Superior Environmental Health Code
SUPERIOR ENVIRONMENTAL
HEALTH CODE
SUPERIOR ENVIRONMENTAL HEALTH CODE COMMITTEE
TABLE OF CONTENTS
PAGE
ARTICLE 1.0 AUTHORITY...... 5
ARTICLE 2.0GENERAL DEFINITIONS...... 6
ARTICLE 3.0Licensing AND REGISTRATION...... 7
ARTICLE 4.0Fees...... 8
ARTICLE 5.0Sewage...... 9
Section 5.1Definitions...... 9
Section 5.2Applicability...... 14
Section 5.3Permits...... 15
Section 5.4Public Sewers...... 16
Section 5.5Premises Occupancy/Condemnation...... 16
Section 5.6Site Evaluation Responsibility...... 16
Section 5.7Sewage System Suitability Standards...... 17
Section 5.8Groundwater Control/Diversion...... 21
Section 5.9Existing Sewage Systems...... 21
Section5.10Construction Standards...... 22
Section 5.11Prohibitions...... 23
Section 5.12Septic Tanks...... 24
Section 5.13Privies...... 25
Section 5.14Experimental Systems...... 25
Section 5.15Inspections...... 25
Section5.16Installer Licensing...... 26
Section5.17Revocation of License...... 26
Section 5.18Private Property Owners...... 26
Section 5.19Completion or Correction of Required Work...... 26
Section 5.20Priority Over Building and Occupancy Permits...... 26
Section5.21Sewage Discharge Notice...... 26
Section 5.22Interferences with Notices...... 27
ARTICLE 6.0Water Supplies...... 28
Section6.1Definitions...... 28
Section6.2Applicability...... 29
Section 6.3Permits...... 30
Section6.4Availability of a Public Water Supply...... 31
Section6.5Water Well and Pump Records...... 32
Section6.6Priority Over Building and Occupancy Permits...... 32
Section6.7Stop Work Order...... 33
Section6.8Notification...... 33
Section 6.9Well Inspection and Approval...... 33
Section6.10Rental Properties...... 33
Section6.11Emergency Conditions...... 34
Section6.12Grouting Requirements-Bedrock Wells...... 34
Section6.13Hydraulic Fracturing...... 34
ARTICLE 7.0Enforcement...... 35
Section7.1Criminal Enforcement...... 35
Section 7.2Civil Enforcement...... 35
Section7.3Appearance Tickets...... 36
Section7.4Schedule of Civil Penalties...... 36
Section 7.5Inspections, Investigations, and Warrants...... 36
Section7.6Imminent Danger...... 36
Section 7.7Injunctions...... 37
Section 7.8Obstruction of Health Officer...... 37
ARTICLE 8.0VARIANCES...... 38
ARTICLE 9.0APPEALS...... 39
Section9.1Board of Appeal...... 39
Section 9.2Informal Resolution of Disputes...... 39
Section9.3Formal Hearings...... 39
PREFACE
A code to promote public health, safety and welfare; to prevent and control environmental health hazards; to establish fees; to provide standards and criteria for functions mandated by state law, and to provide penalties.
Superior Environmental Health Code
ARTICLE 1.0AUTHORITY
Section 1.1These Regulations are adopted under the authority conferred upon the department by Section 2441 of Michigan Public Health Code, Act 368, and P.A. of 1978, as amended.
Section 1.2These Regulations shall be entitled the “Superior Environmental Health Code.”
Section 1.3This Code shall be liberally construed for the protection of the health, safety, and welfare of the people of Baraga, Gogebic, Houghton, Keweenaw, and Ontonagon counties of Michigan. This code shall supersede inconsistent or conflicting local ordinances.
Section 1.4The Western Upper Peninsula District Health Department is hereby authorized to develop and adopt a technical guidance manual.
Section 1.5A current technical guidance manual shall be provided to the public upon request.
SECTION 1.6Previous regulations entitled The Sewage and Water Regulations for the Western Upper Peninsula District Health Department are hereby repealed. No violation of any repealed regulation shall be made legal by virtue of adoption of this code. Any act, situation or condition which, when created or first allowed to exist, was previously a violation, shall continue to be a violation under this code. Any action or issuance of a license that was previously mandatory shall continue to be mandatory under this code if a similar requirement is provided in this code.
SECTION 1.7This code shall become effective March 14, 1998.
