit “underscored a growing resolve in the state to do something meaningful about septic system pollution. Historically, when Michigan’s various interests have come together in good faith to solve an environmental problem, they have succeeded.”

The Michigan Septic Summit “underscored a growing resolve in the state to do something meaningful about septic system pollution. Historically, when Michigan’s various interests have come together in good faith to solve an environmental problem, they have succeeded.”

Since then we have continued to educate and empower the public and key stakeholders with the information and impetus to take action on septic system policy in order to protect public health, local communities, lakes, and ecosystems—especially groundwater, the source of drinking water for 45% of Michigan’s population.

The Michigan Groundwater Table Builds Consensus on Need for Protection

FLOW in January 2021 created and for a year convened the Michigan Groundwater Table, composed of 22 knowledgeable and influential stakeholders from local government, academia, and regulatory agencies.

The Groundwater Table’s work culminated with FLOW hosting a livestream event—Groundwater: Making the Invisible Visible on World Water Day & Every Day—last March and then in June with our release of a report, Building Consensus: Securing Protection of Michigan’s Groundwater, and accompanying story map. The report contains consensus findings about the status of Michigan’s groundwater and also recommendations on how to improve its protection. The Groundwater Table agreed it should be a priority to develop a statewide initiative to enable inspection and repair of septic systems, including funding to empower local health agencies to conduct periodic inspections and facilitate compliance and to assist homeowners in replacing failing systems.

FLOW continues to educate and empower the public on the need for a statewide septic system policy in order to protect public health, local communities, lakes, and ecosystems—especially groundwater, the source of drinking water for 45% of Michigan’s population.

Progress on statewide septic policy in Michigan has been slow, but it is perceptible and continues. Acting on a recommendation from Gov. Gretchen Whitmer, and with the backing of FLOW and many other environmental groups, the Michigan Legislature this year approved $35 million in low-interest loans to help homeowners pay for replacing failing septic systems. It’s a down payment on a problem that will require much more investment to fix.

Contact State Representative Jeff Yaroch, a Republican from Macomb County, to express your support Michigan House Bill 6101, which would create a statewide septic code.

Additional progress is the tentative scheduling in Lansing of a September 28, 2022, meeting of the Michigan House Natural Resources and Outdoor Recreation Committee to consider a proposed statewide sanitary code. Although House leadership to date has not signaled an intent to pass the legislation–Michigan House Bill 6101–this year, its introduction and potential consideration is a recognition that the problem is not going away—and that state level action is vital. Contact the bill’s sponsor, State Representative Jeff Yaroch, a Republican from Macomb County, to express your support for a statewide septic code.

FLOW continues to work with the public and partners—community leaders, scientists, public health experts, academics, environmental advocates, realtors, and state and local lawmakers—to seek solutions to unregulated, polluting septic systems. Public education is vital to solving the longstanding problem. 

Stay tuned during SepticSmart Week to www.ForLoveOfWater.org and FLOW’s Facebook, Instagram, and Twitter for daily updates. To get you started, here is today’s tip from the U.S. Environmental Protection Agency reminding all of us to “Think at the Sink!”

 

SepticSmart: Leelanau County Board Wisely Votes to Protect Fresh Water and Public Health from Septic Pollution

Published on June 4th, 2024 by - Blog Posts

Image courtesy of Leelanau.gov.

Editor’s note: This opinion article by FLOW Legal Advisor Skip Pruss was originally published in the Traverse City Record-Eagle on Sept. 4, 2022. During SepticSmart Week, which runs through Friday, FLOW is sharing updates on efforts to protect fresh water and public health from uncontrolled septic system waste, as part of an annual educational campaign that the U.S. Environmental Protection Agency launched a decade ago, with the State of Michigan, other states, communities, and organizations, including FLOW, as partners and participants. Stay tuned during SepticSmart Week to www.ForLoveOfWater.org and FLOW’s Facebook, Instagram, and Twitter for the latest articles, videos, and fact sheets. In case you missed it, here is additional coverage this week from FLOW: SepticSmart Week: Progress on Protecting Public Health and Fresh Water and Get SepticSmart to Stop Pollution, Save Money.

