DEPARTMENTS OF TRANSPORTATION, CONSUMER AND INDUSTRY

SERVICES, AND ENVIRONMENTAL QUALITY

SUBDIVISIONS OF LAND

(By authority conferred on the director of the department of environmental quality by

section 105 of Act No. 288 of the Public Acts of 1967, as amended, being §560.105 and

section 2226 of Act No. 368 of the Public Acts of 1978, as amended, being §333.2226 of

the Michigan Compiled Laws. Each part of these rules is promulgated separately by the

department whose name appears in the designation of that part.)

PART 4. DEPARTMENT OF ENVIRONMENTAL QUALITY ON-SITE WATER

SUPPLY AND SEWAGE DISPOSAL FOR LAND DIVISIONS AND

SUBDIVISIONS

R 560.401 Definitions.

Rule 401. As used in this part:

(a) "Alternative system" means a treatment and disposal system which is not a

conventional system and provides for an equivalent or better degree of protection for public

health and the environment than a conventional system.

(b) "Approval for the suitability of an on-site water supply" means a written statement

confirming that an adequate quantity and quality of water is available from a protected

source in accordance with R 560.404 issued by the department to a property owner or the

owner's designated representative.

(c) "Approval for the suitability of on-site sewage disposal" means a written statement or

on-site sewage disposal permit in accordance with R 560.416 issued by the department to

the property owner or the owner's designated representative.

(d) "Available sanitary sewer facilities" means sanitary sewers determined accessible

upon consideration of the following factors:

(i) The distance from the proposed development site to the nearest existing public services

or planned public services that are to be installed.

(ii) The capacity of the existing public sanitary sewer system.

(iii) The policy of the local governing body on utility extensions.

(iv) The service areas denoted in the community's comprehensive sewer and water plan,

if a plan is available.

(e) "Certified professional geologist" means a professional geologist certified by The

American Institute of Professional Geologists, 7278 Vance Drive, Suite 103, Arvada,

Colorado 80003.

(f) "Certified professional soil scientist" means a professional soil scientist certified by

ARCPACS, 677 South Segoe Road, Madison, Wisconsin 53711.

(g) "Conventional system" means an on-site sewage treatment and disposal system that

contains a watertight septic tank with nonuniform distribution of effluent to subsurface soil

trenches or an absorption bed on sites meeting the criteria contained in R 560.418 to R

560.422.

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(h) "Deep cut excavation" means the excavation of unsuitable soil materials below the

bottom of the final disposal system to depths more than 6 feet below natural grade to expose

acceptable underlying soils.

(i) "Department" means the department of environmental quality, a city health

department, a county health department, or a district health department, whichever has

jurisdiction.

(j) "Development site" means any parcel or lot as defined by section 102 of the land

division act, Act 288 of the Public Acts of 1967, as amended, being §560.102 of the

Michigan Compiled Laws.

(k) "Drains" means man-made excavations, piping, or both, that collect groundwater or

surface water, and includes road ditches, county drains, and footing drains.

(l) "Drop-off" means a man-made cut or natural slope where side slope is in excess of

50% and which contains semi-impermeable layers that may cause percolating water to vent

to the surface.

(m) "Floodplain" means the area of land adjoining a surface water that will be inundated

by a 100-year flood.

(n) "Groundwater" means the water in the ground that is in the zone of saturation.

(o) "High groundwater elevation" means the uppermost part of the soil or underlying

material wholly saturated with water. The term includes perched and apparent conditions

that are seasonally saturated for a time period in excess of two weeks, or permanently

saturated.

(p) "Licensed professional engineer" means a professional civil engineer who is licensed

under article 20 of the occupational code, Act 299 of the Public Acts of 1980, being

§§399.2001 to 339.2014 of the Michigan Compiled Laws.

(q) "Lot" means a measured portion of a parcel or tract of land as defined by section 102

of the land division act, Act 288 of the Public Acts of 1967, being §560.102 of the Michigan

Compiled Laws.

(r) "Peak water demand" means the maximum water use rate in gallons per minute.

