Michigan Office of Administrative Hearings and Rules

Administrative Rules Division (ARD)

MOAHR-Rules@michigan.gov

AGENCY REPORT TO THE

JOINT COMMITTEE ON ADMINISTRATIVE RULES (JCAR)

AGENCY INFORMATION:

Agency name:

Environment, Great Lakes and Energy

Division/Bureau/Office:

Water Resources Division

Name of person completing this form:

Alyssa Sarver

Phone number of person completing this form:

517-881-1371

Email of person completing this form:

SarverA@michigan.gov

Name of Department Regulatory Affairs Officer reviewing this form:

Dale Shaw

RULE SET INFORMATION:

MOAHR assigned rule set number:

2024-52 EQ

Title of the proposed rule set:

Sewerage Systems

1. Purpose of the proposed rules and background:

The general purpose of these rules is to implement the provisions of Part 41, Sewerage Systems, of the Natural

Resources and Environmental Protection Act, 1994 PA 451, as amended (NREPA).

Currently, wastewater collection systems that discharge to a wastewater treatment facility are operated by individuals

that are not certified with a system-specific certification. The proposed rules will require facility classification and a

certified operator for collection systems. EGLE is addressing longstanding operation and maintenance issues with

collection systems such as breakdowns, blockages, capacity issues, infiltration and inflow, and structural integrity

issues. The additional oversight, operation, and maintenance requirements for the collection systems will provide

more protection for public health and the environment and assist the receiving wastewater treatment plants to better

manage their systems to meet permit requirements.

The proposed retention treatment basin (RTB) facility classification and corresponding operator certification

requirement will improve the quality of operation of RTB facilities by focusing operator knowledge on operational

situations and processes unique to these types of facilities. Most RTB facilities require operator certification at the

Class D level or with industrial wastewater treatment certifications that reflect the waste treatment at those systems.

Neither of those certification processes accurately reflect the nature of an RTB facility. The proposed RTB certification

will allow those operators to become properly certified with relevant information and continuing education

requirements.

Construction permit requirements are being streamlined to better address continuity of service concerns for privately

owned, publicly used sewer or sewerage systems. This is currently addressed with WRD Policy and Procedure No.

WRD-010,

Part 41 – Sewerage Systems Permit Approval, and the process has been somewhat cumbersome for both applicants

and WRD staff who process construction permits. The proposed rules will include requirements for such systems and

streamline the permit process by setting clear expectations in rule for privately owned, publicly used systems so that

they may plan accordingly when submitting applications for Part 41 Wastewater Construction Permits (Part 41

MCL 24.242 and 24.245

Agency Report to JCAR -Page 2

Permit). Additionally, requirements for approval of plan revisions have been updated to be consistent with the statute.

EGLE is proposing to rescind R 299.2972, R 299.2973, and R 299.2974 due to duplicative language that exists in the

Administrative Procedures Act, 1969 PA 306, as amended; the administrative rules pertaining to the Michigan Office

of Administrative Hearings and Rules; and additional rules pertaining to contested cases and declaratory rulings.

2. Summary of the proposed rules:

The Department of Environment, Great Lakes, and Energy (EGLE), will hold a public hearing to receive public

comments on proposed changes to the Sewerage System administrative rule set.

The proposed rule set (2024-52 EQ) will amend the current administrative rules to require facility classification and

operator certification for collection systems and retention treatment basins (RTB). Currently, wastewater collection

systems that discharge to a wastewater treatment facility are operated by individuals that are not certified with a

system-specific certification. EGLE is addressing longstanding operation and maintenance issues with collection

systems such as breakdowns, blockages, capacity issues, infiltration and inflow, and structural integrity issues. The

additional oversight, operation, and maintenance requirements for the collection systems will provide more protection

for public health and the environment and assist the receiving wastewater treatment plants to better manage their

systems to meet permit requirements.

The proposed RTB facility classification and corresponding operator certification requirement will improve the quality

of operation of RTB facilities by focusing operator knowledge on operational situations and processes unique to these

types of facilities. Most RTB facilities require operator certification at the Class D level or with industrial wastewater

treatment certifications that reflect the waste treatment at those systems. Neither of those certification processes

accurately reflect the nature of an RTB facility. The proposed RTB certification will allow those operators to become

properly certified with relevant information and continuing education requirements.

Additionally, construction permit requirements are being streamlined to better address continuity of service concerns

for privately owned, publicly used sewer or sewerage systems. This is currently addressed with Water Resources

Division (WRD) Policy and Procedure No. WRD-010, Part 41 – Sewerage Systems Permit Approval, and the process

has been somewhat cumbersome for both applicants and WRD staff who process construction permits. The proposed

rules will include requirements for such systems and streamline the permit process by setting clear expectations in

rule for privately owned, publicly used systems so that they may plan accordingly when submitting applications for

Part 41 Wastewater Construction Permits (Part 41 Permit). Additionally, requirements for approval of plan revisions

have been updated to be consistent with the Part 41 statute.

EGLE is proposing to rescind R 299.2972, R 299.2973, and R 299.2974 due to duplicative language that exists in the

Administrative Procedures Act, 1969 PA 306, as amended; the administrative rules pertaining to the Michigan Office

of Administrative Hearings and Rules; and additional rules pertaining to contested cases and declaratory rulings.

