April 2013

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Michigan


According to the Michigan Appeals Court, the state's constitution does not protect townships from being held responsible for failed private septic systems. The Michigan Supreme Court ruled that Worth Township could be held responsible for failed systems that had leaked into Lake Huron. The township argued that is was immune because of a law that prevents local governments from being forced to pay for state projects. Both courts disagreed, ruling that the law on state projects did not apply to the situation, and that the town was required to follow environmental laws.

Maryland


Rules for Maryland's new water pollution offsets law designed to limit the use of septic systems won't be done until the end of 2013; it was supposed to be complete by the end of 2012. The Baltimore Sun reported that environment secretary Robert Summers says details remain to be worked out. Under the law, developers will be required to purchase offsets for large housing subdivisions that use septic systems. The rules are expected to be issued for public comment in October 2013.

California


The California Onsite Wastewater Association has become a partner in implementing the state's new rules for onsite wastewater systems. COWA will be involved in training state and regional staff and developing Local Agency Management Plans and public education workshops, along with its professional training. After years of delay, the new rules were officially adopted in November 2012. Full compliance with the law is required by 2017. www.cowa.org.

Delaware


The state Department of Natural Resources and Environmental Control proposed a plan requiring Sussex County residents living within a quarter mile of water bodies to upgrade their onsite systems. Homeowners would need to purchase nitrogen removal technology, have a service contract for the life of the system, have the system inspected every six months, and submit an annual written report by a qualified maintenance provider.



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