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Concerns about septic systems



By Lisa Brody


The need to have our septic systems inspected and tested isn't something most of us like to think about typically until or unless something goes wrong. The irony is that state environmental regulators estimate there are about 1.3 million of on-site wastewater, or septic systems, operating in the state of Michigan, with 10 percent or more of those failing to work properly. That's about 130,000 septic systems breaking down annually, with the state estimating about 31 million gallons of wastewater from toilets and drains not being treated properly. Those failures then subsequently affect our waterways and groundwater.


According to Michigan's For Love of Water, known as FLOW, septic systems are small-scale wastewater treatment options, used when a home or complex cannot easily be connected to a municipal sewer system. Raw sewage and wastewater, including bath water and dishwater, are first pumped from the home into the septic tank. A septic tank is an underground, sealed, concrete tank where the household waste is treated. For a home, it is usually located somewhere on the property. Here, solid waste sinks to the bottom of the tank and materials such as oil form a layer of scum on top. Bacteria then breaks down the solid waste, while the wastewater migrates out of the septic tank and into the drain field.


Perforated pipes distribute the liquid wastewater throughout the drain field. Once out of the pipes, the wastewater effluent seeps through a gravel layer, then through the soil. In a properly functioning septic tank, the gravel and soil filter the wastewater before it flows into the groundwater or nearby surface water, such as streams, ponds and lakes.


But leaking or malfunctioning septic systems can allow organic wastewater compounds, like nitrate and E. coli, to percolate through the soil and enter the groundwater. According to FLOW, leakage and effluent runoff are also major contributors to E. coli levels in surface water.


Sewage from failing septics can taint drinking water wells, aquifers and other drinking water sources, leading to dysentery, meningitis, hepatitis, typhoid fever, and other serious illnesses. Nitrates from failing septics pose particular threats to infants, such as methemoglobinemia, or "blue baby" syndrome, which interferes with the blood's ability to carry oxygen.


Failing septics also are one of the most frequently reported causes of groundwater contamination. Failing septics may also result in beach closings caused by high levels of E.coli; excessive algae and aquatic plant growth; fish consumption restrictions; and bacterial and viral infections from contact with contaminated recreational waterways.


Michigan is currently the only state in the United States without mandatory testing and inspection requirements for septic systems, an issue that some state legislators have attempted to remedy. In 2022, a $35 million fund was created to provide loans to fix faulty septic systems. Lawmakers are still hoping to create a framework to begin solving the problem.


In April 2023, House Bills 4479 and 4480 were introduced to ensure regular septic tank inspections every five years. In addition, the new laws would have enabled the creation of an inspection database and inspector certification system. Under the new laws, if they had passed, a technical advisory committee would have been formed to assist the Department of Environment, Great Lake and Energy (“EGLE”) on standards for septic system management. Part of the bill would have included having a “point of sale” inspection, whereby sellers of a home are required to have their septic systems tested, as well as requiring homeowners to test their systems every five years. and residents would generally have six months to fix problems detected during inspections. The bills saw local health departments becoming authorized to oversee those inspections. The bills would also have created a fund to help cover those and other costs associated with septic regulations. Adding money to the fund would have been a separate conversation during budget negotiations. But it never got that far.


The bill was referred to the Natural Resources, Environment, Tourism and Outdoor Recreation Committee, where it languished until the end of the legislative term. Among the sponsors of the bill were Oakland County state Reps. Noah Arbit (D-Commerce Township, West Bloomfield, Keego Harbor, Orchard Lake, Sylvan Lake, Bloomfield Township), Sharon MacDonell (D-Troy, Birmingham, Bloomfield Township, Royal Oak, Clawson), Brenda Carter (D-Pontiac, Waterford), Samantha Steckloff (D-Farmington, Farmington Hills, Bloomfield Township, Birmingham, Beverly Hills, Franklin, Southfield), Regina Weiss (D-Oak Park, Southfield) and Kelly Breen (D-Lyon Township, Novi).


Inspections every five-years were popular with the real estate industry, which argues the point-of-sale inspection programs that exist in some Michigan counties unfairly target people looking to sell their homes, while overlooking pollution from homes that aren’t on the market. It is also very expensive to replace a septic system – as much as $15,000.


Brad Ward, vice president of public policy and legal affairs for the Michigan Association of Realtors, said his group sees the draft bills as “a really good starting point.”


