May 4, 2016, Introduced by Senators BOOHER, MARLEAU, MACGREGOR and ZORN and referred to the Committee on Outdoor Recreation and Tourism.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending sections 12501, 12505, 12506, 12506a, 12506b, 12507,
12508, 12509, 12510, 12511, 12512, 12514, 12515, and 12516 (MCL
333.12501, 333.12505, 333.12506, 333.12506a, 333.12506b, 333.12507,
333.12508, 333.12509, 333.12510, 333.12511, 333.12512, 333.12514,
333.12515, and 333.12516), sections 12501, 12505, 12506, 12507,
12508, 12509, 12512, 12514, and 12516 as amended and sections
12506a, 12506b, and 12510 as added by 2004 PA 408, and by adding
sections 12502, 12505a, 12508a, 12508b, 12508c, 12508d, 12508e,
12508f, 12508g, 12508h, 12508i, 12508j, and 12508k; and to repeal
acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 12501. (1) As used in this section and sections 12501
2 12502 to 12516:
1 (a) "Alteration to a sewage system" means the modification of,
2 or addition to, an existing sewage collection, pumping, treatment,
3 or disposal system or a portion of the system that affects the
4 flow, capacity, system service area, or reliability of the system.
5 (b) "Alteration to a water system" means the modification of,
6 or addition to, an existing waterworks system or portion of the
7 system that affects the flow, capacity, system service area,
8 source, treatment, or reliability of the system.
9 (c) (a) "Campground"
means a parcel or tract of land under the
10 control of owned or
leased by a person, in
which sites that has 3
11 or more campsites that are designated for recreational units and
12 offered for the use of by the public or members
of an organization,
13 either free of charge or for a fee. , for the establishment
of
14 temporary living quarters for 5 or more recreational units.
15 Campground does not include a mobile home park or seasonal mobile
16 home park licensed under the mobile home commission act, 1987 PA
17 96, MCL 125.2301 to 125.2349.125.2350.
18 (d) "Camping cabin" means a recreational unit that is a hard-
19 sided tent or shelter, is less than 400 square feet of enclosed
20 area, and is not attached to the ground by a permanent foundation
21 or permanently connected to water, electric, or sewer services.
22 (e) "Campsite" means a parcel or tract of land with a minimum
23 of 1,200 square feet within a campground at which recreational
24 units occupy the parcel for a specified period of time while
25 maintaining a minimum of 4 feet unobstructed pathway around each
26 recreational unit. A campsite includes, but is not limited to, a
27 fixed location for an individual recreational unit or group camping
1 areas for multiple recreational units that are limited to 8 people
2 per site.
3 (f) "Campsite service building" means a lavatory building
4 designed and intended to be used only by individuals occupying a
5 single campsite.
6 (g) (b) "Department"
means the department of environmental
7 quality.
8 (c) "Local health department" means that term as
defined under
9 section 1105.
10 (h) "Fund" means the campground fund created in section
11 12506b.
12 (i) "Group campground site" means an area set aside within a
13 campground that is reserved for use by 1 or more recreational units
14 at which site locations may vary within the group camping area or
15 at which individual campsites are grouped together for the purpose
16 of group camping.
17 (j) (d) "Mobile
home" or "manufactured
home" means a structure
18 that consists of more than 400 square feet of enclosed area, is
19 transportable in 1 or more sections, which is built on a chassis,
20 and is designed to be used as a dwelling with or without
permanent
21 foundation, when connected to the required utilities, and includes
22 the plumbing, heating, air conditioning, and electrical systems
23 contained in the structure.
24 (k) "Modern campsite" means a campsite at which water, flush
25 toilets, and water under pressure are available at a service
26 building or at which water outlets and sewer connections are
27 available.
1 (l) "One-hundred-year flood" means a flood that has a 1%
2 chance of being equaled or exceeded in any given year.
3 (m) "One-hundred-year floodplain" means the land area impacted
4 by a 100-year flood.
5 (n) (e) "Person"
means a person as defined in section 1106 or
6 a governmental an
individual, partnership, corporation,
7 association, governmental entity, or other legal entity.
8 (o) "Primitive campsite" means a campsite at which water under
9 pressure and electricity are not available.
10 (p) (f) "Recreational
unit" means a tent or vehicular-type
11 structure, a unit primarily designed as temporary transient or
12 seasonal living quarters for recreational, camping, or travel use.
13 , which either has its own motive power or is mounted on or drawn
14 by another vehicle which is self-powered. Recreational unit does
15 not include a mobile home or manufactured home used as a temporary
16 or permanent dwelling, residence, or living quarters. Recreational
17 unit includes, but is not limited to, any of the following:
18 (i) A camping cabin.