(s) "Preliminary plat" means a map as defined by section 102 of the land division act, Act

288 of the Public Acts of 1967, being §560.102 of the Michigan Compiled Laws.

(t) "Primary maximum contaminant level" means the concentration level of a contaminant

above which consumption of the water poses a health risk.

(u) "Professional surveyor" means a professional surveyor licensed under article 20 of the

occupational code, Act 299 of the Public Acts of 1980, being §§339.2001 to 339.2014 of

the Michigan Compiled Laws.

(v) "Public sewer" means a sewerage system as defined in section 4101 of Act No. 451

of the Public Acts of 1994, as amended, being §324.4101 of the Michigan Compiled Laws.

Public sewerage systems are generally those that collect and treat sanitary sewage

generated by 2 or more dwellings or structures not under the same ownership.

(w) "Public water" means a public water supply as defined in section 2(o) of Act No. 399

of the Public Acts of 1976, as amended, being §325.1002(o) of the Michigan Compiled

Laws.

(x) "Registered sanitarian" means a person that is registered under part 184 of Act No.

368 of the Public Acts of 1978, being §333.18401 of the Michigan Compiled Laws.

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(y) "Registered well drilling contractor" means a contractor registered under part 127 of

Act No. 368 of the Public Acts of 1978, being §§333.12701 to 333.12715 of the Michigan

Compiled Laws.

(z) "Sanitary sewage" means water and contaminants discharged from sanitary

conveniences, including bathroom, kitchen, and household laundry fixtures of dwellings,

office buildings, industrial plants, commercial buildings, and institutions. Commercial

laundry wastes and industrial and commercial processes are not considered sanitary

sewage.

(aa) "Secondary maximum contaminant level" means the concentration level of a

constituent above which the constituent adversely affects water quality properties, such as

taste, odor, corrosivity, or scale production.

(bb) "Soil mottling," also known as redoximorphic features, means spots or blotches of

contrasting colors, such as, but not limited to, gray or brown or gray and brown colors in

close proximity, that are formed in the soil matrix by the processes of reduction,

translocation, and oxidation of iron and manganese compounds in soils that have been

periodically saturated.

(cc) "Soil permeability" means the rate at which liquid passes in 1 direction through the

soil material under saturated conditions.

(dd) "Soil structure" means the morphological aggregates in which the individual soil

particles are arranged.

(ee) "Soil textural class" means the United States department of agriculture (USDA)

classification system and refers to the coarseness or fineness of the soil relative to the

proportion of sand, silt, and clay.

(ff) "Subsurface" means below the natural or altered ground surface elevation.

(gg) "Suitable absorption area" means the portion of a lot which has acceptable soils that

remains for construction of a conventional system after identified limiting surface and

subsurface features, applicable setbacks, and isolation distances have been excluded.

(hh) "Suitability" means the presence of site conditions that could warrant the

development of an on-site sewage treatment and disposal system or on-site water supply

system that is in compliance with these rules.

(ii) "Surface water" means any of the following:

(i) The Great Lakes and their connecting waterways.

(ii) Inland lakes.

(iii) Rivers.

(iv) Streams.

(v) Impoundments.

(vi) Perennial open drains.

(vii) Any other watercourses within the jurisdiction of the state as defined in section 3101

of Act No. 451 of the Public Acts of 1994, as amended, being §324.3101 of the Michigan

Compiled Laws.

(jj) "Test well" means a well that is used to obtain information on groundwater quantity,

quality, or aquifer characteristics for the purpose of designing or operating a water supply

well.

History: 1979 AC; 2001 AACS.

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R 560.402 Preliminary plats.

Rule 402. The owner or a designated representative shall submit 3 copies of a preliminary

plat drawing to the department for review. A preliminary plat drawing shall include all of

the following information:

(a) Existing and proposed 5-foot contour intervals. For waterfront property, or where the

high groundwater elevation is within 6 feet of existing or proposed finished ground surface,

the preliminary plat shall show existing and proposed 2-foot contour intervals. The

department may waive the requirements for contours if a lot in the subdivision is more than

1 acre. If extensive cutting or filling of land is anticipated that will affect building sites and

sewage disposal facilities in the areas involved, then the plans shall indicate the cutting or

filling. The owner or designated representative shall specify the type of fill material to be

used when filling is anticipated.