By Skip Pruss, FLOW Legal Advisor

In August, the Leelanau County Board of Commissioners voted to task the Benzie-Leelanau District Health Department with drafting an ordinance requiring the inspection of septic systems upon the transfer or sale of a home. The bipartisan vote endorsing this ordinance came after years of rancorous debate and unsuccessful attempts at passage.

Skip Pruss, FLOW Legal Advisor

The vote was a hopeful sign of progress, demonstrating an understanding that malfunctioning septic systems can affect surface water and groundwater locally and statewide, potentially burdening communities with avoidable harmful economic, health and environmental outcomes.

Scientific studies have found human fecal contamination affecting 100% of our river systems in the Lower Peninsula and that substandard, failing, or nonexistent septic systems are the primary driver of human fecal bacteria found in our rivers and streams. A study this year found that as many as 27 percent of all septic systems in Michigan households may be failing.

Scientific studies have found human fecal contamination affecting 100% of our river systems in the Lower Peninsula and that as many as 27 percent of all septic systems in Michigan households may be failing.

The Great Lakes surrounding Michigan hold 95 percent of all fresh surface water in the United States and 84 percent of all fresh surface water in North America. Leelanau County, a peninsula within a peninsula, has the most freshwater shoreline of any county in the Lower Peninsula.

Remarkably, Michigan, seated at the very heart of the Great Lakes, is the only state without a state law setting minimum standards for the construction, maintenance and inspection of septic systems. Counties and local governments have had to step up, enacting local ordinances in recognition that a septic system inspection requirement would help identify failing systems, protect groundwater, reduce contaminated wastewater migration to our beautiful lakes and protect property values.

Remarkably, Michigan, seated at the very heart of the Great Lakes, is the only state without a state law setting minimum standards for the construction, maintenance and inspection of septic systems. Counties and local governments have had to step up, enacting local ordinances.

The good news is that, despite daily indications of bitter polarization in our politics, our community’s concern for safeguarding our Great Lakes is a deeply shared value, an important area of common ground that bridges the political divide — as affirmed by the vote of the Leelanau County Board of Commissioners. The State of Michigan and U.S. Environmental Protection Agency also have proclaimed Sept. 19-23 to be SepticSmart Week and are providing outreach materials encouraging homeowners and communities to inspect and maintain their septic systems.

For Love of Water (FLOW), the Traverse City-based law and policy center, has focused on the protection of groundwater and its relationship to Great Lakes water quality. FLOW’s recent work includes creating and moderating the Michigan Groundwater Table, an 18-month collaboration among local government organizations, state agencies, environmental and justice organizations and Michigan’s universities to identify key groundwater-protection strategies and make recommendations for their implementation (See related storymap here).

FLOW continues to focus on the protection of groundwater and its relationship to Great Lakes water quality.

Among the findings of the Groundwater Table is that septic system performance writ large is, in fact, an infrastructure issue.

With the influx of state and federal funding targeted at water infrastructure support, this may be a particularly opportune time to revisit statewide solutions, including provisions for low-income assistance to address substandard systems.

Meanwhile, hats off to the Leelanau County Board of Commissioners for recognizing that protection of this extraordinary, globally unique natural endowment that is our Great Lakes is an environmental, economic and public health imperative.

About the author: Skip Pruss is a legal adviser with FLOW and formerly directed the Michigan Department of Energy, Labor, and Economic Growth. You can reach him at pruss@5lakesenergy.com.

Stay tuned during SepticSmart Week to www.ForLoveOfWater.org and FLOW’s Facebook, Instagram, and Twitter for daily updates. To get you started, here is today’s tip from the U.S. Environmental Protection Agency reminding all of us: Don’t Strain Your Drain! 

Groundwater, though Invisible, Is Critical for Our Survival

Published on June 4th, 2024 by - Blog Posts, News

Groundwater painting by Glenn Wolff.

What’s the natural resource that is critical to the survival of billions of human beings but invisible to the vast majority of them?

The answer is groundwater, both in Michigan and globally. Out of sight, but not detached from our economy and health, groundwater plays a critical role in Michigan communities, supplying 45 percent of Michigan’s population with drinking water. Yet groundwater is a neglected and much-abused part of our state’s natural endowment.