19 (ii) A
tent. means a collapsible shelter of canvas or other
20 fabric stretched and sustained by poles and used for camping
21 outdoors. Recreational unit includes the following:
22 (iii) (i) A
travel trailer, trailer, or
pop-up camper, which
23 is a vehicular portable structure , is mounted
on wheels, is
24 designed to be towed by a motor vehicle, and is of such a size or
25 weight as not to not
require special highway movement
permits. when
26 drawn by a vehicle, primarily designed and constructed to provide
27 temporary living quarters for recreational, camping, or travel use.
1 (ii) A
camping trailer, which is a vehicular portable
2 structure mounted on wheels and constructed with collapsible
3 partial sidewalls of fabric, plastic, or other pliable material
4 which fold for towing by another vehicle and unfold at the campsite
5 to provide temporary living quarters for recreational, camping, or
6 travel use.
7 (iv) (iii) A
motor home, which is a vehicular structure
8 contains living quarters built on a self-propelled motor vehicle
9 chassis , primarily designed to provide temporary living
quarters
10 for recreational, camping, or travel use.and also includes a motor
11 coach or bus.
12 (v) (iv) A
truck camper, which structure is a portable
13 structure and designed to be loaded onto, or affixed to, the bed
or
14 chassis of a truck. , constructed to provide temporary living
15 quarters for recreational, camping, or travel use. Truck campers
16 are of 2 basic types:
17 (A) A slide-in camper, which is a portable structure designed
18 to be loaded onto and unloaded from the bed of a pickup truck,
19 constructed to provide temporary living quarters for recreational,
20 camping, or travel use.
21 (B) A chassis-mount camper, which is a portable structure
22 designed to be affixed to a truck chassis, and constructed to
23 provide temporary living quarters for recreational, camping, or
24 travel use.
25 (v) A
single sectional mobile home used only to provide
26 temporary living quarters for recreational, camping, or travel use.
27 Recreational unit does not include a mobile home used as a
1 permanent dwelling, residence, or living quarters.
2 (vi) A park model, which is a transportable unit on a single
3 chassis that consists of not more than 400 square feet of enclosed
4 area and is not fixed to the ground by a permanent foundation or
5 permanently connected to water, electric, or sewer services.
6 (vii) A tree house, which is an elevated, hard-sided tent or
7 shelter affixed to a tree.
8 (viii) A watercraft or boat.
9 (ix) A motorized vehicle.
10 (q) "Sanitary facilities" means all of the following:
11 (i) The water supply and all water distribution facilities.
12 (ii) The sewage collection, sewage treatment, and sewage
13 disposal facilities.
14 (iii) Service buildings or sanitary stations.
15 (r) "Sanitary station" means a facility at which recreational
16 units equipped with freshwater storage tanks and sewage holding
17 tanks are serviced.
18 (s) "Season" means spring, summer, fall, or winter.
19 (t) "Seasonal campsite" means a campsite designed and intended
20 to be occupied for an entire season.
21 (u) "Seepage pit" means a nonseptic effluent absorption system
22 designed to receive water and gray water from sinks, laundry, and
23 showers.
24 (v) "Service building" means a structure or portion of a
25 structure that is used to house water closet, lavatory, or shower
26 facilities for multiple campsites.
27 (w) "Site water connection" means a device located at a
1 campsite to which a recreational unit may connect to supply potable
2 water to the unit at the rate of at least 1 gallon per minute for
3 each site water connection that serves a mobile home or park model
4 recreational unit, and at least .5 of a gallon per minute for each
5 site water connection that serves other sites.
6 (x) "Temporary campground" means a campground that offers
7 campsites for not more than 20 days each year.
8 (y) "Temporary campsite" means a campsite offered by a
9 campground as an additional or overflow campsite on a temporary
10 basis for not more than 20 days each year.
11 (z) "Tent" means a collapsible shelter of canvas or other
12 fabric stretched and sustained by poles and used for camping
13 outdoors. Tent includes a yurt, tepee, or lean-to.
14 (aa) "Transient campsite" means a campsite designed and
15 intended to be occupied for less than a season.
16 (2) In addition, article 1 contains general definitions and
17 principles of construction applicable to all articles in this code.
18 Sec. 12502. Beginning on the effective date of the amendatory
19 act that added this section, a person shall not place a mobile home
20 or manufactured home on a campsite. This section does not apply to
21 a campsite on which a mobile home or manufactured home is located
22 on the day before the effective date of the amendatory act that
23 added this section but only as long as that mobile home or
24 manufactured home remains unmoved from that campsite. If a mobile
25 home or manufactured home that is located on a campsite on the day
26 before the effective date of the amendatory act that added this
27 section is moved from that campsite, a person shall not place any
1 other mobile home or manufactured home on that campsite.
