Guest Article: Legislating a Concern into an Impossibility

NC Board Chair Bryan Kolk

Proposed  Septic Inpection legislation doesn't add up
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By Bryan Kolk
Newaygo County Board Chair
Health Department #10 Board member

We have legitimate concerns about the quality of our water and environment here in Michigan.  Senate Bill #299 and #300 also known as the “Environmental protection: sewage; onsite wastewater treatment systems; regulate, and provide for assessments and evaluations.” This does not fairly or clearly address those concerns.

We also know that sometimes unnamed concerns can lurk behind the title of something. I believe that is what we have here.  These bills make it a requirement for “Onsite wastewater treatment systems” (residential septic systems) to be inspected every 5 years. Doesn’t sound so bad but it is pretty much an impossibility.  I live in Newaygo County which is part of the District Health Department #10, which services the 10 counties of Crawford, Kalkaska, Lake, Manistee, Mason, Mecosta, Missaukee, Newaygo, Oceana and Wexford.  Drawing from information to this Health Department we have 165,000 known onsite wastewater treatment systems. That makes 33,000 inspections a year for the 10 county district. Servicing these Counties are 12 Sanitarians.  Simple math shows that each of these Sanitarians will be responsible for 2,750 septic system inspections per year or about 1.25 inspections per hour if they do not take any lunches, breaks or vacations.  This of course also leaves out travel time between sites or re-inspections when necessary.  I spoke to a larger county that is not in our district.  They employ 3 full time sanitarians and report to covering 900 inspections per year.  There are provisions in the Bill for education and training of new inspectors but I have seen what happens to fees when demand for services far exceeds the supply of providers.  I got a call two weeks ago from a contractor complaining that they were building a new home and requested permits for septic and well.  They were told scheduling was currently 6 to 8 weeks out.  This Bill is also triggering new inspections when building permits are issued for existing homes or when a sale of a home is foreseen.

Getting past simple math on inspections we can look at the costs included with these Bills.  They are looking for a $3,000.00 Application and Review fee.  After the actual costs are covered which includes an administration fee from the State, you should be returned the remainder of the posted fee.  Doesn’t specify how timely that comes back. 

Other concerns are that each of these inspections requires a pumping of the septic tank.  A tank of 1,000 gallons is required on homes with 2-3 bedrooms. It varies for more or less bedrooms.  Taking 1,000 gallons as a rough average, pumping 33,000 tanks per year is 33 million gallons of sewage.  The state lacks the capacity in the number of businesses that pump septics to keep up.  If we grow enough to keep up, where do they dump that 33 million gallons of sludge?  

Back to our Sanitarians.  I am guessing that the reactions may differ from household to household when someone they do not know knocks on their door and announces that they are from the local Health Department and need to schedule a septic system inspection.  Probably not many smiles with handshakes, possibly putting workers in serious jeopardy.  The Sanitarians have other duties as well.  In addition to doing all of the septic inspections, they have to do inspections for wells.  Campgrounds get regular inspections as do pools, body art locations, restaurants, temporary food service locations (food trucks, fairs and festivals), water service to schools and golf courses.  Don’t forget the testing of surface water.  Here in District #10 that’s all of the beaches along Lake Michigan and 20 smaller lakes.  Our county just had a major algae bloom in one lake with warnings to avoid contact with the water.  That is not going to be a one test and done but will need constant monitoring.  Let’s remember the PFAS we are discovering in so many locations now.  It’s those Sanitarians that must test and monitor these sites as well.

One local event (The Electric Forest in Rothbury) took a week from all 12 of our Sanitarians to prepare for.  They covered 100 temporary food service licenses as well as testing 24 different wells. 

The water and environment is very important to me but we cannot pass a law that can only cause a failure back home. These unintended consequences must be reviewed and ways to mitigate those consequences must be developed and written into law.  Possibly backing off a bit on the every 5 year requirement.  Maybe an initial focus on the more concerning properties that are within 500 feet or 1,000 feet of a waterway, then expanding. In Michigan one regulation does not fit all environments or situations.  We have areas that are sand, clay, rock and many conditions in between.  Maybe rather than regulations being made by the state we can let the local Health Departments be in on the decisions and approach to keeping Michigan safe.  One size does not fit all and remember that all sorts of liquids flow downhill.  Let’s not make the local Health Districts be at the bottom of the pond and drowning.  Let your Senator and Representative know how you feel.

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