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Michigan lawmakers are the closest they’ve been in years to passing a statewide septic code that would increase inspections to guard against human fecal waste leaking into the state’s lakes, rivers, and groundwater.
The Democrat-controlled state Senate is poised to pass the measure after nearly four decades of advocacy and negotiations. But the bill’s future in the state House is unclear, with local officials raising familiar concerns about implementation and private property rights.
Michigan is the only state in the nation without uniform requirements for onsite septic construction, maintenance, and inspection. Instead, each of the state’s 45 health departments employs its own rules. Many have no inspection requirements after the initial installation.
SB 771 would change that, directing the state’s department of Environment, Great Lakes, and Energy (EGLE) to issue a set of septic regulations to periodically inspect the over 1.3 million onsite septic systems in the state. After a ramp-up period, each system would be inspected every 10 years.
Last session, the Senate passed a pair of bills similar to SB 771 – SB 299 and SB 300. They were then referred to a House committee but received no further action.
Onsite septic systems, which the bill would regulate, are backyard tanks and drain fields that filter fecal waste for around one third of Michiganders who are not connected to a city sewer system. Well-maintained systems can successfully filter out E. coli and other bacteria and contaminants that can pose harm to both human health and the environment. Improperly maintained systems can leach contaminants into groundwater. The U.S. Environmental Protection Agency recommends most household septic systems be inspected “at least every three years” and says they are typically pumped every three to five years.
Currently, only 12 of the 83 counties have septic ordinances, according to Flow Water Advocates. Counties with stronger requirements might, for example, require inspections in instances such as when a new owner buys the property. In counties with no such requirements after initial installation inspection, some homeowners may not be conducting regular maintenance. One 2018 study of residents in mid-Michigan found that nearly a third did not know they had a septic system, and around a quarter indicated they do not pump or maintain their system.
The proposed bill would establish requirements for onsite wastewater treatment systems to be examined every 10 years. To start, septic systems that are oldest or close to lakes and other environmental features would be prioritized. Homeowners would have to pay civil fines should they fail to follow evaluation requirements or repair their systems as needed.
SB 771 would also create a technical advisory committee to advise EGLE on how it implements the standards, technologies, evaluator qualifications, and implementation of the new statewide code, a part of the bill that local officials have strongly supported.
The bill also seeks to address funding concerns by standing up an Onsite Wastewater Treatment System Administration Fund, as well as a Public Education and Training Fund to help increase public understanding of septic maintenance best practices.
Lawmakers, health departments, environmentalists, and other stakeholders have been trying to find consensus on a statewide septic code for nearly 40 years. Last session, they got close, bill sponsor and Majority Floor Leader Sen. Sam Singh, a Democrat representing central Michigan, said on a March webinar hosted by Flow. Now the question is whether, unlike last year, lawmakers will be able to speed through a vote on the bill during the “lame duck” period after the election but before new members are sworn in in January.
If lawmakers don’t pass the bill by the end of the year, a new Democratic majority in the House may breathe new life into the bill in the new year. The Michigan Senate is majority Democrat, while the House is majority Republican, but that may change. Polling from State Navigate forecasts a strong chance that Michigan Democrats win the state House, Senate and governor during the November election. New members would take their seats in the new year.
So far, the Senate bill is sponsored by Democrats. Similar legislation in the House, HB 6066, is also sponsored by Democrats. Rep. Phil Skaggs, a Democrat from East Grand Rapids, introduced the bill.
Finding Consensus
The push for reform is clashing with longstanding concerns from local health departments that say they don’t have the staff or funding to meet the new requirements. Eric Pessell, Health Officer with the Calhoun County Public Health Department, estimates that he’ll need to double or triple his staff to accommodate the new inspection requirements. He worries there may not be enough qualified graduates to meet the needs of all 45 Michigan health departments simultaneously scaling up.
“We don’t have the staffing, [and] I can’t get the staffing with the qualifications, because every health department is going to be fighting for the few people that are graduating with degrees,” Pessell says. “That’s the reality on the ground.”
Plus, the bill doesn’t address start-up funding to help departments make those hires, he adds.
Regarding funding, Pessell worries the bill could amount to an unfunded mandate without changes. Michigan Association of Counties (MAC) raises concerns that despite the bill standing up a fund to help administer the septic code, such state funds to help locals remain subject to future appropriations.