Dave Woodward, chair of the Oakland County Board of Commissioners, said he preferred a 10-year testing timeline, noting the time-consuming effort it takes the health department to inspect all the county's 4,500 restaurants twice a year. “I prefer a universal inspection process as compared to a point-of-sale approach. According to real estate trends, only some real estate turns over frequently – the rest remains owned for much longer periods of time. Without universal inspection, it may be decades or longer before all septic tank inspections were conducted. I support developing a universal county septic inspection program that completes inspections of all septic tanks at a minimum every 10 years. In Oakland County, maybe we need a little longer, because we'd have to figure out how to build the infrastructure and do the testing every 10 years.”


Many hope it, or a similar piece of legislation, will be introduced in the new legislative year.


The Michigan League of Conservation Voters has also called for statewide regulations to address failing septic systems.


"Michigan is the only state in the country without protections in place around household septic systems, which are believed to release 31 million gallons of sewage every day into our state's waterways," said Lisa Wozniak, executive director of the Michigan League of Conservation Voters. "We need common sense safeguards that protect the health of our communities and the safety of our water resources. A bipartisan solution that addresses our failing septic systems can't come soon enough to prevent this threat to our rivers, lakes and streams."


The Michigan Environmental Council, which has said the percent of failing septics could be as high as 20 to 40 percent in some places, has long supported a statewide septic code, as well as the establishment of a statewide database system to track the location, age and condition of septic systems throughout the state.


In Oakland County, there are at least 80,000, and possibly as many as 100,000 septic systems in operation, many of which are in the northern and western sections of the county, as well as some homes in Bloomfield Township and the Rochester/Rochester Hills area, that lack sewer connections. That number is more than any other county in Michigan. Exactly how many of those systems are failing is not known. However, according to Woodward, Oakland County Board of Commissioners chair, “The state says about about 25 percent are at risk for failure, so that's about 25,000 just in Oakland County. If they're maintained well, they can go longer than that, but most were installed when the county was ballooning in population.”


Woodward noted that they do not know where all of the approximately 100,000 septic systems are in the county – they only when they don't work. Then “those potentially leaking systems into lakes and streams are a priority,” he said.


“The Michigan Department of Environment, Great Lakes and Energy (EGLE) estimates that between 20 to 25 percent of all septic systems in Michigan are failing and Oakland County is no exception,” said Oakland County Water Resources Commissioner Jim Nash. “Mostly in the northern and western parts of the county, where most folks on septic systems live, we are seeing a real problem. In recent years we have been working with the northern tier communities on a project to include the industrial and environmentally sensitive areas to hook up with a sewer system in lower Genesee County and get off their failing septic systems. Michigan is the only state I am aware of that has no statewide septic ordinance and we contribute all our water into the Great Lakes. Oakland County is headwaters of five watersheds and our health department is very active in this area. To save our local water quality and limit the damage to the Great Lakes we need a statewide program. I would support legislation to do that, but we need a program to help low income people do that work without the threat of losing their homes because of the cost.”


A 2018 study conducted by Public Sector Consultants of mid-Michigan residents who were likely to have a septic system found that approximately 30 percent of residents did not actually know they had a septic system – which they noted is one major cause of septic system pollution.


The average age of a homeowner's typical septic system was 28 years old, and 43 percent said they had not had their systems pumped out in the last five years. Another 25 percent indicated that they did not pump or maintain their system on a regular basis. Of those interviewed for the study, only 15 percent were aware of the normal lifespan of a septic system.


Wild River Environmental noted the life expectancy of a steel septic tank will rust out in 15 to 20 years and may collapse if it is driven over, while a concrete one will last up to 40 years as long as the wastewater is not acidic and it is maintained.


“Diamonds are forever, but septic systems are not. It’s true that with proper care and maintenance a waste water system will last many years. However, any septic tank buried in the ground will eventually deteriorate. There are many factors that decide how fast a tank will deteriorate such as construction material, environmental factors, and the level of care it is given,” they advise.


“Concrete septic tanks are sturdy and reliable but not indestructible. The biggest risk is exposing the concrete to acidic substances. Bacteria breaking down solid waste produces hydrogen sulfide gas. When hydrogen sulfide mixes with water vapors, such as the ones you’d find in a wastewater tank, it turns into sulfuric acid and eats away at the concrete. Keeping vents open and clear of debris will decrease the risk of sulfuric acid formation,” experts at Wind River Environmental explained.


The EPA said the life expectancy of a drain field under excellent conditions and with good care will last for 15-40 years. “Those which last the longest are seldom tested with neglect, poor maintenance, high usage or other environmental stresses like storms or severe droughts.”


There are signs homeowners should watch out for an aging septic system which is in need of maintenance. First, Wind River Environmental said to keep an eye out for a high, thick sludge layer. A thick layer of sludge leaves less room to filter wastewater before draining. A healthy system’s top layer will be dark brown and full of worms. Keeping the sludge level low with regular draining will prevent overflow.