(b) The location of all of the following, either existing or proposed, within or adjacent to

the area to be platted:

(i) Rivers.

(ii) Streams.

(iii) Creeks.

(iv) Lakes.

(v) County drains.

(vi) Other subsurface drains.

(vii) Lagoons.

(viii) Slips.

(ix) Waterways.

(x) Bays.

(xi) Canals.

(xii) Artificial impoundments.

(c) The location of all soil evaluations performed on the site.

(d) Established 100-year floodplain area and elevation and normal high water level in the

case of waterfront property. On lakes where a legal level has been established, the plat

drawing shall show the legal level.

(e) The location of existing facilities and structures, including, but not limited to, all of

the following:

(i) Buildings.

(ii) Sewage systems.

(iii) High-tension towers.

(iv) Utility easements of record or in use.

(v) Excavations.

(vi) Bridges.

(vii) Culverts.

(viii) Injection wells.

(ix) Oil wells.

(x) Gas wells.

(xi) Water wells.

(xii) Underground storage tanks.

(f) Building setback lines from road, waterfront, or lot lines if lines are established or

proposed.

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(g) The department may require the location of proposed individual wells to be shown.

History: 1979 AC; 2001 AACS.

R 560.403 Site reports; contents.

Rule 403. For a subdivision, the owner or designated representative shall submit 3 copies

of a site report to the department. A site report shall include all of the following

information:

(a) The name and location of proposed plat.

(b) The names and addresses of the proprietor of the preliminary plat and the licensed

professional engineer or professional surveyor submitting the site report.

(c) A statement of intended use of the proposed plat, such as single-family, 2-family, and

multiple residential housing; commercial; industrial; recreational; or agricultural.

(d) A statement of the type of water and sewage system to be provided.

(e) A statement of the existing use of adjacent property and intended use of adjacent

undeveloped land, if known, including any adjacent public-owned lands.

(f) The results of all soil profile evaluations performed on the site.

(g) A statement of the site suitability for on-site water supply or on-site sewage disposal

according to R 560.404 and R 560.416.

History: 1979 AC; 2001 AACS.

R 560.404 Approval for suitability of on-site water supply.

Rule 404. Before issuing an approval for the suitability of an on-site water supply for a

development site that is less than 1 acre in size or a subdivision, the department shall have

evidence that a potable, adequate, reliable, and protected on-site water supply has been or

can be developed on the parcel as prescribed in these rules.

History: 1979 AC; 2001 AACS.

R 560.405 Water well or test well on parcel.

Rule 405. The completion of a sufficient number of water wells or test wells on the parcel

and submittal of water well records for the water wells or test wells under section 12707

of Act No. 368 of the Public Acts of 1978, as amended, being §333.12707 of the Michigan

Compiled Laws, and submittal of water sample results or the submittal of other

hydrogeological information to the department constitutes evidence for determining the

suitability of an on-site water supply.

History: 1979 AC; 2001 AACS.

R 560.406 Water well records and water sample results for well not on parcel.

Rule 406. If a water well or test well has not been completed on the parcel, then water

sample results or other hydrogeological information pertaining to existing wells in the

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vicinity of the parcel which demonstrates that the proposed on-site water supply will likely

result in compliance with these rules constitutes evidence of suitability. If well record data,

water sample results, and hydrogeological information are not available, or if the data

indicate that unsuitable groundwater quantity or quality may exist, then the department

shall either reject the development site of less than 1 acre in size or proposed subdivision

under R 560.428 or issue a conditional approval with a recorded deed restriction under R

560.426.

History: 2001 AACS.

R 560.407 On-site water supply construction criteria.

Rule 407. An on-site water supply shall meet the location and construction standards in

R 325.1601 to R 325.1676.

History: 2001 AACS.

R 560.408 Well protection.

