Summary — HB 4480 (Onsite Wastewater Treatment Systems; new Part 128 to the Public Health Code)
Status & procedural history
- Introduced by Rep. Carrie Rheingans (first introduced 4/27/2023). A substitute (H‑1) was reported with recommendation on 12/12/2024 and the bill was referred to second reading. A companion Senate bill is SB 2759.
- Key next steps prescribed in the bill: creation of a technical advisory committee (appointments required within 90–120 days) and a requirement that the Department promulgate a statewide code within 3 years of the act’s effective date.
Purpose / intent
- Establish a statewide regulatory framework (Part 128) in the Public Health Code governing onsite wastewater treatment systems (OWTS) — i.e., septic and other systems that collect, treat, and disperse wastewater on the property that generates it — to protect public health and water resources and to standardize oversight across Michigan.
Major provisions
1. Definitions
- Establishes key definitions: onsite wastewater treatment system, sanitary sewage, domestic‑equivalent wastewater, conventional system (septic tank + soil dispersal), and alternative system (non‑conventional technologies that provide equivalent or better protection).
State code and rulemaking
- Requires the Department (EGLE/department named in bill) to promulgate a statewide, performance‑based sewage code within 3 years that will set minimum standards for siting, design, installation, effluent limits (if applicable), corrective actions, construction approvals, operation/inspection/maintenance, product/component approvals, and appeals criteria.
Technical advisory committee
- Creates a multidisciplinary advisory committee to advise on standards, non‑proprietary technologies, product testing/registration, inspection/evaluation criteria, qualifications and continuing education for evaluators and practitioners, and recommended implementation guidance.
- Committee composition specified (regional local health dept. reps, engineers, hydrogeologist, microbiologist, soil scientist, university rep, product manufacturers, installers, service providers, department reps, public‑interest rep, etc.). Terms, meeting frequency, public‑meeting and FOIA requirements included.
Local health department (LHD) administration & EGLE oversight
- Sets criteria for an LHD to be authorized to administer Part 128 for conventional and alternative systems (adopt consistent local regulations; conduct site evaluations, issue construction permits, perform inspections; enforce rules; provide administrative review).
- Staff minimum qualifications required for LHDs (e.g., bachelor’s degree in related field; minimum training including at least 8 hours with 4 hours USDA soil classification field training; supervised and solo field evaluations and inspections; observation of installations).
- EGLE must authorize LHDs that meet criteria; EGLE retains statewide oversight and must implement the program where an LHD is not authorized. EGLE may contract with authorized LHDs or qualified persons.
Permitting and installation
- Construction permits required before installing, altering, or repairing an OWTS; local building permits cannot be issued for a residence served by an OWTS without the construction permit.
- Permits must be issued if an alternative system uses an EGLE‑registered proprietary product or nonproprietary technology consistent with EGLE standards; long‑term operation permits/maintenance requirements for alternative systems are required.
Who is affected
- Local health departments (new authorization criteria, staffing/education/training expectations).
- EGLE (rulemaking, oversight, registration, contracting authority).
- Property owners and developers using onsite systems (new permit/inspection/maintenance requirements).
- Installers, designers, evaluators, manufacturers and service providers (product registration, practitioner qualifications, potential registration/continuing education).
- Local governments (building permit coordination) and entities concerned with public health and water quality.
Potential impacts and considerations
- Standardizes statewide protections for public health and water quality from onsite wastewater systems; introduces consistent product registration and performance standards.
- Imposes new training, documentation, and administrative responsibilities on LHDs and practitioners; could increase compliance costs and recordkeeping.
- Provides EGLE with authority to implement/contract where local capacity is lacking, aiming to reduce variability among jurisdictions.
Note: The bill underwent amendment (substitute H‑1) which expanded committee membership and added detailed evaluator/practitioner standards; readers should consult the most recent substitute text and committee report for full, current language.