3. List names of newspapers in which the notice of public hearing was published and publication

dates:

Lansing State Journal, March 25, 2025

Oakland Press, March 25, 2025

Mining Journal, March 25, 2025

4. Date of publication of the proposed rules and notice of public hearing in the Michigan Register:

4/1/2025

5. Date, time, and location of the public hearing:

4/8/2025 11:00 AM at Virtual: https://bit.ly/WRD0408 To join by phone: 636-651-3142 Conference Code:

#374288, In Person: ConCon Conference Room, Constitution Hall, 525 West Allegan Street, Lansing, MI 48933

6. Provide the link the agency used to post the regulatory impact statement and cost-benefit analysis

on its website:

https://ARS.apps.lara.state.mi.us/Transaction/RFRTransaction?TransactionID=1559

MCL 24.242 and 24.245

Agency Report to JCAR -Page 3

7. List of the name and title of agency representative(s) who attended the public hearing:

Phil Argiroff, Michigan Department of Environment, Great Lakes, and Energy (EGLE)

Alyssa Sarver, EGLE

Charlie Hill, EGLE

Matt Staron, EGLE

Tom Braum, EGLE

Thomas Miller, EGLE

Jay Oh, EGLE

Jim Ostrowski, EGLE

Joel Roseberry, EGLE

Aimee Crouch, EGLE

Kaitlyn DeVries, EGLE (virtual)

8. Persons submitting comments of support:

Greg Tatara, Marion Howell Oceola Genoa Sewer & Water Utilities

Jacob Mitchell, Marion Howell Oceola Genoa Sewer & Water Utilities

Brad Johnson, Chocolay Township

9. Persons submitting comments of opposition:

Gail McLeod, City of Allen Park

Justin Danosky, Charter Township of Brownstown

Jesus Palsencia, City of Wyandotte

Ramzi El-Gharib, City of Westland

Brian MacDonald, Northfield Township

James Lancaster, City of Milan

Tim Neighbors, City of Woodhaven

Charles Eudy, City of Farmington

Byron Nolen, City of Inkster

Eric Scanland, Huron Charter Township

Chris Barnett, Charter Township of Orion

Pat McRae, Charter Township of Redford

Patrick Cullen, Wayne County Department of Public Services

Kelly Trombly, Huron Charter Township

10. Persons submitting other comments:

Mike Stephens, Guardian Wastewater Services

Sally Duffy, Hubbell, Roth & Clark

Angela Hysinger, Rochester Hills

Kevin Johnson, Macomb Township

11. Identify any changes made to the proposed rules based on comments received during the public

comment period:

Name &

Comments Made at Written Comments

Agency Rationale for Rule Rule Number &

Organization Public Hearing

Change & Description of

Change(s) Made

Citation

Changed

Mike The word “public”

Revised the definition. This R 299.2903(j)

revision meets our needs to

define “public” as it pertains

to the definitions of sewer

and sewerage systems and

treatment facilities under Part

41 of Public Act 451 of 1994,

as amended.

Stephens,

Guardian

Wastewater

Services

should not be in our

definition of “public.”

MCL 24.242 and 24.245

Agency Report to JCAR -Page 4

Sally

Suggested that we

revise the definition of

retention treatment

basin.

Revised the definition.

R 299.2903(m),

ꢀR

299.2911(5) ꢀ

Duffy, Hubbell,

Roth & Clark

Sally

Suggested that EGLE Revised the proposed facility R 299.2911(1),

ꢀ

Duffy, Hubbell,

Roth & Clark

either define what a

“connection” is, or

consider basing

collection system

facility classifications

off population, like

classifications for Class C1,

C2, C3 and C4 to align with 299.2911(6)(a),

population served instead of ꢀR

number of connections. This 299.2911(6)(b),

aligns with what already ꢀR

exists under R 299.2911 for 299.2911(6)(c),

wastewater treatment the classification of

ꢀR

plants are classified

under these same

rules.

wastewater treatment

facilities.

299.2911(6)(d),

and ꢀR

299.2912(2)(a) ꢀ

Mike Low pressure sewer

Revised ꢀR 299.2911(1) R 299.2911(6)

and R 299.2911(6) to include and R

low pressure systems as any 299.2911(6)(d)

type of system, regardless of

population size, that conveys

wastewater to a wastewater

treatment plant. This aligns

Stephens,

Guardian

Wastewater

Services

systems were not

included or

accidentally omitted

from the C4 facility

classification.

with what already exists

under R 299.2911 for the

classification of wastewater

treatment facilities.

Sally

Asked for clarification Revised the Class C1 and

regarding our proposed Class C2 education and

Duffy, Hubbell,

Roth & Clark

299.2918(1)(i)(A)

education and

experience

experience requirements to , R

better align with what already 299.2918(1)(i)(C)

requirements for Class exists under R

, R

C1 and C2

299.2928(1)(a) and R

299.2918(1)(ii)(A

certifications, as we

299.2928(1)(b) and will utilize ), R

specifically state 2-year R 299.2928(2) to substitute 299.2918(1)(ii)(C

and 4-year degree

requirements, which

are not as explicitly

additional years of

experience and/or post-high 299.2918(1)(j)(i),

school course work, in lieu of and R

), R

written for the Class A formal education to meet

and Class B education these requirements (with

299.2918(1)(j)(iii)

and experience

requirements for

advice from the certification

Board of Examiners).

certification and

already exist in this rule

set. Additionally, Sally

asked us to consider

using R 299.2928(2) in

cases where operators

do not have the proper

education to meet the

proposed

requirements.

Sally

Asked EGLE to

consider where the

public sewer “starts” in similar utilities that currently

a privately owned, exists under MCL 325.1010

publicly served utility, of the Safe Drinking Water

Revised this section to align R 299.2935(4)(d)

with the escrow language for

Duffy, Hubbell,

Roth & Clark

and how this

Act.

consideration could

MCL 24.242 and 24.245