ARTICLE 2.0GENERAL DEFINITIONS
Section 2.1
Approvedacceptable for intended use as determined by the health officer.
DepartmentAny county or District Health Department in the Upper
Peninsula of Michigan as defined in Michigan’s Public Health Code.
DwellingAny structure or building, or any portion thereof which is used,
intended, or designed to be occupied for human living purposes.
HazardA condition or practice which could reasonably be expected to cause death, disease, or serious physical harm immediately or before the danger can be eliminated through normal enforcement procedures established in this code.
Health OfficerThe individual in charge of a local health department or his or her
authorized representative.
His/HeThe terms “his” and “he” shall be construed as non-gender specific.
LicenseIncludes the whole or part of a department permit, certificate, approval, registration, charter, or similar form of permission required by law.
NuisanceA condition or activity which threatens, or could reasonably be expected to threaten, the health or safety of the public. A threat to the health and safety of the public shall include any condition or activity which is reasonably likely to cause death, disease, illness, or physical harm, or is likely to create an unsanitary or unhealthy condition which may cause disease, illness, or death.
PersonAn individual, partnership, cooperative, association, private corporation, personal representative, receiver, trustee, assignee, or any other legal entity.
PermitA written document issued and signed by the health officer which authorizes a person to install a water supply or sewage system or any part of a system.
ARTICLE 3.0LICENSING AND REGISTRATION
Section 3.1The department shall have authority to promulgate standards for licenses, registrations, renewals, and examinations.
Section 3.2In developing minimum standards for licensing or registration, the department shall consider equivalency and proficiency testing and where appropriate, grant credit for past training, education, or experience in related fields.
Section 3.3An individual shall not make a false representation or impersonation or act as a proxy for another individual to impersonate him or her in connection with an examination or application for licensure or registration or a request to be examined, licensed or registered.
Section 3.4The department shall issue a certificate of licensure or registration to an applicant who has satisfied all of the requirements set forth in this code.
Section 3.5A licensee or registrant shall have available for inspection a certificate issued by the department.
Section 3.6A license or registration is not transferable.
Section 3.7No person shall permit anyone to operate under his license or registration without supervision by the licensee or registrant.
Section 3.8The department may deny, suspend, revoke, or refuse to renew any license or registration for fraud or deceit in obtaining the license or registration or for violating, or aiding or abetting in a violation, of this code.
Section 3.9An applicant or licensee may request an informal hearing in connection with the suspension, revocation, or denial of a license or registration in accordance with Article 9.0.
ARTICLE 4.0FEES
Section 4.1The department may establish and collect fees for the issuance of permits, licenses, registrations, inspections or any other services provided.
ARTICLE 5.0SEWAGE
Section 5.1Definitions:
AbsorptionThe part of a sewage system in which septic tank effluent is distributed by
Systemarrangement of trenches, beds, mounds or seepage pits that allows the effluent to be absorbed and treated by the surrounding soil.
Absorption MoundAn absorption system constructed above natural grade utilizing an absorption bed and sand fill which extends beyond the edges of the absorption bed.
Absorption BedAn absorption system with a minimum of two lateral lines in a distribution system wider than three feet.
Absorption TrenchAn absorption system twelve to thirty six (12-36”) inches in width with one distribution line.
AlterationThe change in the design or location of an existing sewage system or any part of a system.
AlternativeAny on-site sewage treatment system that is not a conventional
Sewage Systemsewage system.
Available SewerA public sewer that is physically and politically available, of acceptable design and capacity, within 200 feet of the proposed origin of sewage.
Building SewerThat part of the system of drainage piping which conveys sewage into a septic tank or other treatment facility.
CesspoolA pit which receives raw sewage, allows separation of solids and liquids, retains the solids, and allows liquids to seep into the surrounding soil through perforations in the lining.
CommercialAny structure or building, or any portion thereof, other than a single or two
Facilityfamily dwelling.
ConventionalAn on-site sewage system containing a septic tank used in conjunction
Sewage Systemwith absorption trenches, and absorption mound, or an absorption bed that utilizes gravity distribution.
Deep CutAn excavation beginning at a depth of six (6’) feet below ground surface and extending to a depth not to exceed twelve (12’) feet below ground surface.
Distribution PipeApproved pipe used in the dispersion of septic tank effluent.
DrainA pipe or manmade conduit used to carry surface water or other liquid material via pressure or gravity.
