Tag: septic system

The Great Lakes State Must Protect Fresh Water and Human Health from Untreated Sewage

Editor’s note: Register today! FLOW will host a webinar on Tuesday, March 21, offering legal, scientific, economic, and political perspectives on the urgent need and critical opportunity for Michigan to finally join the rest of the nation in adopting a law to protect public health and fresh water from septic pollution. The online event is free and open to the public. Learn more and register today! Follow FLOW’s Facebook, Instagram, and Twitter to stay current. Also see FLOW’s legislative agenda in Michigan, which highlights the need for a septic code. 


By Skip Pruss, FLOW Legal Advisor

How is it that Michigan, the Great Lakes State, surrounded by the largest, most valuable fresh surface water system in the world, is the only state in the nation without standards to address defective and failing septic systems?

Skip Pruss, FLOW Legal Advisor

Yes, it’s true. The other 49 states recognize that failing and substandard septic systems represent a clear and present danger to public health and the environment. The other 49 states have laws that set minimum standards for the construction, maintenance, and inspection of septic systems for treating human sewage—but remarkably, Michigan has not.

And we know that Michigan’s  neglect has led to widespread surface water and groundwater contamination.

Scientific studies have shown that human fecal contamination can be found in 100% of our river systems in the Lower Peninsula and that substandard, failing, or nonexistent septic systems are the primary cause. Statewide, up to 26 percent of Michigan’s 1.3 million septic systems at homes and businesses may be failing, with many of those floundering systems located on our Great Lakes shorelines and on our inland lakes and streams. 

Failing septic systems deliver disease-causing pathogens to surface water and groundwater. They can elevate nitrate levels in drinking water, putting infants and pregnant women at risk, and cause harmful algae blooms. Poorly maintained septic systems can result in the need for expensive repairs or replacement, impairing property values. 

It Is Time for Legislative Action

Michigan’s new legislature has the opportunity to accomplish what prior legislatures have been unable or unwilling to do—set legal standards for the reasonable oversight of onsite wastewater treatment systems, as every other state has done. Enacting legislation will help identify failing systems, protect groundwater and drinking water wells, support property values, and reduce contaminated wastewater migrating to our lakes, rivers, and streams.  

The Great Lakes surrounding Michigan hold 95 percent of all available fresh surface water in the United States and 84 percent of all fresh surface water in North America. We are blessed with over 3,200 miles of Great Lakes coastline—the largest freshwater coastline in the world.

Safeguarding our Great Lakes is a deeply shared value. Polling by the International Joint Commission has found overwhelming support (88 percent) for protecting water quality across broad demographic groups and respondents of all ages.

Despite daily indications of bitter polarization in our politics, properly addressing failing septic systems is a rare area of political consensus. Protecting Michigan’s extraordinary water resources is an important area of common ground, bringing citizens together in common purpose and bridging political divides. 

Now is the time.


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.

Register Today for March 21 Webinar: The Case for a Statewide Septic Code in Michigan

Editor’s note: Members of the media are encouraged to register for the webinar. For more information, contact FLOW Executive Director Liz Kirkwood at Liz@FLOWforWater.org or (231) 944-1568.


Register today! FLOW (For Love of Water) will host a webinar—The Case for a Statewide Septic Code: Michigan Must Inspect Septic Systems to Protect Fresh Water—on Tuesday, March 21, from 12 p.m. to 1:00 p.m. EDT

The online session will offer legal, scientific, economic, and political perspectives on the urgent need and critical opportunity for Michigan to finally join the rest of the nation in adopting a law to protect public health and fresh water from septic pollution. The online event is free and open to the public. Register today!

Billions of gallons of poorly or untreated sewage flow each year into an estimated 330,000 failed septic systems. An unknown amount of that raw sewage ends up in lakes, streams, and groundwater, the source of drinking water for 45% of Michigan’s population. 

FLOW Executive Director Liz Kirkwood will host the webinar, and Legal Advisor Skip Pruss will moderate the panel discussion with:

  • Brad Ward, Legal and Policy Director of the Michigan Realtors

Click here to register for the webinar or go to https://bit.ly/3ZBqwSy.