The bill also authorizes counties to collect their own fees, which Pessell says he’d need to do, but likely still wouldn’t cover costs.
Paying for any septic system repairs that those inspections uncover is another concern. On the Flow webinar, Singh acknowledged it will be hard for homeowners who haven’t inspected their septic systems in decades to suddenly find out they need to come up with $10,000 to $15,000 for repairs or replacement. The lawmaker said he is working to expand a current loan program for septic repairs for low-income residents to increase the amount and add grants in addition to loans.
MAC says they would need the bill to create a “dedicated, reliable fund” to help residents pay for repairs or replacements before they could support it.
Local officials are also wary of mandated inspections every decade. Pessell, who has worked for health departments for over three decades, says he’d have homeowners saying, “Get the hell off my property, what are you doing? I didn’t ask you to come” should he have to implement periodic inspections.
Pessell says the bill would be more likely to gain the support of public officials if it limited required inspections to those at systems classified as high risk due to, for example, their proximity to a lake, plus instances where a homeowner undertook an action that would trigger an inspection, like expanding their home or selling it.
A successful statewide program needs to provide homeowners with choices rather than require periodic inspections across the board, he argues. It’s easier for a homeowner to understand that a septic inspection comes with an action that they’re opting into, like building a barn, an in-ground pool or transferring their property to a new owner, rather than being told that they have to inspect their system simply because it has been 10 years. Pessell notes that around 130 homeowners per year in his county obtain permits to fix failing systems on their own, without government-mandated inspections.
But proponents of the periodic mandated inspections say it’s the only way to ensure the many onsite septic systems in the state are evaluated, and the leaking and failing systems identified.
Megan Tinsley, water policy director with the Michigan Environmental Council, says detractors and disgruntled homeowners need to change how they’re thinking about the issue. A homeowner not connected to a municipal sewer system should take responsibility for maintaining their septic tank the same way they maintain other aspects of their home, Tinsley says.
“Why should your septic system, which manages your household waste, be any different than a roof?”
Homeowners connected to municipal sewer systems pay monthly for maintenance, Tinsley points out, so homeowners using onsite septic systems should expect to maintain their own.
Failing Systems, Fecal Bacteria
It’s impossible to know the extent of failing septic systems, in part because there’s no centralized data for where septic tanks are in the state. Each locality currently keeps its own records, some still on paper. SB 771 would create such a database.
But looking at counties that have required inspections can provide snapshots. In Barry and Eaton counties, the district health department implemented a program to inspect septic systems when homes sold or transferred owners. Of the 9,443 evaluations, 27 percent found a problem requiring some sort of corrective action. That program was eventually repealed after complaints that the mandated inspections undermined private property rights. Washtenaw County similarly implemented a time of sale inspection program in 2000 that found around 18 percent of inspected septic systems were failing or inadequate over the first year and a half, Michigan Public reported.
Those septic issues contribute to fecal bacteria in many of Michigan’s waters. One study that environmentalists often point to was conducted by scientist Joan Rose at Michigan State University. Rose looked at 64 rivers draining 84 percent of Michigan’s Lower Peninsula and found that higher levels of human fecal contamination correlated to watersheds where there are more septic tanks.
Though it is a state that takes pride in its clean waters, Michigan suffers widespread fecal pollution. Environment Michigan Research & Policy Center found 78% of rivers, lakes and streams had bacteria indicating fecal matter on at least one day in 2024. Over two thirds of the monitored areas had potentially unsafe levels of fecal contamination at least a quarter of the time. That fecal matter can cause health issues, including gastrointestinal and respiratory infections. It can also contain excess nutrients that can lead to toxic algae blooms.
A statewide septic code is a step forward but won’t fully solve the problem, says Calvin Floyd, conservation advocate for Environment Michigan.
Floyd says Michigan needs increased federal funds to help repair aging wastewater infrastructure. Bacteria can also enter waterways from city sewage overflows, and from stormwater running directly into lakes and streams. Specifically, Floyd is pushing for increased federal Clean Water State Revolving Fund (CWSRF) dollars. In 2024, EPA estimated that fixing Michigan’s wastewater and sewer systems would require $753 million each year for 20 years. In fiscal year 2026, Congress appropriated just $31 million for Michigan.
