A STEP too far, or leading away?
As Lyon Township begins to implement its septic ordinance, let’s review other Northern Michigan septic ordinances for perspective.
Septic ordinances are not the norm. Only a very few Michigan counties or townships have septic ordinances, especially in Northern Michigan.
All these existing septic ordinances are based on POS (point of sale) and/or TOT (time of title transfer).
In my opinion, the point of a septic ordinance is, that in order to have a property sale or title transfer approved, one must first have a septic/well inspection paid for by the seller.
Among the ordinances from area health departments that include TOT and POS ordinances in all or portions of the counties of Isabella, Newaygo, Leelanau, Grand Traverse, Antrim, Manistee and Kalkaska.
If a community wants a septic ordinance, POS/TOT seems acceptable.
The Lyon Township septic ordinance (implemented without a resident vote) has nothing to do with POS/TOT!
Township-wide: You are expected to self-report the exact condition and history of your septic system (within 90 days for those within the proposed sewer district).
Township-wide: You must have self-reporting submitted to the township within a year, or potentially face fines.
The township will schedule inspections. Residents have no choice but to submit to an inspection, no matter how far they are from any water.
Within the sewer district, you must repair failing septic systems with expensive and maintenance-heavy N-245 tanks.
Torch Lake Township’s ordinance proposal is the only other ordinance that touches on intrusive, but only applies close to the lake, and those persons have three years to only get a septic inspection done!
I see the Lyon Township ordinance’s intent to leverage residents to accept the proposed $115 million sewer.
What say you?
Paul Bertrand
Higgins Lake
Request For Infomation
Lyon Township Board Meeting
1/17/24
We would like a written response to the following 4 requests for our records. Email them to me at bertrandpail@yahoo.com
For the Lyon Township septic ordinance.
- What other Michigan, County or Township septic ordinances did you draw from to ultimately mandate septic inspection timetables of less than a year within Lyon township.
- What other Michigan, County or Township septic ordinances did you draw from to demand N-245 septic tank replacement for homes and vacant lots within a defined area in less than a year, not using the current CMDHD standard codes?
- CMDHD well water testing over the last 20 years has only approximately 140 well tests in the Higgins Lake Watershed to create a data base, much less in Lyon Twp.To my knowledge there has never been a EGLE or CMDHD Lyon Twp specific well water data base. Only 14 CMDHD well tests have exceeded EPA standards for nitrates, all were in Gerrish Twp, no retesting results were available We propose that the Township support gathering our own data base, using EGLE (not private testing) home test kits, this spring and early summer. Randomly spread across the township, the cost will be less than $900 for 50 tests. If secondary tests are needed, they should be observed by a township official.
- My requests for lake water testing that would determine fertilizer presence was tabled late last spring, at my request, pending a septic ordinance.
I would like you to add that back to the work meeting agenda for next month
Eric Carlson, as a board member of GLUA, please pass this on. Per GLUA chair Jim Barnewells request to me at the 1/8/24 GLUA meeting, email responses from the CWSRF and the USDA-RD Directors clarifying that public opinion (as in 50% support petitions) has NO bearing on funding requests being granted, were obtained and forwarded to fellow board member Bill Lamb. He has not answered me nor acknowledged that he passed that information on to the board.
Dear Mr. Bertrand:
Please find attached the response to your letter presented to the Board. In short, to the extent the letter was intended as a FOIA request, it is denied because 1) they are not a request for records and 2) if they were requests, then the requests fail to provide sufficient detail to allow the public body to determine what documents the requesting party wishes to review.
Further, in response to the letter itself, I offer the following:
- Re: Other Ordinances. A septic systems ordinance has been a topic of discussion for several years. Various members of the Board and other officials have been involved in consideration of ways to address failing systems and to ensure to the extent possible that septic systems do not threaten water wells or the waters of Higgins Lake in the township. Other municipalities have confronted similar problems, which have also been discussed. Finally, these discussions also involved our attorneys, who assisted in drafting the ordinance the Board adopted.
Of course, as you know, Gerrish Township is also moving forward with a septic system to address the same issues in their Township.
- Re: N-245. Let’s be very clear about the care the Board members took in considering the septic tank ordinance. Those folks involved in reviewing various provisions in the ordinance worked closely with the Staff of the County’s Health Department. They considered and adopted several suggestions and options discussed with the Health Department Staff. The ordinance is consistent with the Health Department’s regulations and, as you well know, the Health Department Staff attended several meetings and spoke with Township officials on several occasions. The N-245 standard was brought to the Township’s attention by the Health Department as an option to address septic tank outflow that could threaten wells and the Lake. After consideration, the Board included it in the ordinance.
- Re: Well testing. Your letter says that 10% of the 140 well tests conducted by the Health Department reveal nitrate contamination exceeding EPA approved levels. Nitrates, of course, are associated with septic tank effluent. As noted by MDHHS and EGLE, the solution to nitrate problems is new infrastructure, such as a new well or replacing the failed septic.
- Your well testing suggestion will be considered after discussions on whether such tests would be meaningful and if so, how best to implement them. Home test kits have always been available to individual landowners.
- Your request of Mr. Carlson to communicate information is noted.
Doug Schnell
Lyon Township Clerk
7851 W. Higgins Lake Drive
Po Bo 48
Higgins Lake MI 48627
Office Phone: (989)821-9694
Office Fax: (989)821-5118
Unanswered Request as of 1/31/24
Good morning sir. I Hope this finds you and yours as well as can be expected….especially after the Lions loss 😕