Background

Click here to learn more about FLOW’s efforts to build awareness of the need for a statewide septic code in Michigan to protect public health and fresh water.

Got Groundwater?

Photo: Groundwater helps recharge the Great Lakes, and is the source of drinking water for 45% of Michigan residents. Credit: José Manuel Suárez, CC BY 2.0, via Wikimedia Commons.


Editor’s note: Register today for FLOW’s March 21 groundwater webinar, “The Case for a Statewide Septic Code: Michigan Must Inspect Septic Systems to Protect Fresh Water.”


It’s not easy to be aware of something you can’t see. But that’s precisely the challenge from March 5 to 11, National Groundwater Awareness Week.

FLOW is working to inform Michiganders about the critical importance of protecting the state’s groundwater resources. FLOW’s articles, reports, webinars, story map, and podcasts emphasize that while groundwater is out of sight, Michigan’s residents, communities, businesses, organizations, and government cannot afford to let it slip out of mind.

The first step to take toward greater groundwater awareness is to understand it. Groundwater is not an underground lake. It is present beneath Earth’s surface in rock and soil pore spaces and in the fractures of rock formations. A unit of rock or an unconsolidated deposit is called an aquifer when it can yield a usable quantity of water. Groundwater is recharged by rain and snow melt that percolates downward from the soil surface.

Approximately 25% of the volume of the Great Lakes originates from groundwater.

Michigan depends on groundwater as a source of drinking water for more than 4 million people. Here are key points we continue to bring forward as part of our groundwater program:

  • Michigan depends on groundwater as a source of drinking water for more than 4 million people, relying on more than 1 million private wells.
  • There are an estimated 24,000 contamination sites in Michigan, most involving groundwater pollution. One site alone has contaminated 13 trillion gallons of groundwater. 
  • Approximately 25% of the volume of the Great Lakes originates from groundwater.
  • Groundwater is important to agriculture for irrigation and for industrial processes.FLOW has worked to inform Michiganders about the critical importance of protecting the state’s groundwater resources. Our articles, reports, webinars, story map, and podcasts have stressed that while groundwater is out of sight, we cannot afford to let it slip out of mind.
  • Michigan is the only state that does not have a law protecting groundwater (and surface water) from failing septic systems.
  • Michigan lacks key data on the volume, location and movement of groundwater.
  • Groundwater is in short supply in some areas of the state.

    Groundwater is the main source of drinking water for one-third of people living in the United States and 45% of Michigan’s population, which relies more than 1 million private wells.

Michigan depends on groundwater as a source of drinking water for more than 4 million people, relying on more than 1 million private wells.

FLOW’s groundwater policy recommendations include increased funding of groundwater data collection and analysis, a law regulating septic systems, bans on chemicals that frequently contaminate groundwater, monies to enable well owners to get tests on the quality of their water, and funding for cleanup of groundwater contamination.

A state that prides itself as a water wonderland can do better. And it must, for the health of Michigan residents and our future prosperity. Only awareness can make that happen.

SepticSmart: Can Michigan Move from Last to First?

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. (If you are unsure about what a septic system is or how it works, start here).

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 a long time, Michigan was regarded as an environmental leader among the states.  We were the first state to ban the pesticide DDT, the first in the Great Lakes region to limit phosphorus pollution to protect sensitive waters like Lake Erie, and the first to create a trust fund from oil and gas revenues to buy public recreational and scenic land.

But there’s a big gap in Michigan’s body of environmental law.

We are the only state without a sanitary code that applies to septic systems—despite knowing that pollution from failing septic systems is detected in scores of rivers and lakes across Michigan.

Click here to learn how a conventional septic system works. (Click image to see larger version).

The link is clear, said microbiologist Dr. Joan Rose of Michigan State University. She led a study that sampled 64 river systems that drain approximately 84 percent of the Lower Peninsula, looking for E. coli and the human-specific source tracking marker bacteria called B-theta.

The results were clear, Rose said. “The more septic systems in the watershed, the more human fecal source tracking bacteria in the water. If we want to keep E. coli and other pathogens out of our waterways, we need to address the problem of septic systems that may be failing to adequately treat our wastewater.”