DwellingAny house, building, structure, tent, watercraft, shelter, trailer, or vehicle, or portion thereof which is occupied in whole or in part as a home residence, or living and sleeping place for one or more human beings.
Earth Pit PrivyA structure used for the disposal of human waste which is discharged directly into the natural soils.
Effective SoilThe depth of soil between the natural grade and the limiting zone suitable Depthfor the installation of an absorption system.
EffluentPartially treated sewage which is discharged from a septic tank or other sewage treatment system device.
Experimental A developed method of on-site sewage treatment that has not been fully Systemproven in field tests.
Failing SystemA sewage system is considered to be failing if any one of the following
conditions exist:
(1) The sewage system fails to accept effluent at the rate of application.
(2) Sewage effluent seeps from, or ponds on or around the sewage system.
(3) The health officer has determined that the sewage system has contaminated the groundwaters or surface waters of the state.
Filter FabricA permeable geotextile fabric made with polymer used to impede or prevent the movement of sand, silt, and clay into aggregate/filter media.
FloodplainA nearly level alluvial plain that borders a river, lake, or stream and is subject to flooding unless protected artificially.
FooterThat portion of the sewage system which interconnects the rear portion of the distribution line laterals.
Footing drainsA conduit installed around foundation footings to transport ground water away from the foundation.
FragipanA loamy subsurface horizon with high bulk density relative to the horizon above, seemingly cemented when dry, and weakly to moderately brittle when moist. Fragipans are mottled and low in organic matter. They impede movement of water and air, and growth of plant roots.
GroundwaterThe saturated zone which exists below the ground surface throughout the
Tableyear.
HabitableBuildingAny structure or part thereof, or other place where human beings reside, are employed, or congregate, or adapted for such purposes.
HardpanA hardened layer in soil caused by cementation of soil particles with either silica, calcium carbonate, magnesium carbonate, or iron and/or organic matter. The hardness does not change appreciably with changes in moisture content. Hardpan impedes movement of water and air, and growth of plant roots.
HeaderThat portion of a sewage system which receives effluent from the septic tank and interconnects the front portion of the distribution line laterals.
Holding TankA watertight receptacle designed to receive and store sewage effluent to be disposed at another location.
Limiting ZoneAny horizon or condition in the soil profile or underlying strata which will interfere in any way with the treatment of sewage effluent before entering the ground water table. Such horizons include hardpans, fragipans, clay layers, compacted soils, bedrock, saprolite, clayey soils and permanent and perched ground water tables.
Natural GradeThe ground elevation as it exists in the natural state.
OccupantA person who occupies, lives, habitually uses, or otherwise is in possession of any property or premises.
Perched WaterThe upper surface of a saturated area resulting from a limiting zone.
Table
PermeabilityThe quality of the soil which enables it to transmit water or air.
PrivyAn enclosed non-portable toilet into which non-water-carried human wastes are disposed.
Public SewerA sanitary sewer or combined sanitary and storm sewer used or intended for use by the public for the collection and transportation of sanitary sewage.
SaproliteWeathered material underlaying the soil which grades from soft, thoroughly decomposed rock to rock which has been weathered sufficiently so that it can be broken in the hands or cut with a knife. It does not include hard bedrock or hard fractured bedrock. It has rock structure instead of soil structure.
Saturated ZoneA three (3) dimensional layer, lens, or other section of the subsurface in which all open spaces including joints, fractures, interstitial voids or pores are filled with ground water. The thickness and extent of a saturated zone may vary seasonally or periodically in response to changes in the rate or amount of groundwater recharge or discharge.
Seasonal HighThe elevation of the groundwater at the upper surface of the zone of satur-
Water Tableation as may occur during the wettest periods of the year, as indicated by mottling or a water surface in an unlined hole, whichever of the two levels is higher.
Seepage PitAn absorption system consisting of a series of non-mortared cement blocks laid end to end or approved precast units which form a cylindrical underground enclosure that receives effluent from a septic tank.
Septage HaulerA person who holds a Septage Waste Servicing License issued by the State of Michigan.
Septic TankA watertight receptacle which receives sewage and is designed to separate solids from liquids, digest organic matter during a period of retention, and to allow the liquids to discharge into a second treatment unit or to a soil absorption system.
SewageHuman wastes from residences, buildings, industrial establishments, or other places, including kitchen, bath, and laundry wastes.
