ENVIRONMENTAL POLICY: Grand Traverse County board debates septic system rules

Jul. 25—TRAVERSE CITY — Michigan is the only state in America without a statewide sanitary code. That means residential water wells and septic systems are governed by a patchwork of local regulations, some of which are much stricter than others.

On Wednesday, the Grand Traverse County Board of Commissioners met in a study session to discuss how pending legislation in Lansing could replace existing rules, help safeguard the environment — and boost expenses for local homeowners.

At issue is how often septic systems should be inspected, by whom and at what cost. Options on the table including requiring inspections at the point of sale (property transfer), or every five years for systems handling less than 10,000 gallons per day — the vast majority in most residential areas.

At Wednesday's meeting, officials from the county's health department presented a detailed slideshow on the scope, costs and challenges of the proposed statewide inspection standards, which could include monetary penalties for homeowners who fail to comply.

Similar proposals have been debated in the Legislature for more than 20 years, they noted.

The proposed five-year mandate would apply to all of the following:

— Septic systems at least 30 years old

— Those within 300 feet of a body of water

— Septic systems that have never received a permit from the local health department

MIXED REACTIONS

Commissioners had mixed reactions to the proposed state laws. Some were in favor of making changes locally now, while others suggested waiting until a comprehensive new state law is passed.

"My question is: 'What are we solving here?'," said board Chair Rob Hentschel. "If it's consumer protection for those buying a home, I'm not sure it's the government's job to mandate inspections. Buyers can certainly require a (septic system) inspection at the time of purchase.

"If the purpose is protecting the environment, I believe in protecting our lakes and streams, which are universal assets for all people in our area. But do we need to do inspections every five years on a farm that's miles away from a body of water?"

Commissioner T.J. Andrews, who represents District 7, said a "good starting point" would be to require an inspection at the point of sale, which would be better than the current local rules that have no time-based interval for inspections.

"We should definitely do something," she said. "It's shameful that Michigan has no statewide code today.

"I think (requiring inspections) every five years would get a lot of pushback, so let's start with the low-hanging fruit — a point-of-sale requirement, which could be phased in over time to give counties time to prepare."

HIGH POTENTIAL COSTS

The potential cost to implement the new legislation — and the cost for homeowners — could be steep.

Today, Grand Traverse County has about 25,000 septic systems in use today, the vast majority of which are residential, according to officials from the county health department who presented an in-depth review at Wednesday's board meeting,

A typical residential septic system consists of a 1,000- to 2,500-gallon tank, a drain field and various types of piping.

Experts emphasize that simply pumping a septic tank every few years doesn't guarantee that the overall system is functioning properly. Drain fields can fail over time, spilling untreated sewage into nearby streams and waterways.

Replacing a septic system can cost from about $10,000 to as much as $50,000, depending on the type and complexity of the installation, as well as the volume of water and property type involved.

Furthermore, inspections themselves are expensive.

The current market rate for an on-site inspection is about $600, if done by an independent firm or a local health department. Add in another $100 for an evaluation report and $50 for a state fee. That brings the total to about $750 per inspection.

If the county is required to inspect 5,000 septic systems per year (on a five-year rotation), the estimated cost would be $3.75 million per year, or $18.8 million over five years, according to health department officials.

Currently, the county issues about 450 septic system permits per year. About 180 of those permits are for replacements, and of that group about 40 to 50 percent are for failed septic systems.

First passed in 1964 and updated in 1994, the Grand Traverse County sanitary code doesn't include a specific time schedule for maintenance or inspections. Instead, most inspections are driven by failures, complaints or changes in use, such as the volume of water going into the system.

"Compared to other codes across Michigan, in many cases, (our) code provides more safeguards, such as a 50-foot isolation from surface water and wells, and a 48-inch vertical separation from (bottom of stone) to groundwater," according to the county health department presentation.

TRAINING REQUIREMENTS

Some of the pending legislation — for example, House Bill 4475 — would require that health department inspectors earn a four-year bachelor's degree with a major in "environmental health, chemistry, biology, geology, engineering — or an equivalent degree," not to mention several other certifications.

Hentschel said he had "a most animated response" to that requirement:

"It's not rocket science to check a septic tank or drain field. This educational requirement is ridiculous! The job could definitely be done by a technician with a few hours of training and on-site supervision."

Health department officials in Leelanau, Antrim and Grand Traverse counties said it would be difficult, if not impossible, to find inspectors with all the proposed credentials in a short period of time.

SOIL AND TIME SPAN CHALLENGES

Soil types vary greatly across Michigan, which impacts the effectiveness of drain fields that percolate liquid through the ground as part of a natural filtration process.

Generally speaking, "sandy loam soil" (a mixture of sand, silt and some clay) is considered the best type for septic system installations because it can percolate gradually and drain water quickly, according to a study by Ohio State University.

In contrast, soil with a high clay content drains water slowly and can cause water logging, leading to the flow of septic tank liquids into nearby waterways.

Purely sand soil is not ideal because the water drains too quickly.

Northern Michigan typically has sandy and sandy loam soils, while many downstate counties have high clay-content soils.

These significant soil variables mean that a "one-size-fits-all" approach for the entire state may not be flexible enough for all of Michigan's 83 counties, officials said.

Time gaps and missing data are two additional challenges facing local health departments.

Grand Traverse County started to issue septic system permits in the mid-1970s, officials said, but some septic systems date back to the 1960s — or even earlier.

Moreover, some northern Michigan homes and vacation cottages have been in the same family (or trust) for decades, which means they may not be listed in local sanitary code databases. Also, such older systems may not have been inspected for many years.

"Some homeowners don't even know where their drain field is located," said an independent septic tank inspector in Antrim County.

According to the Environmental Protection Agency, a properly designed, installed and maintained drain field will need to be replaced once every 15 to 30 years. If the drain field is not installed properly or poorly maintained maintenance, it may need to be replaced before 15 years.

The potential number of failing drain fields could be much higher than expected, though that is yet to be determined as area counties begin to update their data files.