Rule 408. The owner shall be responsible for the construction of an on-site water supply

that is free from sources of contamination. The following methods shall be given

consideration:

(a) Penetration of an impervious layer which is of sufficient areal extent, but which is not

less than 10 feet thick.

(b) Maintaining a minimum of 50 feet from the static water level to the bottom of the

casing or top of the screen in an unconfined aquifer.

(c) An increase in the minimum horizontal isolation distance between the well and a

source from which groundwater contamination may occur.

(d) A combination of the methods in subdivisions (a), (b), and (c) of this subrule or another

method that the department determines will provide adequate protection for the on-site

water supply.

History: 2001 AACS.

R 560.409 Prohibited water sources for new dwellings.

Rule 409. The owner or designated representative shall not obtain water for drinking or

household purposes that is intended to furnish new dwellings located on a development

site that is less than 1 acre in size or a subdivision from any of the following:

(a) A dug well.

(b) A crock well.

(c) A hauled water system.

(d) A cistern.

(e) A surface body of water.

(f) A spring.

(g) Any other similar device.

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History: 2001 AACS.

R 560.410 Deviations to decrease minimum casing depth or isolation distances

prohibited.

Rule 410. The department shall not grant deviations to decrease minimum casing depth

or to decrease minimum isolation distances under R 325.1613 for development sites less

than 1 acre in size or subdivisions.

History: 2001 AACS.

R 560.411 Yield or performance testing.

Rule 411. A registered water well drilling contractor under the supervision of the owner

or the owner's designated representative shall perform a yield or performance test to

demonstrate that water can be withdrawn from an on-site water supply well for drinking

and household purposes at a sustained pumping rate which is not less than 10 gallons per

minute (gpm) and which meets or exceeds peak water demand for not less than a 4-hour

period of time. If an on-site water well cannot sustain a capacity that meets the peak water

demand, then the department shall require demonstration of a combination of the known

well yield and storage facilities that can furnish water at a delivery rate sufficient to meet

the peak water demand.

History: 2001 AACS.

R 560.412 Collection and analysis of water samples.

Rule 412. (1) The department or a property owner's designated representative shall collect

water samples for chemical and bacteriological analyses from each test well or on-site

water supply well intended for household purposes.

(2) A state-certified laboratory shall perform all water sample analyses.

(3) The state-certified laboratory shall perform analyses for all of the following

parameters:

(a) Chloride.

(b) Fluoride.

(c) Hardness.

(d) Iron.

(e) Nitrate.

(f) Nitrite.

(g) Sodium.

(h) Sulfate.

(i) Coliform bacteria.

(4) The department may require additional sampling or allow a reduction in sampling for

specific contaminants based on local site conditions or other pertinent factors.

History: 2001 AACS.

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R 560.413 Adoption of standards by reference.

Rule 413. The department adopts by reference in these rules the publication entitled

"Drinking Water Regulations and Health Advisories," EPA-822-B-96-002, October 1996.

The publication may be obtained free of charge from the Office of Ground Water and

Drinking Water, United States environmental protection agency, 401 M street, SW,

Washington, DC 20460-0003. The toll-free telephone number is 800-426-4791. A copy of

this publication is available on the internet at http:\\www.epa.gov\OST\tools\dwstds.html.

Copies of the adopted matter are available for inspection at the offices of the Drinking

Water and Radiological Protection Division, Department of Environmental Quality, 3423

N. Martin L. King Blvd., Lansing, Michigan 48906.

History: 2001 AACS.

R 560.414 Primary maximum contaminant levels.

Rule 414. (1) The department shall reject proposed development sites that are less than 1

acre in size and subdivisions if the water sample analysis detects contaminants in

concentrations that exceed the primary maximum contaminant levels as defined in R

560.401(t).

(2) The department shall reject proposed development sites that are less than 1 acre in size

and subdivisions if the water sample analysis detects a contaminant in a concentration that

is more than 50% of the maximum contaminant level and the department has determined

that the contaminant is likely to exceed the primary maximum contaminant level in the

future after considering the following:

(a) Contaminant transport and modeling.