Sewage SystemThe method and devices, including all septic tanks, pipes, pumps, vents, absorption systems and privies used to treat and/or dispose of all sewage.
Sewage SystemA person qualified to engage in sewage system installation, alteration
Installeror repair.
Site EvaluationAn investigation to evaluate the suitability of a tract or parcel of land to support an adequate sewage system.
SlopeThe rate of fall or drop in feet per one hundred feet (100’) of the ground surface. It is expressed as a percent of grade.
Soil TextureThe relative proportions of sand, silt, and clay particles in a mass of soil. The major textural classifications are defined as follows:
SandIndividual grains which can be seen and felt readily. Squeezed in the hand when dry, this soil will fall apart when the pressure is released.
Sandy LoamConsists largely of sand, but has enough silt and clay present to give it a small amount of stability. Individual sand grains can be readily seen and felt. Squeezed in the hand when dry, this soil will readily fall apart when the pressure is released. Squeezed when moist, it forms a cast which will not only hold its shape when the pressure is released, but will withstand careful handling without breaking. The stability of the moist cast differentiates this soil from sand.
LoamConsists of an even mixture of the different sizes of sand, silt and clay. It is easily crumbled when dry and has a slightly gritty, yet fairly smooth feel. It is slightly plastic. Squeezed in the hand when dry, it will form a cast that will withstand careful handling. The cast formed of moist soil can be handled freely without breaking.
Silt LoamConsists of a moderate amount of fine grades of sand, a small amount of clay, and a large quantity of silt particles. Lumps in a dry, undisturbed state appear quite cloddy, but they can be pulverized readily; the soil then feels soft and floury. When wet, silt loam runs together in puddles. Either dry or moist, casts can be handled freely without breaking. When a ball of moist soil is pressed between thumb and finger, it will not press out into a small unbroken ribbon, but will have a broken appearance.
Clay LoamConsists of an even mixture of sand, silt, and clay, which breaks into clods or lumps when dry. When a ball of moist soil is pressed between the thumb and finger, it will form a thin ribbon that will readily break, barely sustaining its own weight. The moist soil is plastic and will form a cast that will withstand considerable handling.
Silty ClayConsists of a moderate amount of clay, a large amount of silt, and a small
Loamamount of sand. It breaks into moderately hard clods or lumps when dry. When moist, a thin ribbon or one-eighth inch (1/8”) wire can be formed between thumb and finger that will sustain its weight and will withstand gentle movement.
Silty ClayConsists of even amounts of silt and clay and very small amounts of sand. It breaks into hard clods or lumps when dry. When moist, a thin ribbon or one-eighth inch (1/8”) or less sized wire can be formed between thumb and finger that will withstand considerable movement and deformation.
ClayConsists of large amounts of clay and moderate to small amounts of sand. It breaks into very hard clods or lumps when dry. When moist, a thin long ribbon or one-sixteenth inch (1/16”) wire can be molded with ease. Fingerprints will show on the soil, and a dull to bright polish is made on the soil by a shovel.
StreamA river, watercourse, creek, gully, ravine, or ditch, natural or human-made, which may or may not be serving as a drain, having definite banks, a bed, and visible evidence of flow, either continuous or intermittent, for a period of greater than two (2) months in any one year.
Surface WaterAny natural or man-made body of water that exists on the ground surface for an extended period of time.
Technical ManualGuidelines, specifications and standard practices used to implement this code.
Test PitAn open pit of defined size and depth, to permit thorough examination of the soil.
Vaulted PrivyA structure used for the disposal of human waste which is discharged into a watertight receptacle.
Section 5.2APPLICABILITY
This code shall apply to single and two-family sewage systems.
Section 5.3PERMITS
5.3.1Application for Permit
1. An application to construct, alter, extend or replace a sewage system shall be provided by the department.
2. An application for a permit to construct, alter, extend or replace a sewage system shall be submitted to the department by the property owner or his authorized representative.
3. The health officer shall not act upon any application unless the application is complete.
5.3.2Construction Permits
1. No person shall construct, alter, extend, or replace a sewage system without first having been issued a construction permit from the department.
2. Any permit issued pursuant to the requirements of this code shall be valid for the term of twenty four (24) months from the date of issuance unless declared void as provided in this code. After the expiration of the construction permit, a thirty (30) day grace period shall exist for an extension request. A construction permit may be extended for a period of twelve (12) months.
3. A permit shall not be transferable from one person to another.