This year, groundwater will be in the spotlight on the annual World Water Day, March 22. Since 1993, World Water Day has underscored the importance of safe, clean, and affordable water, and the threat to human health and survival among the two billion people on Earth who lack access to it.

In the buildup to March 22, groups around the world will hold events and launch projects on the groundwater theme. On World Water Day itself, the United Nations World Water Development Report will be released, recommending policy direction to decision makers. A United Nations Groundwater Summit will take place in December 2022.

The UN catalogues the following global groundwater challenges:

Agriculture: About 40 percent of all the water used for irrigation comes from aquifers. Especially in water-scarce countries, the provision of cheap energy for pumping groundwater for irrigated agriculture can lead to groundwater depletion and declining water quality, with potentially severe consequences for those who now depend on groundwater irrigation. Furthermore, the use of fertilizers and pesticides in agriculture is a serious threat to groundwater quality.

Borders: Most of the world’s large aquifers cross international borders. Some 468 transboundary aquifers have been identified worldwide; hence, most countries share groundwater resources. Globally, of the eight largest aquifers under stress, six are transboundary.

Finite: There are limitations to groundwater use, such as groundwater quality and high costs of abstraction (from deep aquifers). Furthermore, groundwater is not always available in sufficient quantities in the places where there is the highest human demand for water. For instance, the Asia-Pacific region has the lowest per capita water availability in the world, with groundwater use in the region predicted to increase 30 per cent by 2050.

Natural and Human Pollution: The potential threats to the quality of groundwater are natural contamination and contaminant sources from land use and other human activities. Two of the most widely spread natural contaminants are arsenic and fluoride. Naturally occurring arsenic pollution in groundwater affects millions of people on all continents. Therefore, groundwater quality needs to be assessed and monitored regularly. Human-caused contamination includes the effects of agricultural intensification, urbanization, population growth and climate change.

World Water Day’s groundwater focus is timely observance for Michigan, which faces a groundwater crisis. Consider:

  • There are an estimated 26,000 contamination sites needing state funding for cleanup, and at the current rate of remediation, they won’t all be addressed for decades.
  • Although 1.25 million private water wells supply drinking water to more than two million Michiganders, there is no regular safety testing of that water.
  • High-risk toxic chemicals, including TCE, which has contaminated groundwater in more than 300 known Michigan locations, are still in widespread use.
  • Michigan is the last holdout among the 50 states in protecting groundwater and surface water from failing septic systems, of which an estimated 130,000 exist in Michigan and whose pollution has been linked with disease.
  • Michigan laws protecting groundwater are fragmented.


FLOW’s commitment to educating Michiganders on the importance of protecting groundwater and encouraging them to act reaches back several years. In 2018, we published our first groundwater report, The Sixth Great Lake: the Emergency Threatening Michigan’s Overlooked Groundwater Resource. In 2021, we published a second, Deep Threats to Our Sixth Great Lake: Spotlighting and Solving Michigan’s Groundwater Emergency. We also built a groundwater story map and posted fact sheets about the value of groundwater. And we hosted a groundwater webinar.

In addition to pursuing policy reforms strengthening groundwater protection, FLOW is currently involved in two major groundwater projects. We have formed and convened the Michigan Groundwater Table that includes experts and advocates from a cross-section of interests. Members of the table are reviewing groundwater issues and attempting to identify common findings and recommendations.

FLOW also is a partner with Michigan State University’s Institute of Water Research in a project commissioned by the Michigan Department of Environment, Great Lakes, and Energy to assess the economic impact of state policies that leave contaminated groundwater in place rather than cleaning it up. At such locations, responsible parties restrict access to drinking water and exposure to contaminated soils, meaning contamination remains and, because it is out of sight, such pollution may spread.

There is much more to do to protect Michigan’s groundwater, and World Water Day is a good opportunity to learn about that.