(b) Land use.

(c) Geology.

(d) Other factors that influence groundwater movement.

(3) If the department requires additional analysis under R 560.412(4), then the department

shall use the drinking water regulations and health advisories adopted in R 560.413 to

determine primary maximum contaminant levels.

History: 2001 AACS.

R 560.415 Secondary maximum contaminant levels.

Rule 415. If water sample analyses from a test well or on-site water supply well for a

development site less than 1 acre in size or a subdivision detects a contaminant in a

concentration that exceeds the secondary maximum contaminant level in Table 1, then the

department shall disclose by means of recorded advisories according to R 560.426, the

nature of the impact on drinking water quality.

Table 1

Secondary Maximum Contaminant Levels

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Contaminant

Chloride

Secondary Maximum Contaminant

Level in Milligrams Per Liter

250

Hardness (as calcium

carbonate)

Iron

250

0.3

250

Sodium

Sulfate

250

Corrosivity

Noncorrosive

History: 2001 AACS.

R 560.416 Approval for suitability of conventional on-site sewage treatment and

disposal.

Rule 416. Before issuing an approval for the suitability of a conventional on-site sewage

treatment and disposal system for a development site less than 1 acre in size or a

subdivision, the department shall have evidence that site conditions meet these rules.

History: 2001 AACS.

R 560.417 Soil absorption area for conventional treatment and disposal systems.

Rule 417. (1) A suitable absorption area for at least 1 original and 1 replacement system

shall exist for each development site less than 1 acre in size or each lot where a

conventional treatment and disposal system is proposed. Location of each absorption area

shall conform to the minimum isolation distances found in Table 2

Table 2

Minimum Horizontal Isolation Distances

From Absorption Area* To:

Minimum Horizontal Isolation

Distance (feet)

Private individual well

Surface waters

Basement foundation walls

Top of drop-off

Property lines

Footing drains installed in water table

without direct connection to surface

Footing drains installed in water table

with direct connection to surface water

Drains designed to lower the water table

50

100

10

20

10

25

50

100

*measured from edge of stone

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(2) The department shall establish the required minimum area available for a

development site less than 1 acre in size or on each lot for initial and replacement systems

in accordance with the regulations of the city, county, or district health department having

jurisdiction under the authority granted by Act No. 368 of the Public Acts of 1978, as

amended, being §325.1101 et seq. of the Michigan Compiled Laws. For lots or

development sites less than 1 acre in size proposed to be served by individual wells and

on-site sewage disposal systems or lots or development sites less than 1/2 acre in size

proposed to be served by a public water supply and on-site sewage disposal systems, the

department may require the submission of a detailed development plan by any of the

following persons demonstrating competence:

(a) A licensed professional engineer.

(b) A professional surveyor.

(c) A registered sanitarian.

A professional approved by the department. The professional person shall draw the

detailed plan to scale with a maximum 2-foot contour interval, shall show the proposed

design for the initial and replacement sewage disposal systems, and shall indicate the

location intended for the home and individual water supply well. The professional person

shall indicate both existing and proposed contours. The professional person shall ensure

that areas defined on the plan for sewage systems and the well are at locations that are

readily accessible for future maintenance or replacement, or both.

History: 2001 AACS.

R 560.418 Slopes.

Rule 418. (1) A development site less than 1 acre in size or a lot shall have sufficient

areas of suitable soils in areas that have slopes conducive to the construction of initial and

replacement on-site sewage disposal systems.

(2) If a development site less than 1 acre in size or a lot has slopes of more than 12%,

then the department may require the submission of a detailed development plan by any of

the following persons demonstrating competence:

(a) A licensed professional engineer.

(b) A professional surveyor.

(c) A registered sanitarian.

(d) A professional approved by the department.

The professional person shall draw the detailed plan to scale with a maximum 2-foot

contour interval, shall show the proposed design for the initial and replacement sewage

disposal systems, and shall indicate the location intended for the home and individual water

supply well. The professional person shall indicate both existing and proposed contours.