Closing the gap should be an urgent priority for Michigan policymakers. State law needs to require periodic pumping and inspection of septic systems and replacement of those found to be failing.

But Michigan shouldn’t be satisfied with a law that does just the basics. We should add money to a new state low-interest loan program assisting homeowners with the cost of replacing those failing systems. And we should bump up public education so that more Michigan residents know about the problem and solutions.

If we’re going to be an environmental leader again, we can no longer refrain from sanitary code legislation.


Learn More about Why Michigan Must Move from Last to First on Control of Septic Waste

Here is today’s SepticSmart guidance from NatureChange, FLOW, and partners: 

Michigan’s Lack of Septic Maintenance Requirements Threatens Public Health (One-minute trailer)

Flushing the Future-The Challenge of Failing Septic Systems (16-minute video)

 

Get SepticSmart to Stop Pollution, Save Money

Image 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: SepticSmart Week: Progress on Protecting Public Health and Fresh Water and SepticSmart: Leelanau County Board Wisely Votes to Protect Fresh Water and Public Health from Septic Pollution.


Michiganders who rely on septic systems to treat and discharge their sewage don’t need to wait for a state law requiring them to maintain those systems. Their voluntary acts and practices can help prevent further groundwater and surface water pollution from failing and malfunctioning septic systems, and save them money and headaches too.

Most importantly, owners of homes with septic systems should have tanks pumped and examined at least once every three years. If the inspection yields evidence of a failing system, the tank should be replaced. Replacing failing systems is expensive – but the cost of not doing so includes risking the health of the household if a drinking water well is in the path of the slowly moving waste. It also puts neighbors and recreational users of contaminated streams at risk from fecal bacteria and household chemicals.

The State of Michigan is launching a $35 million low-interest loan program to assist homeowners in defraying the cost of septic system replacement.

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

Top 10 Ways to Be a Good Septic Owner

Other SepticSmart quick tips on protecting your septic system from failure:

  • Have your system inspected every three years by a qualified professional or according to your local health department’s recommendations.
  • Have your septic tank pumped, when necessary, generally every three to five years.
  • Avoid pouring harsh products (e.g., oils, grease, chemicals, paint, medications) down the drain.
  • Make efficient use of water and do not operate several water-intensive appliances at the same time. Doing otherwise can lead to a septic system backup into your house.
  • Keep the surface over a septic system drain field clear. Roots and heavy objects can disrupt the treatment of waste in the septic system.
  • For the full list of Top 10 Ways to Be a Good Septic Owner, click here or on the image.

Have your septic tank pumped, when necessary, generally every three to five years. Source: U.S. EPA. (Click for larger version).

If all homeowners with septic systems follow these tips and others, their potential bill for system replacement will be lower, and Michigan’s public waters will be cleaner.

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.

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.

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 Protect It and Inspect It!

 

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

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! 

SepticSmart Week: Progress on Protecting Public Health and Fresh Water

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!”

 

What the Big Water Infrastructure Law Means for Michigan

On March 30, Governor Gretchen Whitmer signed into law a $4.7 billion bill that includes almost $2 billion for water infrastructure.  Overwhelming majorities of the State House and Senate approved the bill on March 24.

Relying heavily on federal COVID-19 relief and infrastructure dollars, the legislation funds wastewater and drinking water projects, efforts to curb PFAS contamination, assistance to replace failing septic systems, replacement of lead pipes in municipal drinking water systems, and a healthy hydration program to eliminate children’s lead exposure in school drinking water supplies.

The new law also contains funding for state parks maintenance, dam safety, and non-environmental projects. Deeply concerning is the $50 million taxpayer-funded subsidy the legislation provides to a private company to mine potash in Osceola County, which has drawn well-informed criticism from Michigan Citizens for Water Conservation (MCWC), as well as from FLOW. MCWC asked Governor Whitmer to veto the item. The proposed operation would withdraw 1,200 gallons of groundwater per minute, more than 630 million gallons per year, contaminate it with brine, hydrogen sulfide, and hydrocarbons, then inject it underground in sensitive wetland areas that flow into the Muskegon River. Whitmer did not veto the subsidy.