Great Lakes groups band together to challenge Nestlé and water crises in Flint and beyond

Published on June 4th, 2024 by - Blog Posts

“My grandson that’s not here tonight, that’s twelve years old, he was to be an academic ambassador to go to Washington in the year 2014 and 2015. Well he was an A-B student but by the time the lead began to corrode his brain, he was no longer an A-B student. He was a D-E-F student,” said Bishop Bernadel Jefferson of her grandson, one of the thousands of children affected by the lead poisoning of Flint’s drinking water. Bishop Jefferson, who is with the Flint group CAUTION, was one of the speakers on the Friday night panel of the Water is Life: Strengthening our Great Lakes Commons this past weekend.

Bishop Jefferson has been a pastor for 27 years and an activist for 25 years. She is married with ten children and ten grandchildren. She was one of the first signers of the emergency manager lawsuitagainst Michigan Governor Rick Snyder in 2013. Her passionate talk brought tears to many eyes of the 200 people gathered at Woodside Church for the summit. At the same time her talk energized the audience. Her message of doing this work for all children and the importance of coming together reverberated among the crowd. Bishop Jefferson said of the gathering, “Tonight we make history. We did something they didn’t want us to do and that was to come together.”

Water justice for Great Lakes communities

Maude Barlow gave an important keynote speech on Friday night on water justice struggles around the world and her work with other water warriors to have the UN recognize the human rights to water and sanitation. Jim Olson from FLOW gave an impassioned talk about Nestle in Michigan and the importance of the public trust. Indigenous lawyer Holly Bird talked about her work with the legal team for Standing Rock, water law from an Indigenous perspective, that governments need to honor the relationships that Indigenous people have with the water and how that can be done without someone controlling or owning water.


(Photo above by Story of Stuff: Maude Barlow from the Council of Canadians)

Lila Cabbil from the Detroit People’s Water Board, who many affectionately call Mama Lila, talked about how the water fights are racialized in Michigan. “The fight we have in Michigan is very much racialized. We need to understand that truth and we need to speak that truth. Because what is happening even as we speak in terms of how Flint and Detroit is being treated would not happen if it was a white community.” She pointed out how the crises are being condoned by the silence of white people. She took a moment to remember late activist Charity Hicks who was a leader in the fight against the shutoffs and who encouraged people to “wage love”.

(Photo right: Lila Cabbil from the Detroit People’s Water Board)

In Canada, the lack of clean water is also often racialized. There are routinely more than 100 drinking water advisories in First Nations, some of which have been in place for nearly two decades. At the start of her talk on Saturday, Sylvia Plain from Aamjiwnaang First Nation taught the audience how to say “aanii” which is “hello” in Anishinaabe. The Great Lakes region is predominantly Anishinaabe (Ojibwe, Odawa and Potawatami). She talked about how Aamjiwnaang First Nation has had methylmercury in the sediments in their river for a couple of decades. Plain also talked about how the Anishinaabe have cared for the waters and land for thousands of years.

Wearing a Flint Lives Matter t-shirt, Saturday’s keynote speaker (starts at 23:00) Claire McClinton from Flint Democracy Defense League, further described the water crisis in Flint. She pointed out, “In Flint Michigan, you can buy a gallon of lead free gas, or a gallon of lead free paint, but you can’t get a gallon of lead free water from your own tap.”


(Photo above by Story of Stuff: Claire McClinton of Flint Democracy Defense League)

Marian Kramer of Highland Park Human Rights Coalition and Michigan Welfare Rights Organization, told Saturday’s audience about her work to fight the shutoffs in Highland Park, a city within Metro Detroit where at one point half of the homes had their water shut off.

Nestle’s bottled water takings

Rob Case from Wellington Water Watchers of Ontario and Peggy Case of Michigan Citizens for Water Conservation both talked about their grassroots organizations and the local resistance to Nestle’s bottling operations. Peggy Case pointed to the larger issue of the privatization and the commodification of water. “The dots have to be connected. We can’t just look at bottled water. The right to water is being challenged everywhere. The privatization of water is a key piece of what’s going on in Flint,” she explained. The state of Michigan is suing the city of FLint for refusing to sign a 30-year agreement that requires the city to pay for a private pipeline to Detroit that will not be used by residents. 