The professional person shall ensure that areas defined on the plan for sewage systems and

the well are at locations that are readily accessible for future maintenance or replacement,

or both.

(3) If extensive site modifications are required to provide for areas that have a slope

amenable to construction of the on-site sewage system, then the department may require

necessary site work to be completed before final recording of a subdivision or before

approval for on-site sewage disposal of a development site that is less than 1 acre in size.

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History: 2001 AACS.

R 560.419 Floodplains.

Rule 419. (1) The areas for initial and replacement on-site sewage disposal systems shall

have natural ground surface elevation above the elevation defining the 100-year floodplain,

where a floodplain exists.

(2) The department shall ensure that the soil infiltrative surface of the sewage disposal

system is located at an elevation that is above the elevation defining the 100-year

floodplain.

History: 2001 AACS.

R 560.420 Soil profile evaluations for subdivisions and land divisions.

Rule 420. (1) Any of the following persons demonstrating competence shall provide the

results of soil profile evaluations to the department for the area designated for initial and

reserve on-site sewage disposal systems:

(a) A licensed professional engineer.

(b) A professional surveyor.

(c) A registered sanitarian.

(d) A certified professional geologist.

(e) A certified professional soil scientist.

(f) A professional approved by the department.

Soil profile evaluations shall confirm the existence of suitable soils on each development

site that is less than 1 acre in size or proposed lot.

(2) The person conducting soil profile evaluations shall complete them to a minimum

depth of 6 feet below the natural ground surface or 6 feet below the elevation that will exist

after cutting unless waived by the department. Soil data shall be reported in accord with

the United States department of agriculture (USDA) soil classification system. A soil

profile evaluation shall identify all of the following:

(a) Soil horizon depths.

(b) Soil texture.

(c) Soil structure.

(d) Soil mottling.

(e) Depth-to-high groundwater elevation or bedrock.

(3) The person providing the results of soil profile evaluations shall complete them using

either soil pits or soil borings.

History: 2001 AACS.

R 560.421 Soil suitability for conventional systems.

Rule 421. (1) The department shall ensure that soil texture and permeability conforms to

the types and ranges specified in Table 3.

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Table 3

Suitable Soil Texture and Permeabilities

Soil Texture

Permeability*

(minutes/inch)

1 - 15

Sand, loamy sand

Sandy loam

16 - 30

Sandy clay loam, light loam

Clay loam, silty clay loam, clay

31 - 60

Above 60

Unsuitable

* soil structure shall also be considered when evaluating permeability.

(2) To provide for adequate soil treatment capability, a minimum of 3 feet of unsaturated

soil shall exist between high groundwater elevation or bedrock and the bottom of the

infiltrative surface. Greater vertical separation may be required in accordance with the

regulations of the city, county, or district health department having jurisdiction under the

authority granted by Act No. 368 of the Public Acts of 1978, as amended, being §325.1101

et seq. of the Michigan Compiled Laws. Greater vertical separation may also be required

where groundwater mounding underneath the soil absorption system or other factors would

limit the treatment to protect on-site water supplies or surface waters. For lots or

development sites less than 1 acre, the soil below the infiltrative surface of the absorption

system shall meet the texture and permeability requirements of Table 3.

(3) If the required 3 feet of unsaturated soils cannot be provided naturally, then the

department will consider proposals for fill. Fill is acceptable only if the depth to high

groundwater elevation or bedrock, or both, is a minimum of 2 feet below the natural,

unaltered ground surface. Fill is only acceptable over soils specified in Table 3 as suitable

by texture and permeability.

(4) Fill materials shall consist of medium to coarse sands in accordance with the USDA

classification system without excessive fines. Fill materials may be required to be placed

for both the initial and reserve sewage disposal system areas before final recording of the

plat or approval for on-site sewage disposal of a development site that is less than 1 acre in

size. Any of the following persons demonstrating competence shall provide certification of

fill materials and placement to the department:

(a) A licensed professional engineer.

(b) A professional surveyor.

(c) A registered sanitarian.

(d) A certified professional geologist.

