Michigan Office of Administrative Hearings and Rules

MOAHR-Rules@michigan.gov

AGENCY REPORT TO THE

JOINT COMMITEE ON ADMNINISTRATIVE RULES (JCAR)

1. 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

E-mail of person completing this form:

SarverA@michigan.gov

Name of Department Regulatory Affairs Officer reviewing this form:

Dale Shaw

2. Rule Set Information

MOAHR assigned rule set number:

2024-52 EQ

Title of proposed rule set:

Sewerage Systems

3. Purpose for the proposed rules and background:

MCL 24.242 and 24.245

Agency Report to JCAR-Page 2

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 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.

4. Summary of proposed rules:

MCL 24.242 and 24.245

Agency Report to JCAR-Page 3

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.

5. 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

6. Date of publication of rules and notice of public hearing in Michigan Register:

4/1/2025

7. Date, time, and location of public hearing:

MCL 24.242 and 24.245

Agency Report to JCAR-Page 4

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

8. 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

9. 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)

10. 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

11. 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

12. Persons submitting other comments:

Mike Stephens, Guardian Wastewater Services

Sally Duffy, Hubbell, Roth & Clark

Angela Hysinger, Rochester Hills

Kevin Johnson, Macomb Township

MCL 24.242 and 24.245

Agency Report to JCAR-Page 5

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

public comment period:

Name &

Organization public hearing

Comments made at Written

Agency Rationale Rule number

for Rule Change & citation

and Description changed

of Change(s)

Comments

Made

1

1.Mike

The word “public”

should not be in our

definition of “public.”

Revised the

R 299.2903(j)

Stephens,

Guardian

Wastewater

Services

definition. This

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.

2

3

2.Sally Duffy,

Hubbell, Roth

& Clark

Suggested that

we revise the

definition of

retention

treatment basin.

Suggested that

EGLE either

define what a

Revised the

definition.

R 299.2903

(m),

R 299.2911

(5)

3.Sally Duffy,

Hubbell, Roth

& Clark

Revised the

proposed facility (1),

classifications for R 299.2911

R 299.2911

“connection” is, Class C1, C2, C3 (6)(a),

or consider

basing collection with population

system facility

classifications off number of

population, like connections. This R 299.2911

wastewater aligns with what (6)(d), and

treatment plants already exists R 299.2912

under R 299.2911 (2)(a)

and C4 to align

R 299.2911

(6)(b),

served instead of R 299.2911

(6)(c),

are classified

under these same for the

rules.

classification of

wastewater

treatment

facilities.

MCL 24.242 and 24.245

Agency Report to JCAR-Page 6

4

4.Mike

Low pressure sewer

Revised

R 299.2911

Stephens,

Guardian

Wastewater

Services

systems were not

included or

accidentally omitted

from the C4 facility

classification.

R 299.2911(1) and (6) and R

R 299.2911(6) to 299.2911(6)

include low

(d)

pressure systems

as any type of

system, regardless

of population size,

that conveys

wastewater to a

wastewater

treatment plant.

This aligns with

what already

exists under R

299.2911 for the

classification of

wastewater

treatment

facilities.

MCL 24.242 and 24.245

Agency Report to JCAR-Page 7

5

5.Sally Duffy,

Hubbell, Roth

& Clark

Asked for

Revised the Class R 299.2918

C1 and Class C2 (1)(i)(A), R

clarification

regarding our

proposed

education and

experience

299.2918(1)

(i)(C), R

education and

experience

requirements to

better align with (ii)(A), R

299.2918(1)

requirements for what already

Class C1 and C2 exists under R

certifications, as 299.2928(1)(a)

we specifically

state 2-year and 4 (b) and will utilize 299.2918(1)

299.2918(1)

(ii)(C), R

299.2918(1)

and R 299.2928(1) (j)(i), and R

-year degree

requirements,

R 299.2928(2) to (j)(iii)

substitute

which are not as additional years of

explicitly written experience and/or

for the Class A

and Class B

education and

experience

post-high school

course work, in

lieu of formal

education to meet

requirements for these requirements

certification and (with advice from

already exist in

this rule set.

the certification

Board of

Additionally,

Examiners).

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.

6

6.Sally Duffy,

Hubbell, Roth

& Clark

Asked EGLE to Revised this

consider where section to align

the public sewer with the escrow

“starts” in a language for

privately owned, similar utilities

publicly served that currently

R 299.2935

(4)(d)

utility, and how exists under MCL

this consideration 325.1010 of the

could impact the Safe Drinking

proposed escrow Water Act.

requirements.

MCL 24.242 and 24.245

Agency Report to JCAR-Page 8

7

7.Sally Duffy,

Hubbell, Roth

& Clark

Asked for

clarification

regarding “minor include proposed

modifications” as language that

listed in the rules. mirrors what was

previously

Revised R

299.2942(1) to

R 299.2942

(1)

mentioned in the

rule, for clarity.

14.Date report completed:

3/13/2026

MCL 24.242 and 24.245