2 Sec. 12505. (1) A person shall not begin to construct, alter,
3 or engage in the development of develop a campground that will
4 result in more than $10,000.00 of total project cost without first
5 obtaining a construction permit from the department. Applications A
6 person shall submit an application for a construction permit shall
7 be submitted to the
department on a form prescribed
by the
8 department, along with the fee as prescribed in section 12506a. The
9 application applicant
shall contain include all of the following in
10 an application submitted under this section:
11 (a) A description of the proposed project.
12 (b) The name and address of the applicant.
13 (c) The location of the proposed project.
14 (d) A site plan with 4 sets of plans drawn to scale. The
15 applicant shall submit 3 sets of the plans to the department and 1
16 set to the local health department that has jurisdiction.
17 (e) A description of the proposed method of garbage and refuse
18 storage and disposal.
19 (2) A person that constructs, alters, or develops a campground
20 shall do all of the following:
21 (a) Ensure that the campground is not located where it may be
22 detrimental to the public health, safety, and welfare.
23 (b) Ensure that the campground is not located on top of a
24 completed type II landfill as described in part 115 of the natural
25 resources and environmental protection act, 1994 PA 451, MCL
26 324.11501 to 324.11554.
27 (c) Ensure that the campground is not located on a completed
1 hazardous waste disposal facility as described in part 111 of the
2 natural resources and environmental protection act, 1994 PA 451,
3 MCL 324.11101 to 324.11153.
4 (d) Except as otherwise provided in this subdivision, locate
5 all outlets to the water distribution system above the elevation
6 defining the 100-year floodplain. This subdivision does not apply
7 to water outlets constructed before the effective date of the
8 amendatory act that added this subdivision.
9 (e) Except as otherwise provided in this subdivision, locate
10 the top of the site sewer connections above the elevation defining
11 the 100-year floodplain. This subdivision does not apply to sewer
12 risers constructed before the effective date of the amendatory act
13 that added this subdivision.
14 (3) If the total project cost of the construction, alteration,
15 or development of the campground is more than $20,000.00, the
16 applicant shall have an engineer who is licensed in this state
17 prepare all plans for the campground's sanitary facilities or for
18 additions or alterations to the campground's existing sanitary
19 facilities.
20 Sec. 12505a. (1) A construction permit issued under section
21 12505 is nontransferable unless the department consents in writing
22 to the permit transfer. A construction permit expires 3 years after
23 its date of issuance unless the department grants a 1-year
24 extension.
25 (2) The department shall not include delays in construction
26 incurred by reason of litigation incident to the planning or
27 construction of a campground in calculating the date a permit
1 expires under subsection (1). If a permit extension is granted
2 under subsection (1), the department may require revisions to the
3 plans that would be required for approval under sections 12501 to
4 12516 if the plans were being submitted at the date the extension
5 is granted. The department shall list any conditions or
6 stipulations for license approval on the construction permit.
7 Sec. 12506. (1) A person shall not operate a campground
8 without a campground license issued by the department, its agent
or
9 representative, or a representative of a designated local health
10 department. An A
person shall submit an application for
a
11 campground license shall be submitted to the department, its
agent
12 or representative, or a representative of a designated local health
13 department, along with the license fee as prescribed in section
14 12506a.
15 (2) A person shall not operate a temporary campground without
16 a license issued by the department, its agent or representative, or
17 a representative of a designated local health department. A person
18 shall submit an application for a temporary campground license to
19 the department, its agent or representative, or a representative of
20 a designated local health department, along with the license fee
21 under section 12506a.
22 (3) (2) The person shall include all of the following in
an
23 application shall contain the following:submitted under this
24 section:
25 (a) The name and address of the applicant.
26 (b) The location of the campground.
27 (c) Information regarding physical facilities.
1 (4) (3) The A
campground license shall expire expires on
2 December 31 of each year or every third year if the annual renewal
3 fee is paid or as stipulated on the license, whichever is sooner.
4 Sec. 12506a. (1) The fees related to campground regulation
5 under this part are as follows:
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9 (c) Initial or
annual renewal license fee for a
new or
10 temporary campground as follows:
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20 (2) The department may adjust the amounts prescribed in
21 subsection (1) every 3 years by an amount determined by the state
22 treasurer to reflect the cumulative annual percentage change in the
23 Detroit consumer price index and rounded to the nearest dollar.
24 (a) Construction permit fees for a new campground are as
25 follows:
1 (i) For a campground with fewer than 50 campsites, $225.00.
2 (ii) For a campground with 50 to 100 campsites, $600.00.
3 (iii) For a campground with 101 to 500 campsites, $1,500.00.
4 (iv) For a campground with more than 500 campsites, $2,500.00.