(e) A certified professional soil scientist.

(f) A professional approved by the department.

(5) If filling is required, any of the following persons may be required to submit a detailed

development plan as the basis for approval:

(a) A licensed professional engineer.

(b) A professional surveyor.

(c) A registered sanitarian.

(d) A professional approved by the department.

The person shall draw the detailed plan to scale showing both existing and proposed

contours that have a maximum 2-foot interval and shall indicate the area for the initial and

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replacement sewage disposal system at locations that will be accessible for maintenance or

replacement, or both.

History: 2001 AACS.

R 560.422 Deep cut excavations.

Rule 422. (1) If suitable soils, as specified in Table 3, are not present within the upper 6

feet of the soil profile and alternative methods of sewage treatment and disposal have been

considered under R 560.424, then the department may approve the use of deep cut

excavations to expose acceptable underlying soils that exist within 20 feet of the natural

grade.

(2) Acceptable underlying soils shall consist of a minimum of 4 feet of soils which have

a permeability of greater than 30 minutes per inch and which are not permanently or

seasonally saturated as confirmed by soil profile evaluations.

(3) Deep cut excavations are not allowed if the soils that are cut through are seasonally

or permanently saturated. Exceptions may be considered where drainage of groundwater

from overlying soils would not be expected to adversely impact the function of the sewage

disposal system.

(4) Deep cut excavations are not allowed unless hydrogeologic information confirms that

the underlying soils being exposed have no direct hydraulic connection to a useable aquifer

intended for drinking or household purposes.

(5) For deep cut excavations the department may require alternative methods of sewage

treatment. The department may require such excavations to be completed and filled with

medium to coarse sands in accord with the USDA classification system before final

recording of the plat or approval for on-site sewage disposal of a development site that is

less than 1 acre in size. Any of the following persons demonstrating competence shall

provide certification of fill materials and placement to the department:

(a) A licensed professional engineer.

(b) A professional surveyor.

(c) A registered sanitarian.

(d) A certified professional geologist.

(e) A certified professional soil scientist.

(f) A professional approved by the department.

(6) The owner or owner's designated representative shall complete deep cut excavations

over 100% of the required initial and reserve absorption system area for the upper 6 feet;

however, excavations may be reduced to a minimum of 50% of the required absorption

system area between 6 and 20 feet deep.

History: 2001 AACS.

R 560.423 Proposals to lower high groundwater elevation.

Rule 423. (1) The department may approve the use of a proposal that includes surface

and subsurface drainage systems to control high groundwater elevation conditions for a

development site that is less than 1 acre in size or subdivision.

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(2) Before approval, the owner or his designated representative shall install drainage

systems specified in subrule (1) of this rule and shall monitor high groundwater elevations

during the normally wettest time period of the year and at least from March 1 to June 1.

Any of the following persons shall provide monitoring results to the department:

(a) A licensed professional engineer.

(b) A professional surveyor.

(c) A registered sanitarian.

(d) A certified professional geologist.

(e) A certified professional soil scientist.

(f) A professional approved by the department.

In addition, the designated person shall substantiate that high groundwater elevation has

been lowered to meet the requirement of R 560.421.

(3) The designated person shall monitor high groundwater elevations by placing a

monitoring well at representative locations approved by the department. The designated

person shall make observations on the first day of the monitoring period and at least once

every 7 days thereafter until the monitoring period is complete.

(4) The designated person shall provide representative precipitation data for the time

period of September 1 to May 31 and shall supply the data as part of the observations

required in subrule (3) of this rule. Results of high groundwater elevation monitoring are

inconclusive if recorded precipitation totals are less than 90% of normal averages during

the time period of September 1 to May 31.

(5) For a proposal to lower high groundwater elevation to be approved by the department,

a county drain commissioner or other responsible governmental agency shall have

approved the drain design and a responsible governmental agency shall have accepted

responsibility for perpetual maintenance of the drain.

History: 2001 AACS.

R 560.424 Alternative methods of sewage treatment and disposal.