“This legislation is a major step forward in protecting Michigan’s drinking water and our lakes and streams, but it is not perfect,” said FLOW Executive Director Liz Kirkwood. “Big as this bill is, it represents a much needed down payment. The estimated gap between our water infrastructure needs and what we’ve been spending is almost $1 billion – per year.

“We also need to develop policies and funding mechanisms that make public water affordable for all, while preventing shutoffs,” she said.

Lisa Wozniak, the executive director of the Michigan League of Conservation Voters, called the water infrastructure legislation “a huge win for our water.” 

Conan Smith, president and CEO of the Michigan Environmental Council, said the legislation “will be instrumental in ensuring Michiganders everywhere have access to clean, safe drinking water and will protect human health, not to mention create jobs and strengthen our economy.”

Key items in the bill include:

  • $750 million for drinking water infrastructure improvement projects
  • $515 million for wastewater and stormwater upgrades
  • $450 million for local and state parks and trails
  • $200 million for the Four Lakes Task Force to fix the dams that burst two years ago in Midland County
  • $138.8 million to replace lead service lines, including $45 million in Benton Harbor and $75 million in Detroit
  • $88.2 million to address emerging contaminants, like toxic PFAS contaminants in storm and wastewater
  • $50 million for a Healthy Hydration program providing drinking water filters in schools and childcare facilities
  • $35 million to address failing septic systems
  • $25 million for electric vehicle (EV) industry support and pilot programs

Sponsored by Republican Senator Jon Bumstead, Senate Bill 565 originally included $3.3 billion of funding for water, which was more than Governor Whitmer, a Democrat, was willing to support at the time. After negotiations, the bill grew to $4.7 billion, adding funds for non-environmental needs, including emergency rental assistance and road and bridge projects.

Two of FLOW’s priorities are in the bill:

  • A $35 million program of low-interest and no-interest loans to help  property owners replace failing septic systems. With an estimated 130,000 failing systems leaking human waste and household hazardous wastes into Michigan’s groundwater and surface water, the need is great.
  • $10 million to implement recommendations of the state Water Use Advisory Council. Endorsed by the multi-stakeholder Michigan Groundwater Table convened by FLOW, the recommendations for monitoring, data collection, analysis, and reporting should lead to better stewardship of groundwater

In addition to the controversial potash mining subsidy, Smith said the bill contained a “fairly egregious insertion” of $25 million for building new low-carbon energy facilities. “This very likely means funding for ethanol and other biogas projects, rather than wind and solar. These projects have far-reaching consequences, including slowing our transition away from natural gas and exacerbating problems with monoculture agriculture that we are already experiencing in Michigan,” Smith said.

Many implementation details remain to be resolved. The legislation gives significant leeway to state agencies in funding projects. For example, the legislation’s septic system language calls for the Department of Environment, Great Lakes, and Energy (EGLE) to “establish and support a loan program that provides low- or no-interest loans to municipalities, residents, and other entities deemed necessary by [EGLE] to protect public health and the environment through addressing failing septic systems.”

FLOW and other environmental organizations will make recommendations regarding, and monitor the implementation of, the environmental provisions of the infrastructure legislation to assure maximum benefits to Michigan residents in greatest need and the environment.

Lack of Septic Maintenance Requirements Threatens Michigan Public Health

Michigan’s estimated 140,000 compromised septic systems aren’t just a water pollution problem — they’re a threat to human health.

A new video documentary produced by Joe VanderMeulen of NatureChange.org and sponsored by FLOW, the Northern Michigan Environmental Action Council (NMEAC), Leelanau Clean Water, and the Benzie Conservation District underscores the serious health risks posed by a hidden pollution source fouling groundwater, lakes, streams and drinking water across Michigan.

Evidence is growing that on-site septic systems, used to handle and break down sewage and other household wastes in areas without public sewage treatment systems, are contributing to disease.

Michigan is the only state in the nation that lacks a statewide sanitary code requirement for periodic inspection of septic systems, meaning many are releasing wastes after years or decades without maintenance. Researchers have estimated that at least 10% of the state’s 1.4 million septic systems are failing and releasing pollutants to surface and ground waters.

