ALLOW EXTENSIONS FOR

       SEWER LINE CONNECTIONS

House Bill 5145

Sponsor:  Rep. Leon Drolet

Committee:  Local Government and Urban Policy

Complete to 10-22-03

A SUMMARY OF HOUSE BILL 5145 AS INTRODUCED 10-8-03

         House Bill 5145 would amend the Public Health Code to allow for an extension of the time frame that is now specified in the law regarding required connections to available public sewer lines.

         Currently under the law, structures in which sanitary sewage originates must be connected to an available public sanitary sewer in a city, village, or township, including structures lying outside the city, village or township limits, following approval of the appropriate governing bodies.  The connection must be completed promptly, but not later than 18 months after the date of the last of the following events: a) publication of a newspaper notice, by the governmental entity which operates the sewer system, concerning the system’s availability; or b) modification of a structure to become a structure in which the sewage originates.  Under the law, a city, village or township can enact ordinances, or a county or district board of health can adopt regulations, to require the connection be completed within a shorter time period for reasons of public health.  House Bill 5145 would retain all of these provisions, but specify that the county or district board of health also could adopt regulations to require a connection for reasons of “safety, or welfare.”

         In addition, the bill specifies that the owner of a structure that was required to be connected could request an extension of the time specified.  Upon request, a city, village, or township could grant an extension for a period of time that was determined appropriate by the governmental unit, or for as long as the existing septic tank disposal system was in satisfactory operating condition, and did not constitute a threat to the public health, safety, or welfare.

         Under the bill, the Department of Public Health would be required to adopt guidelines to assist the local health departments in determining what septic tank disposal systems were in satisfactory operating condition.

         MCL 333.12753

Analyst:  J. Hunault

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This analysis was prepared by nonpartisan House staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.