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Bill

HB 4479

Environmental protection: sewage; onsite wastewater treatment systems; regulate, and provide for assessments and evaluations. Amends sec. 12752 of 1978 PA 368 (MCL 333.12752) & adds pt. 128.

2023-2024 Regular Session Introduced by Abraham Aiyash and 38 co-sponsors

Creates statewide Part 128 rules for onsite wastewater, requiring permits, inspections, standards, local health dept authorization, and EGLE oversight to protect health and water.

referred to second reading
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Bill Summary · HB 4479

Summary — HB 4479 (Onsite Wastewater Treatment Systems)

Status: Referred to second reading. Introduced March 12, 2025 (multiple versions dating back to 2023); substitute (H‑2) reported 12‑12‑2024. Companion: SB 2448.

Purpose

HB 4479 adds Part 128 to Michigan’s Public Health Code to establish statewide regulatory structure for onsite wastewater treatment systems (OWTS, e.g., septic systems). The bill sets definitions, statewide standards, permitting, inspection, enforcement, and assigns roles for local health departments and the Department of Environment, Great Lakes, and Energy (EGLE).

Key provisions

  • Definitions and scope

    • An OWTS is a system treating sanitary sewage or domestic‑equivalent wastewater and discharging up to 10,000 gallons per day to a soil dispersal system on property controlled by the owner.
    • Distinguishes conventional systems (septic tank + soil dispersal) and alternative systems (nonconventional technologies providing equivalent or better protection).
  • Local health department authorization and responsibilities

    • EGLE must authorize a local health department to administer Part 128 for conventional systems if the local agency: adopts consistent local regulations; can conduct site evaluations, issue construction permits, perform inspections, respond to complaints, issue notices/penalties, and provide administrative review; and maintains qualified staff meeting minimum educational and training standards.
    • Similar but additional authority is required for local administration of alternative systems, including review/approval of plans and issuance of operating permits to ensure long‑term maintenance.
  • Staff qualifications and training

    • Minimum qualifications for staff who work independently: bachelor’s degree in relevant field (environmental health, biology, geology, engineering, chemistry, or equivalent); at least 8 hours of training (including 4 hours of USDA soil classification field training) from EGLE or an EGLE‑approved provider; specified supervised and solo field evaluation and inspection experiences; observation of at least two complete system installations.
  • Permitting and inspections

    • Construction permits required before installing, altering, or repairing an OWTS; if the local health department is not authorized under Part 128, EGLE issues permits.
    • Local building permits for residences or facilities cannot be issued where an OWTS construction permit required under Part 128 has not been obtained.
    • Alternative systems that use proprietary products must use products registered by EGLE or conform to EGLE’s recommended standards for nonproprietary technologies. Operating permits may be required to ensure long‑term maintenance.
  • State oversight and implementation flexibility

    • EGLE provides statewide oversight, develops recommended standards/guidance, may register proprietary products, and may implement Part 128 where local departments are not authorized. EGLE may contract with authorized local health departments or other qualified entities to carry out work.
  • Fees, education fund, and enforcement

    • Authorizes reasonable fees for onsite wastewater program services and adds a $5 public education and training fund fee to application fees; fund administered by state treasury for public education and training.
    • Enforcement tools include notices, penalties, inspections, administrative review, and referrals for further legal action.

Who is affected

  • Homeowners and property owners using onsite wastewater systems (including buyers/sellers where point‑of‑sale inspections may apply via definitions).
  • Local health departments (new authorization and staffing requirements).
  • EGLE (state oversight, product registration, standards development).
  • Installers, designers, and maintenance providers (must obtain permits; comply with standards; operators of alternative systems may need operating permits).
  • Local governments (cannot issue building permits dependent on OWTS construction permit).

Procedural/timeline notes

  • Bill has multiple versions and a substitute (H‑2) was reported 12‑12‑2024. Introduced most recently May 8, 2025 (referred to Judiciary committee in that filing). Prior committee actions include public hearings and left pending in subcommittee (April 2025). The companion regulatory rulemaking is referenced (related bill HB 4480).

This bill creates a unified regulatory framework intended to improve public health and water quality outcomes by clarifying permit, inspection, training, and maintenance responsibilities for onsite wastewater systems across the state.

Compiled from official sources — confirm details with the bill’s official record.

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