Watch for high levels of solid waste. Solid waste levels should not exceed one-third of the depth of the tank. To remedy this, have the tank serviced more often to prevent excess hydrogen sulfide producing bacteria.


Importantly, keep an eye out for visible wear and tear. Crumbly concrete and rust colored streaks are signs of a structural problem that needs addressing immediately.


Human wastes are not the only pollutants that failing septic tanks are releasing to groundwater and surface water. So-called emerging contaminants are found in household wastes, whether they discharge to publicly owned sewage systems or septic tanks. According to For Love of Water (FLOW), 20 different studies on septic systems have identified 45 contaminants in septic effluent, including pharmaceuticals, personal care product ingredients, chemicals in cleaning products, flame retardants, hormones (both natural and synthetic), and other common substances.


Not all everyday items are a problem for septic systems, though. “Septic systems are somewhat effective at removing chemicals such as acetaminophen (commonly known as Tylenol), caffeine and alkylphenols, a common group of ingredients used in cleaning products. But some chemicals remain largely untreated, including the carcinogenic flame retardant TCEP, an anti-epilepsy drug called carbamazepine, and the antibiotic sulfamethoxazole,” FLOW said.


Ted Loudon, a water consultant and professor emeritus in water and soil related research at Michigan State University, said some nutrients from failing septics may spread from one site and contaminate an entire drinking water aquifer under some soil conditions. That happens, he said, when contaminants reach soils that are saturated by the water table, and nutrients enter the water of an aquifer that is naturally moving underground.


"Usually septic systems are built above the water table, but once it gets in the saturated zone, and that water is moving, it's much less predictable," he said. "Nitrate and nitrogen are soluble in water, where some of the other bacteria usually gets filtered out through the soil. It really depends on soil conditions."


A study by a team of Michigan State University water research scientists into the presence of fecal bacteria in 64 rivers in Michigan's lower peninsula, including several in Oakland County, found levels of E.Coli and and B. thetaiotaomicron (a bacteria associated with human feces) were highest in watersheds with the most number of septic systems. The study's results, which were published in a 2015 report in the Proceedings of the National Academy of Sciences, found septic systems to be the primary driver of human fecal bacteria levels in each watershed studied, particularly those with more than 1,621 septic systems.


Joan Rose, an internationally recognized expert in water microbiology who is the Homer Nowlin chair in water research and director of the Water Alliance and led the MSU study, said while septic systems are controlled at the county level, the study looked at the total number of septic systems in an entire watershed, rather than governmental boundaries. Further, she said, the study measured levels of both animal and very specific human markers, or indicators.


"We've been trying to find source markers to say where (bacteria) is coming from, but you never really had good markers until the last decade," she said. "In the past few years, we have been able to prove these markers are very specific, so when you get a positive result, we are very sure. We are 99.9 percent sure it's coming from humans. It comes from human feces."


While rivers and watersheds, or the system of land and tributaries that drain into a river, don't follow municipal or county boundaries, Rose and her colleagues compiled information about septics systems, municipal wastewater treatment facilities, hydrology, and landscapes from each county to provide a view of each watershed. They also sampled rivers at baseflow conditions, or when surface and groundwater conditions were lower, so that rain events wouldn't skew their findings.


The study of watersheds in Oakland County in 2017, including the Rouge, Clinton and Huron River watersheds, had some of the highest bacteria concentrations of E.coli and B. theta bacteria in the state, which ranged from less than .8 to more than 2.9 parts per 100 milliliters. E.coli samples ranged between 2.37 and 2.9 parts per 100 milliliters in the Rouge River Watershed, while the surrounding Clinton and Huron River watersheds had about 1.4 to 2.37 parts per 100 milliliters.


Concentrations of B.theta bacteria, which is linked specifically to human feces, ranged from less than 4.6 to more than 5.6 parts per 100 milliliters throughout the state. Locally, the highest levels, those above 5.6 milliliters, were found in the Huron River Watershed. The Rouge River Watershed and Clinton River Watershed had samples ranging from 5.2 to 5.6 parts per 100 milliliters.


Rose said the study, and future research, may help us better understand the relationship between land use and water quality in Michigan and the country as we work to improve infrastructure, including where we locate, construct and how we maintain on-site wastewater treatment systems.


"We are at the heart of water quality in the Great Lakes," she said. "I think what we are doing here now and what we do with our water strategy in the next five or 10 years will be a nationally recognized center for addressing water quality."