5 (b) Construction permit fees for an addition, alteration, or
6 modification of an existing campground are as follows:
7 (i) For a project with a total cost of less than $10,000.00,
8 no fee under this part other than a fee collected by a local health
9 department under section 12510. Except as provided in section
10 12508f(1), alterations under $10,000.00 shall be reported to the
11 department on the next scheduled application for a campground
12 license report.
13 (ii) For a project with a total cost of $10,000.00 to
14 $25,000.00, $400.00.
15 (iii) For a project with a total cost of more than $25,000.00,
16 $600.00.
17 (c) A campground owner may choose between an annual license or
18 a 3-year license. Annual license fees are as follows:
19 (i) For a campground with 3 to 50 campsites, $75.00.
20 (ii) For a campground with 51 or more campsites, $1.50 per
21 campsite.
22 (d) A 3-year license fee is the appropriate annual license fee
23 listed in subdivision (c) multiplied by 3.
24 (e) Application fees are as follows:
25 (i) Annual license application fee for a campground with 3 to
26 50 campsites, $25.00.
27 (ii) Annual license application fee for a campground with 51
1 or more campsites, $50.00.
2 (iii) Application fee for any 3-year campground license,
3 $0.00.
4 (2) The department shall invoice the annual license renewal
5 fees for campgrounds by November 1. If a person operating a
6 campground does not pay the annual license renewal fee by January
7 31, the person shall pay a $100.00 late fee, and shall pay an
8 additional $50.00 late fee for every month after January 31, for up
9 to 12 months, that the fee is not paid.
10 Sec. 12506b. (1) The campground fund is created in the state
11 treasury. and shall be administered by the The department is the
12 administrator of the fund for auditing purposes. The state
13 treasurer shall credit to the campground fund all fees collected by
14 the department under section 12506a and all money, gifts, and
15 devises received by the fund as otherwise provided by law.
16 (2) The unencumbered balance remaining Money in
the fund at
17 the close of the fiscal year shall remain in the fund and shall not
18 revert lapse to the general fund.
19 (3) The department
shall expend money in from the
campground
20 fund shall be expended only as provided in this section. The
21 department shall use the fund to implement this part and to carry
22 out its powers and duties under sections 12501 to 12516. The
23 department shall not use the money in the campground fund for
24 inspections of any mobile home parks licensed under the mobile home
25 commission act, 1987 PA 96, MCL 125.2301 to 125.2349.125.2350.
26 (4) The department shall annually prepare a report containing
27 an accounting of revenues and expenditures from the campground
1 fund. This report shall include details of the departmental costs
2 and activities of the previous year in administering this
3 campground program. This report shall be provided to the senate and
4 house of representatives appropriations committees, the standing
5 committees of the senate and house of representatives with
6 jurisdiction over issues pertaining to natural resources and the
7 environment, and the senate and house of representatives fiscal
8 agencies.
9 Sec. 12507. Before an application for a campground license
is
10 approved, becomes
effective, the department, its agent or
11 representative, or a representative of a designated local health
12 department shall determine that the campground contains facilities
13 which that meet the requirements prescribed in rules
promulgated
14 under section 12511.
15 Sec. 12508. (1) Upon approval of the application for a
16 campground license, the department, its agent or representative, or
17 a representative of a designated local health department shall
18 issue a campground license, which the
licensee shall be displayed
19 display in a conspicuous place on the campground.
20 (2) If the application is not approved, the department, its
21 agent or representative, or a representative of a designated local
22 health department shall give written notice of its denial to the
23 applicant stating reasons for the denial. The applicant may request
24 reconsideration of the application after correction of the reasons
25 for the denial or may request a hearing before the department, or
26 an authorized representative of the department, on the denial
27 within 10 30 days after receipt of the denial. The department shall
1 hold the hearing shall be
held not later than 20 10
days after
2 receipt of the request.
3 (3) A person aggrieved by the decision of the department or
4 its authorized representative may appeal to the courts as provided
5 by the administrative procedures act of 1969.
6 Sec. 12508a. A licensee shall do all of the following:
7 (a) Identify all campsites and other facilities as shown on
8 the approved site plan.
9 (b) Provide written verification that the construction was
10 completed in accordance with the approved site plan and
11 specifications.
12 (c) Submit an inspection report and approval from the
13 electrical authority or plumbing authority that has jurisdiction
14 before the utility is initially put into service.
15 (d) Verify that the number of campsites in the campground is
16 not more than the number authorized by the license.
17 Sec. 12508b. For a campground that consists of only primitive
18 campsites, except as otherwise provided in this subsection, a
19 licensee shall ensure that a potable water outlet and a privy for
20 each sex or 2 unisex privies are available to serve every 25
21 primitive campsites or fraction of 25 primitive campsites. For a
22 campground that consists of not more than 10 primitive campsites, a
23 licensee shall ensure that a potable water outlet and a unisex
24 privy is available to serve those campsites. For the purposes of
25 this section, a hand pump well is considered a potable water
26 outlet.