In Evart, Michigan, two hours northwest from Flint, Nestlé pumps more than 130 million gallons (492 million litres) of water a year from the town to bottle and sell to consumers across the state and country. Last year, the corporation applied to increase its pumping by 60 percent. Nestlé’s current pumping and proposed expansion threatens surrounding wetlands and wildlife in the region, which at the same time violates an 181-year-old treaty that requires Michigan state to protect the habitat for the Grand Traverse Band and Saginaw Chippewa tribal use.

Nestlé continues pumping up to 4.7 million litres (1.2 million gallons) a day in southern Ontario despite the fact that both of its permits have expired – one permit expired in August and the other expired more than a year ago. The Ontario government is required to consult with communities on Nestlé’s bottled water applications but still has not done so. The Ontario government recently made some changes to the bottled water permitting system including a two-year moratorium on bottled water takings and increased bottled water taking fees (from $3.71 to 503.71 per million litres) but local groups and residents want more. They are calling for a phase out of bottled water takings to protect drinking water. The Council of Canadians is calling Nestle’s and other bottled water takings to be an election issue in next year’s Ontario election.

Summit speakers and participants were outraged that governments allow Nestlé and other water companies to take, control and sell water for a profit while failing to secure clean water for residents in Flint, Detroit, and many Indigenous nations.

Days before the summit, the Guardian reported that Nestle only pays an administrative fee of $200 in Michigan while Detroit resident Nicole Hill, a mother of three, has her water shut off every few months and has to pay “more than $200 a month” for water.

During the summit, participants took a pledge to boycott Nestle and single-use bottles of water. Immediately after the summit, Michigan Citizens for Water Conservation announced the organization was joining the boycott. To join the boycott, click here.

NAFTA and the commodification of water

Trade agreements like NAFTA perpetuate and entrench the commodification and privatization of water. Water is defined as a “tradeable good,” “service” and “investment” in NAFTA. Water must be removed as a tradeable good, service or investment in any renegotiated NAFTA deal.

As a tradeable good, NAFTA dramatically limits a government’s ability to stop provinces and states from selling water and renders government powerless to turn off the tap. Removing water as a “service” would help protect water as an essential public service. When services are provided by private corporations, NAFTA provisions limit the involvement of the public sector. Removing water as an “investment” and excluding NAFTA’s Investor State Dispute Settlement (ISDS) provisions would make it much harder for foreign corporations to use trade treaties to sue governments for laws or policies that protect water. Canada has already been sued for millions of dollars for laws protecting water.

A vow to end to Nestlé water takings

Over the weekend, participants of the summit listened to these moving and inspiring presentations and participated in workshops on Blue Communities, challenging the corporate control of water, the colonial enclosure of water and more. The gathering included local and Great Lakes residents as well as water justice, Great Lakes and grassroots organizations including our Guelph and Centre-Wellington Chapters of the Council of Canadians.

One thing was clear at the end of the summit: participants were ready to take action to end to Nestlé’s bottled water takings in Great Lakes, work to have the human right to water implemented and bring water justice to all who live around the lakes.
 
To watch the videos from the summit, visit FLOW’s Facebook page.
Emma Lui's picture
Emma Lui is a FLOW board member and Water Campaigner for the Council of Canadians. To learn more about her and her work, please visit the Council of Canadians website.
 
 

Policy Brief: The Case for a Statewide Septic Code in Michigan

Published on April 25th, 2024 by - Blog Posts, Reports & Media Releases

Policy Brief: The Case for a Statewide Septic Code in Michigan (Download PDF)

Michigan is located at the heart of the most extensive fresh surface water system in North America, which comprises about 90% of all fresh surface water in the region. However, it is the only state in the US that does not have a statewide septic code.

According to the Michigan Department of Environment, Great Lakes, and Energy (EGLE), Michigan has more than 1.3 million septic systems, which represent a danger to public health and the environment when they fail.

A septic code would set minimum standards for septic tank construction, maintenance, and inspection. State and local governments have been working towards implementing policy solutions for the past two decades, but they have yet to succeed. Out of Michigan’s 83 counties, only 11 have inspection requirements. House Bills 4479 and 4480 have been introduced to address the dire situation.

Download our policy brief to learn more about this important issue, and how the state of Michigan can move forward to protect groundwater.