“The best way to protect public health and our waters from failing septic systems is to enact a state law that makes sure all systems are periodically inspected,” says Liz Kirkwood, executive director of FLOW. “There’s no excuse for inaction in the face of growing science that these systems can make us sick.”

Dr. Mark Borchardt, a microbiologist with the U.S. Department of Agriculture’s Agricultural Research Service, says, “What we have seen in the studies we’ve done is that the greater the number of septic systems, whether they’re failing or not, the more likely it is that people become ill.” Borchardt attributes the health impacts to fecal pollution.

Michigan State University’s Dr. Joan Rose, the Homer Nowlin Chair in water research, directed a 2015 study of 64 Michigan watersheds that found a direct correlation between the number of septic systems and the presence of both E. coli and human fecal bacteria in the water B-theta.  She estimates 10% to 18% of Michigan’s septic systems are compromised.

“The more the human marker in these watersheds, the more septic tanks,” Rose says. “It suggested to me that we have been underestimating the potential for on-site systems … to impact our surface waters.”

Before studies by Rose, Borchardt and others, it was assumed that soil could filter human sewage, acting as a natural treatment system. Unfortunately, if not properly placed and maintained, septic systems do not keep E. coli and other pathogens from ground and surface waters.

A 10-year inspection program report prepared by the Barry-Eaton Health District found that 27% of on-site sewage systems required some actionranging from simple pumping to full-system replacement. Nevertheless, elected county commissioners repealed the ordinance, citing realtor complaints and property owner cost concerns.

“We don’t accept the discharge of poorly-treated human wastes from municipal sewage systems and we shouldn’t accept it from septic systems,” says Kirkwood.  “It’s time for reform to clean up our drinking water and the water we enjoy for swimming and fishing.”


Click below to view a 70-second promotional video that introduces “Flushing the Future: the Challenge of Failing Septic Systems”:

View the full documentary on NatureChange.org.

Don’t Do It in the River

Photo: A lack of septic regulations can lead to waste in our treasured waters. You wouldn’t “do it in the river,” would you?


By Dave Dempsey

Michigan prides itself on being an environmental leader, particularly in curbing water pollution. But in one area of water policy, Michigan is dead last among the 50 states. It is the only state that lacks a uniform sanitary code requiring periodic inspection and maintenance of septic systems—even though 30% of Michiganders rely on such systems.

The results are devastating to Michigan surface water and groundwater. An estimated 130,000 septic systems in the state are failing, releasing 5.2 billion gallons of sewage annually into Michigan waters. Numerous Michigan rivers and lakes have detectable levels of fecal bacteria. Groundwater, too, is contaminated by septic wastes. And conventional household waste isn’t the only thing polluting our waters. Emerging contaminants like pharmaceutical residues and endocrine disruptors are also found in household wastes. Little monitoring is done to identify these substances in groundwater.

A typical septic system consists of a septic tank and a drainfield, or soil absorption field. The septic tank digests organic matter and separates floatable matter (oils and grease) and solids from the wastewater. Soil-based systems discharge the liquid (known as effluent) from the septic tank into a series of perforated pipes buried in a leach field, chambers, or other special units designed to slowly release the effluent into the soil.

If well maintained, septic systems can handle household liquid wastes effectively.  Unfortunately, many homeowners with septic systems are either unaware of, or unable or unwilling to assure, proper maintenance through pumping and replacement when they fail.

Given the lack of a statewide requirement, some counties and municipalities have adopted local ordinances that generally require inspections of septic systems when property changes hands. Such an ordinance in the Barry-Eaton County health district found 2,566 sites with sewage system failures out of 9,443 sewage system evaluations.

Under pressure from special interests, some local governments are now backing off protecting water resources from failing septic systems. The Barry-Eaton ordinance has been repealed, and Kalkaska County is considering repealing its time-of-sale requirement for septic inspection.

FLOW finds such pollution, and the lack of a state law addressing it, unacceptable.  State legislation to curb this source of water pollution is needed. The Michigan Legislature came close to enacting a law in 2018, but last-minute changes weakening the bill prevented its passage.

If you are concerned about failing septic systems polluting our waters, contact your state representative and senator and ask them to support a statewide law requiring proper maintenance—and keeping this waste out of our waters.