27 Sec. 12508c. A licensee may provide for a group campground
1 site by specifically designating group camping areas or by grouping
2 individual campsites together to accommodate groups. If a group
3 campground site is provided, a licensee shall ensure all of the
4 following:
5 (a) If individual campsite water connections or electrical
6 connections are provided, that a recreational unit connects to the
7 nearest water connection or electrical connection.
8 (b) That no more than 1 recreational unit connects to a water
9 connection or electrical connection.
10 (c) That an unobstructed path at least 4 feet wide surrounds
11 each recreational unit.
12 (d) That the number of sanitary facilities for primitive
13 campsites is provided as required in section 12508b or for modern
14 campsites is provided as required in section 12508i, as applicable.
15 Sec. 12508d. If campsites are accessible by motor vehicles, a
16 licensee shall provide a road right-of-way that is not less than 20
17 feet wide. The licensee shall ensure that the road right-of-way is
18 free of obstructions at all times.
19 Sec. 12508e. (1) A licensee shall provide a potable water
20 supply in accordance with the safe drinking water act, 1976 PA 399,
21 MCL 325.1001 to 325.1023.
22 (2) A licensee shall ensure that its campground water supply
23 system meets all of the following requirements, as applicable:
24 (a) Has an above grade room that houses equipment and sample
25 taps.
26 (b) Is buried at a minimum depth of 2 feet or, if the system
27 is designed for winter use, is buried at a minimum depth that is
1 the greater of 3.5 feet or the typical frost line depth.
2 (c) For a campsite on which a mobile home or manufactured home
3 is currently located, maintains a minimum residual pressure of 20
4 pounds per square inch.
5 (d) Is made of materials approved by NSF International for
6 potable water supply.
7 (3) A licensee shall ensure that if campsite water connections
8 are available, the campground provides 1 or more of the following:
9 (a) Campsite sewer connection.
10 (b) An on-site sewage pump-out facility.
11 (c) A sanitary station.
12 (d) An agreement with a licensed septage hauler.
13 (e) A seepage pit.
14 Sec. 12508f. (1) A licensee and any person that prepares a
15 campground site plan shall comply with all applicable laws and
16 rules that regulate the methods and facilities for the collection,
17 treatment, and disposal of sewage and other wastewater. A licensee
18 shall not construct a sewage and wastewater system or make any
19 alterations that reduce or increase the flow capacity or system
20 service access points or that may jeopardize the reliability of the
21 system without prior written approval by the department.
22 (2) A licensee shall ensure that its sewage and wastewater
23 system meets all of the following requirements, as applicable:
24 (a) Is designed to handle the minimum estimated daily liquid
25 flows as follows:
26 (i) For campsites that have water and sewer outlets available
27 to each campsite, 40 gallons per campsite.
1 (ii) For campsites served by service buildings, 40 gallons per
2 campsite.
3 (iii) For primitive campsites operated in conjunction with
4 modern campsites, 30 gallons per campsite.
5 (iv) For campsites with single sectional mobile homes and park
6 model recreational units, 75 gallons per campsite.
7 (b) Provides all of the following, as applicable:
8 (i) A sewer riser trap, located at a campsite. If the service
9 riser trap is designed for winter use, it must be trapped below the
10 frost line.
11 (ii) A sewer riser trap constructed of cast iron or rigid
12 plastic pipe as approved by the plumbing division of the department
13 of licensing and regulatory affairs.
14 (iii) A sewer riser trap that does not extend more than 2
15 inches above the surrounding ground surface.
16 (iv) A sewer riser trap that is capped when not in use.
17 (v) A gravity sanitary sewer that has sufficient capacity to
18 accommodate the maximum hourly flow from the portion of the
19 campground being served and is not less than 4 inches in diameter.
20 If the gravity sanitary sewer is designed for winter use, the
21 gravity sanitary sewer must be buried at a minimum depth that is
22 the greater of 3.5 feet or the typical frost line depth.
23 (vi) A gravity sanitary sewer that is installed with
24 sufficient slope to maintain a velocity of 2 feet per second at
25 design flow.
26 (vii) If the gravity sanitary sewer is less than 10 inches in
27 diameter, cleanouts are located at the upper terminal of each sewer
1 line and at all changes in grade, size, and direction of more than
2 45 degrees.
3 (viii) If the gravity sanitary sewer is 10 inches in diameter
4 or larger, manholes are located at all changes in grade, size, and
5 direction. The department may exempt a campground from this
6 requirement if it provides a written statement from a qualified
7 engineer that manholes are not necessary for proper access and
8 maintenance of the system.