Tom Frazier, legislative liaison with the Michigan Townships Association, said a statewide effort to address failing septic systems is a priority because it may address public health issues and ease the need for townships to construct expensive public sewer systems.


"The issue has been around for a decade or more," he said. "I'm not sure going forward where things are at. It's kind of a priority with our association, and it's a priority with the current and former governor, so it's questionable what the legislature may do with this type of legislation in the near future."


Another challenge that legislators proposing a statewide code may face, an official with EGLE said, is citizens' rights.


"Another concerned voice is just citizens' rights to private property, as far as mandating or requiring some sort of frequency of inspection when this is a system that is owned by a private citizen on private property," they said. "The diversity of stakeholder groups that are impacted by this, and finding some agreement that everyone feels is effective while not overburdensome regulations is a challenge. It's kind of a mix of all of those.


"We are hopeful to see a change. It's something we would like to see in place. The main focus is the pollution factor in lakes and streams, and trying to deter that from occurring."


Despite the challenges in creating a statewide code, it is important to note that 49 other states have discovered a way to do so, including those with varying land and water resources. In Wisconsin, all septic systems are required to be inspected every three years. In Maryland, inspections are required annually. And in Minnesota, inspections are required every three years for traditional systems, and every six months or annually for advanced systems.


Additionally, 65 counties in Minnesota require septic inspections at the time of a sale of a property, said Sara Heger, a leading water research engineer at the University of Minnesota and chair of that state's advisory committee on on-site wastewater treatment systems.


"There are some things that are one-size-fits-all, but some politics get in the way," she said. "Everything to treat under 10,000 gallons a day is permitted through the state." Heger said the state's administrative rules have been set up to allow for some variation from location to location, while maintenance requirements of systems doesn't lend itself to the same type of flexibility. Likewise, there's variations in enforcement and tracking abilities.


"Every county will say you need to maintain your system, but do they have a tracking system and ability to do enforcement? Enforcement is still a challenge in Minnesota," she noted. "There are a couple counties that can write a ticket, but what other options do they have? Having some enforcement tools built into the rules is really helpful.


"Education is also important, but you need to have both the carrot and the stick. Usually septics are very low on the list of what people want to spend money on."


Only 11 out of 83 counties in Michigan have any kind of standards for septic system management, according to the Michigan Environmental Council. EGLE currently reported that 330,000 systems are leaking waste into groundwater due to various failures. That means that EGLE's estimate that 9,000 miles of Michigan streams were contaminated with bacteria such as E. Coli, with regular monitoring from the department is estimated to grow to 37,000 miles – a huge spike.


Annually, the Oakland County Health Division has conducted about 130 inspections that are based on complaints, mostly from residents bothered by the smell of raw sewage. Those inspections typically include water or wells for high levels of bacteria nutrients, or adding a dye to the system to see if water from the system surfaces.


In Oakland County, a new Onsite Sewage Disposal System (Septic) offers – but does not require – the framework for inspection and replacement. “The proper disposal of solid, liquid and sewage wastes is crucial to prevent contamination to the land and the groundwater below. The use of sewers and municipal sewage treatment plants is limited to areas where infrastructure exists. On-site sewage disposal is the only viable alternative in areas not serviced by municipal sewers.”


The Environmental Health Services Unit in Oakland County said they are working to protect land resources by offering the following services: Issuing permits and conducting construction and final inspections for the installation of residential and non residential on-site sewage disposal systems; Reviewing and conducting site evaluations for all of Oakland County's proposed subdivisions and site-condo projects in conjunction with EGLE; Assists in the licensing of septic cleaning trucks by inspecting and make recommendations to EGLE.


Applying for a septic permit is easy, with online permitting available for both new and replacement applications available as well as final inspections for both residential, multiple residential and nonresidential property as well as for repairs. The site also assists with reviews and conducts site evaluations for all proposed subdivisions and site-condos in conjunction with EGLE.


The unit also assists in the licensing of septic cleaning trucks by inspecting and make recommendations to EGLE.


Frazier, the legislative liaison with the Michigan Townships Association, said the association is in support of standards that would reduce the potential of septic system failures.


"When we have septic systems that are potentially failing, they create not only a public health threat, but require townships to build expensive public sewer systems," he said. "It's in our best interest and our members' interests that they are maintained and they aren't failing."


The notion that public sewer systems would eventually keep pace with development is no longer a realistic expectation.


"The goal during urban expansion was to extend sewers to residents as populations were going north and west, but that occurred way faster than the sewers," said a county health official. "The new mantra now is 'sewer is not coming.'"


The new mantra is maintenance.

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