Rule 424. (1) The department may approve an alternative treatment and subsurface

disposal system for a development site less than 1 acre in size or a lot deemed suitable or

not suitable for a conventional subsurface sewage system.

(2) The department of environmental quality shall provide technical guidance in defining

minimum site suitability and design and long-term operation and maintenance

requirements considered essential for the proper functioning of specific alternative

systems.

(3) The owner may utilize an alternative system if the specific alternative is provided for

under the regulations of the city, county, or district health department having jurisdiction

and if the department of environmental quality has authorized the alternative system's use.

History: 2001 AACS.

R 560.425 Industrial and commercial subdivisions.

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Rule 425. (1) The department may consider approval for the suitability of development

sites less than 1 acre in size or subdivisions intended for industrial or commercial usage if

both of the following conditions are met:

(a) The proposed development is strictly limited to those uses that generate and dispose

of on-site, sanitary sewage only.

(b) Quantities of sanitary sewage intended to be disposed of are limited to low volumes

which have been determined to be compatible with site or lot size and soil conditions.

(2) Where an on-site water supply is proposed, it shall meet the requirements of Act 399

of the Public Acts of 1976 being §§325.1001 to 325.1023 and part 127 of Act 368 of the

Public Acts of 1978 being §§333.12701 to 333.12715 of the Michigan Compiled Laws.

(3) The aquifer shall be protected in accordance with R 560.408 and yield an adequate

quantity of water for the intended usage.

History: 2001 AACS.

R 560.426 Recorded deed restrictions and advisories.

Rule 426. (1) The department may require, as a condition of approval of a development

site that is less than 1 acre in size or a preliminary plat, that the owner records deed

restrictions and advisories. The deed restrictions and advisories may include any of the

following:

(a) Minimum well construction features needed to provide an acceptable on-site water

supply.

(b) Possible need for water treatment.

(c) An advisory to complete an on-site water supply well before beginning site

development.

(d) Other advisory information needed to protect public health or groundwater resources.

(e) Location of the sewage disposal system on the lot in relation to the property lines and

structures.

(f) Type of fill material needed.

(g) Type of sewage disposal system or alternative system and requirements related to

design, construction, operation, and maintenance.

(h) Isolation above high groundwater elevation.

(2) Before construction of a water well, the department shall advise the owner or

designated representative of the existence of any applicable deed restrictions or advisories.

History: 2001 AACS.

R 560.427 Variances.

Rule 427. (1) A development site that is less than 1 acre in size or a subdivision shall

comply with the requirements of these rules; however, the Michigan department of

environmental quality may grant a variance. Such variances will be considered by the

department of environmental quality when all of the following conditions are met:

(a) The requirements contained within the rules cannot be met.

(b) Other acceptable alternatives are not available.

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(c) The requested variance will not create the potential for a health hazard, nuisance

condition, or pollution of surface or groundwater. The requested variance will not violate

laws governing water supply, water pollution, or sewage disposal. The proprietor shall

make a request for the variance in writing to the department of environmental quality.

Variances granted apply only to the specific site under consideration.

History: 2001 AACS.

R 560.428 Plat approval or rejection.

Rule 428. (1) Within 30 days of receipt of the preliminary plat, the department shall issue

a written approval or rejection to the proprietor.

(2) Before issuing a rejection for the suitability of an on-site water supply or a sewage

disposal system, the department shall have information that site conditions are not suitable

for the development of an on-site water supply or a sewage disposal system that complies

with these rules.

(3) The department shall reject a development site less than 1 acre in size or a preliminary

plat if any of the following provisions apply:

(a) There has been a failure to provide for connection to an available public sanitary sewer

required by the municipality for a development site that is less than 1 acre in size or

subdivision.

(b) The site conditions are not suitable for on-site sewage or on-site water systems where

1 or both is proposed.

(c) Information submitted is not sufficient to make a determination as to the suitability of

conditions for on-site water supply or on-site sewage disposal.

(d) The department determines that submitted information is in error with respect to on-

site water supply or sewage disposal in accordance with these rules.

History: 2001 AACS.

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