9 (3) A licensee and any person that designs the campground
10 sewage and wastewater system shall specify leakage tests for the
11 proposed construction of sanitary sewers.
12 (4) A licensee shall ensure that a sanitary sewer or
13 individual sewer service line is not laid within 10 feet
14 horizontally of a waterline. If a sanitary sewer line crosses a
15 waterline, a licensee shall ensure a minimum of 12 inches of clear
16 vertical isolation between the sewer line and the waterline. If it
17 is not feasible to have a minimum of 12 inches of vertical
18 isolation, then a sewer line must be encased in concrete or other
19 materials approved by the department for 5 feet on each side of the
20 crossing. A licensee shall ensure that a waterline has no joints
21 within 10 feet of the point of crossing over or under a sewer line.
22 Sec. 12508g. A licensee shall ensure that its campground soil
23 absorption system and the system's design and location provide
24 isolation of not less than 10 feet from campsites and protection
25 from vehicular traffic or other possible damage. A licensee shall
26 ensure that a soil absorption system is not placed in any of the
27 following locations:
1 (a) Beneath a permanent structure.
2 (b) Where the soil is unstable or unsettled.
3 (c) In muck or peat soils.
4 (d) Under a roadway, parking lot, or paved area.
5 (e) Within 100 feet of a lake or stream.
6 (f) In the path of a catchment area of surface runoff.
7 (g) Where a high groundwater table is closer than 2 feet to
8 the ground surface.
9 (h) Within 75 feet of a well.
10 (i) Where surface flooding may occur.
11 (j) Where the percolation rate exceeds 30 minutes for water to
12 fall 1 inch.
13 Sec. 12508h. (1) A licensee and any person that designs the
14 campground site plan shall ensure that septic and dosing tanks and
15 sewage pumping systems are designed in accordance with accepted
16 engineering practice.
17 (2) A licensee that proposes to discharge treated wastewater
18 to the waters of this state shall comply with the natural resources
19 and environmental protection act, 1994 PA 451, MCL 324.101 to
20 324.90106.
21 (3) A licensee shall ensure all of the following:
22 (a) That the interior of a privy, outhouse, or portable privy
23 in use at its campground is designed for self-containment and is
24 made of smooth, easily cleaned, nonabsorbent material.
25 (b) That all vent openings and windows of a privy, outhouse,
26 or portable privy in use at its campground are screened.
27 (c) That it has a service contract with a licensed septage
1 hauler to service all privies, outhouses, or portable privies in
2 use at its campground or that it has the capacity to haul and dump
3 sewage from all privies, outhouses, or portable privies in use at
4 its campground to an on-site facility.
5 (4) For a campground using seepage pits, a licensee shall do
6 all of the following:
7 (a) Obtain a permit or verification from the local health
8 department that soil percolation rates are below 30 minutes for
9 water to fall 1 inch where seepage pits are located.
10 (b) Provide a minimum 50-gallon capacity surrounded by clean
11 gravel.
12 (c) Provide a riser feed hole of 1 inch or less.
13 (d) Only allow clean water or gray water from sinks,
14 laundries, and showers into a seepage pit.
15 (e) Ensure that a seepage pit is not located within 75 feet of
16 a well.
17 (5) For a campground that uses a buried storage tank, vault,
18 or certified holding tank, a licensee shall provide 1 or more of
19 the following:
20 (a) An on-site sewage pump-out facility.
21 (b) An agreement with a licensed septage hauler.
22 (c) Other means of septage removal approved by the department.
23 Sec. 12508i. (1) A licensee shall ensure that a service
24 building is constructed in accordance with applicable state or
25 local building codes.
26 (2) Except as otherwise provided in subsection (4), (5), or
27 (6) and section 12508b, a licensee shall ensure that its campground
1 complies with the following minimum number of fixtures, as
2 applicable:
|
3 |
Sites |
Toilets |
Urinals |
Lavatories |
|
4 |
|
M F |
M |
M F |
|
5 |
1-15 |
1 1 |
1 |
1 1 |
|
6 |
16-30 |
1 2 |
1 |
2 2 |
|
7 |
31-45 |
2 2 |
1 |
3 3 |
|
8 |
46-60 |
2 3 |
2 |
3 3 |
|
9 |
61-100 |
3 4 |
2 |
4 4 |
|
10 |
101-130 |
4 5 |
3 |
5 5 |
|
11 |
131-160 |
5 6 |
3 |
6 6 |
|
12 |
161-190 |
6 7 |
3 |
7 7 |
|
13 |
191-220 |
7 8 |
4 |
8 8 |
|
14 |
221-250 |
8 9 |
4 |
9 9 |
|
15 |
251-280 |
9 10 |
4 |
10 10 |
|
16 |
281-310 |
10 11 |
5 |
11 11 |
|
17 |
311-340 |
11 12 |
5 |
12 12 |
|
18 |
341-370 |
12 13 |
5 |
13 13 |
|
19 |
371-400 |
13 14 |
5 |
14 14 |
|
20 |
401-430 |
14 15 |
6 |
15 15 |
|
21 |
431-460 |
15 16 |
6 |
16 16 |
|
22 |
461-490 |
16 17 |
6 |
17 17 |
|
23 |
491-520 |
17 18 |
7 |
18 18 |
24 (3) For a campground that has more than 520 campsites, a
25 licensee shall provide 1 additional toilet and lavatory for each
26 sex for each additional 30 campsites or fraction of 30 campsites
1 and 1 additional men's urinal for each additional 100 campsites.
