June 7, 2005, Introduced by Senator JOHNSON and referred to the Committee on Local, Urban and State Affairs.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending section 12753 (MCL 333.12753).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 12753. (1) Structures in which sanitary sewage originates
lying within the limits of a city, village, or township shall be
connected to an available public sanitary sewer in the city,
village, or township if required by the city, village, or township.
(2) Structures in which sanitary sewage originates lying
outside the limits of the city, village, or township in which the
available public sanitary sewer lies shall be connected to the
available public sanitary sewer after the approval of both the
city, village, or township in which the structure and the public
sanitary sewer system lies and if required by the city, village, or
township in which the sewage originates.
(3) Except as provided in subsection (4) or (5), the
connection provided for in subsections (1) and (2) shall be
completed promptly but not later than 18 months after the date of
occurrence of the last of the following events or before the city,
village, or township in which the sewage originates requires the
connection:
(a) Publication of a notice by the governmental entity which
operates the public sanitary sewer system of availability of the
public sanitary sewer system in a newspaper of general circulation
in the city, village, or township in which the structure is
located.
(b)
Modification of a structure so as to become a structure
in which sanitary sewage originates.
(4) A city, village, or township may enact ordinances, or a
county
or district board of health , may
adopt regulations to
require completion of the connection within a shorter period of
time for reasons of public health, safety, or welfare.
(5) An owner of a residential structure that is required to be
connected to an available public sanitary sewer under subsection
(1) or (2) after the effective date of the amendatory act that
added this subsection may request an extension of the time
specified under subsection (3) or (4). Upon request, a city,
village, or township shall grant an extension to that owner for as
long as the existing septic tank disposal system is in satisfactory
operating condition and does not constitute a threat to the public
health, safety, or welfare. During the extension, the city,
village, or township shall not levy any connection fee,
availability fee, or special assessment for the completion of the
sewer. An owner of a residential structure may obtain and file the
necessary forms for an extension with the city, village, or
township in which the sewage originates. The department shall adopt
guidelines to assist the local health departments in determining
what septic tank disposal systems are in satisfactory operating
condition.