2 (4) For a campground with modern campsites, if all campsites
3 are provided with water and sewer services and if occupancy is
4 limited to recreational units connected to the water and sewer
5 systems, the campground is exempt from the fixture schedule in
6 subsection (2). The licensee shall ensure that, at a minimum, 1
7 water flush toilet and 1 lavatory are provided.
8 (5) For a campground with modern campsites, if only a portion
9 of the campsites are provided with water and sewer services, a
10 licensee shall ensure that the fixture schedule specified in
11 subsection (2) is complied with for sites that do not have water
12 and sewer services. The portion of a campground that is currently
13 occupied by mobile homes or manufactured homes that have sewer and
14 water connections is exempt from the fixture schedule specified
15 subsection (2).
16 (6) For a campground that has primitive campsites adjacent to
17 and in conjunction with modern campsites that are subject to
18 subsection (2), a licensee shall provide an additional toilet and
19 lavatory for each sex for every 50 primitive campsites or fraction
20 of 50 primitive campsites.
21 Sec. 12508j. (1) Except as otherwise provided in this section,
22 a licensee shall ensure that its campground contains at least 1
23 sanitary station of approved design. This subsection does not apply
24 to a campground with modern campsites that are provided with
25 connections to the campground's water and sewer system or a
26 campground with primitive campsites that are served solely by hand
27 pump wells.
1 (2) A licensee shall ensure that its campground sanitary
2 station is designed and maintained to prevent contamination from
3 being introduced into the fresh water storage tanks or campground
4 water supply system.
5 (3) Except as otherwise provided in this subsection, a
6 licensee shall provide separate towers for filling fresh water
7 storage tanks and rinsing sewage spills at its sewage dumping
8 facility. A licensee that provides individual water connections for
9 all of the campsites at its campground is exempt from the
10 requirement under this subsection to provide a separate tower for
11 filling fresh water storage tanks.
12 (4) A licensee shall provide all of the following:
13 (a) A vacuum breaker installed at the high point of each
14 tower.
15 (b) An automatic device installed to keep hoses off the
16 ground.
17 (c) A foot-operated hatch installed to cover the sanitary
18 state sewer riser when not in use.
19 (d) Signs placed at a sanitary station to identify its purpose
20 and give instructions for its proper use.
21 Sec. 12508k. (1) A licensee shall ensure that the plumbing in
22 its campground complies with applicable state laws or local
23 ordinances including, but not limited to, the state plumbing act,
24 2002 PA 733, MCL 338.3511 to 338.3569.
25 (2) A licensee shall ensure that the disposal of garbage and
26 refuse is in accordance with state law and local ordinances. A
27 licensee shall provide a sufficient number of containers for the
1 storage of garbage and other refuse. A licensee shall ensure that
2 garbage and refuse are collected and disposed of as often as
3 necessary to prevent overflow, nuisance, or odor, but in no event
4 less than once each week. A licensee shall ensure that garbage and
5 refuse containers are maintained in a clean and sanitary condition.
6 (3) A licensee shall ensure that an electrical installation in
7 its campground complies with national electrical codes. A licensee
8 shall ensure that not more than 1 recreational unit is served by 1
9 electrical outlet.
10 (4) A licensee shall ensure that a swimming pool in its
11 campground complies with sections 12521 to 12546.
12 (5) Upon the written request of a licensee, the department may
13 grant a written variance if the department determines all of the
14 following:
15 (a) That strict compliance with the law would cause unusual
16 and practical difficulties and hardships.
17 (b) That the variance would not affect the health, safety, or
18 welfare of the public or of campground guests.
19 (c) That the spirit and intent of the law can be maintained if
20 the variance is granted.
21 Sec. 12509. A Except
as otherwise provided in this section, a
22 campground license shall is not be transferred transferable to
23 another person. except where the If a transferee
complies with all
24 the requirements to be licensed under sections 12501 to 12516 and
25 upon submission of submits
an application and the license transfer
26 fee as prescribed in sections 12506 and 12506a, the department
27 shall transfer the license to the transferee.
1 Sec. 12510. (1) If a representative of the designated local
2 health department performs annual inspections of campgrounds that
3 are applying for a new license, renewal license, or temporary
4 license and have submitted the applicable license fee to the
5 department, the department shall approve payments of $25.00 per
6 campground to that local health department.
7 (2) The state treasurer shall make the payments upon receipt
8 of approval from the department.
9 (3) A Subject
to this section, a designated local
health
10 department may collect additional fees as provided under section
11 2444 from the owner of a campground for services provided under
12 sections 12501 to 12516. If the designated local health department
13 collects fees under this section, the fees must not be less than
14 $75.00 and not more than $1.00 per campsite up to a maximum of
15 $500.00.
16 Sec. 12511. The department, with the advice, assistance, and
17 approval of the advisory board, shall promulgate rules regarding
18 sanitation and safety standards for campgrounds and public health.
19 The rules shall recognize and provide controls for different types
20 of campgrounds.The
department shall promulgate rules for temporary
21 campgrounds that do both of the following:
22 (a) Provide sanitation and safety standards.
23 (b) Recognize and provide controls for different types of
24 temporary campgrounds.
25 Sec. 12512. (1) The department, its agent or representative,
26 or a representative of a designated local health department shall
27 give written notice to a licensee who fails to comply with sections
1 12501 to 12516 or a rule promulgated under to implement those
2 sections. The notice shall must specify the particular
violations
3 and a date by which the licensee shall must comply.
The department,
4 its agent or representative, or a representative of a designated
5 local health department shall establish the time given for
6 compliance shall depend upon under this subsection based on the
7 nature of the violation.
8 (2) If the licensee does not comply within the time specified
9 for compliance under subsection (1), the department, its agent or
10 representative, or a representative of a designated local health
11 department may, in accordance with the administrative procedures
12 act of 1969, revoke the license. If the licensee files a request
13 for a hearing within 60 calendar days after the licensee receives
14 notice of revocation, the department shall hold a hearing.
15 (3) A The
department, its agent or representative, or a
16 representative of a designated local health department shall not
17 reissue a license revoked
under subsection (2) shall not be
18 reissued by the department, its agent or representative, or a
19 representative of a designated local health department until it has
20 been determined determines
that the violations have been
corrected.
21 (4) A licensee aggrieved by a decision of the department, its
22 agent or representative, or a representative of a designated local
23 health department to revoke the license may appeal to a court of
24 competent jurisdiction as provided by the administrative procedures
25 act of 1969.
26 Sec. 12514. (1) An A
licensee shall post in the campground a
27 notice indicating how the manager on duty can be contacted. A
1 licensee shall have a manager or person in charge on site when the
2 campground is occupied.
3 (2) A licensee shall either post in the campground the
4 telephone numbers for police, fire, and medical assistance or
5 provide guests with that information at check-in.
6 (3) A licensee shall give the department, its agent or
7 representative, of the department or a representative of a
8 designated local health department shall have access during
all
9 reasonable hours to a
campground for the purpose of inspection or
10 otherwise carrying out sections 12501 to 12516 during all normal
11 business hours, Monday through Friday.
12 Sec. 12515. (1) Sections 12501 to 12516 do not apply to a
13 campground used solely as a children's camp licensed by the
14 department of social human
services or to properties owned by a
15 person licensed pursuant to under part 124, and used for
housing
16 seasonal agricultural workers employed by that person. A campground
17 licensed under sections 12501 to 12516 shall must not
be used for
18 the housing of seasonal agricultural workers unless also licensed
19 under part 124.
20 (2) Sections 12501 to 12516 shall do not
be construed to
21 interfere in any way with the enforcement of sanitary controls
by a
22 health officer having that
has jurisdiction in the area.
23 (3) Sections 12501 to 12516 do not relieve a person from
24 complying with local ordinances governing building permits or with
25 a code, regulation, or ordinance not in conflict with sections
26 12501 to 12516.
27 Sec. 12516. (1) A person who that violates
sections 12501 to
1 12515 for more than 10 days after notification by the department
2 and does not respond or make a reasonable effort to correct the
3 violations is guilty of a misdemeanor.
4 (2) Notwithstanding the existence of any other remedy, the
5 department, its agent or representative, or a representative of a
6 designated local health department may maintain an action in the
7 name of the this state for an injunction against a person to
8 restrain or prevent the construction, enlargement, or alteration of
9 a campground without a permit, or the operation or conduct of a
10 campground without a license.
11 Enacting section 1. Section 12513 of the public health code,
12 1978 PA 368, MCL 333.12513, is repealed.
13 Enacting section 2. This amendatory act takes effect 90 days
14 after the date it is enacted into law.