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Miscellaneous Resolution #12016 February 1, 2012
BY: General Government Committee, Christine Long, Chairperson
IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES/HEALTH DIVISION —
ADOPTION OF ARTICLE XI, SEWAGE DISPOSAL SYSTEM INSTALLER LICENSING, OF
THE OAKLAND COUNTY SANITARY CODE
TO: THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
WHEREAS Oakland County Government places the highest priority on protecting the health and
safety of our residents; and,
WHEREAS the proper disposal of sanitary sewage is fundamental to individual, public and
community health; and,
WHEREAS over a quarter million residents depend on onsite sewage disposal systems for their
daily living needs; and,
WHEREAS the Department of Environmental Quality has recommended the Health Division
approve the installation, construction, alteration and/or repair of any onsite sewage disposal system by
competent individuals; and,
WHEREAS an education, training and lieensure program for onsite sewage disposal system
installers is key to the success of restoring and maintaining the quality of ground and surface waters; and,
WHEREAS the membership of the Oakland County Septic Installer Association have voted and
support the adoption of the proposed Article XI to require licensure of sewage disposal system installers
and proposed fees; and,
WHEREAS the fees proposed for the administration of the proposed Article XI are listed in the
attached schedule.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
approves the adoption of the attached Article XI, Sewage Disposal System Installer Licensing, as a
revision of the Oakland County Sanitary Code.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners approves the
adoption of the attached proposed fees for the administration of Article XI, Sewage Disposal System
Installer Licensing.
Chairperson, on behalf of the General Government Committee, I move the adoption of the
foregoing resolution.
GENERAL GOVERNMENT COMMITTEE
GENERAL GOVERNMENT COMMITTEE
Motion carried unanimously on a roll cat vote.
Oakland County Health Division
Article XI (Septic Installer Licensing) Fee Schedule
Service OCHD Proposed Fee Genesee County Washtenaw County Livingston County
License Fee $100.00 (Annual) $210.00 $104.00 $210.00
(Annual)
Septic Installer $50.00 $52.00
Class (One Time)
Exam Fee N/A $52.00
Exam Re-take N/A $53.00
Fee
OAKLAND COUNTY HEALTH DIVISION
. SANITARY CODE
ARTICLE XI
SEWAGE DISPOSAL SYSTEM INSTALLER LICENSING
INDEX OF CODE
SECTION 1 - DEFINITIONS
SECTION 2 - LICENSE REQUIREMENT
SECTION 3 - LICENSE EXEMPTION
SECTION 4 - SEWAGE DISPOSAL SYSTEM INSTALLER LICENSING
PROGRAM REQUIRED
SECTION 5 - APPLICATION, TRAINING, EXAMINATION AND
ADMISTRATION
SECTION 6 - LICENSE STATUS
SECTION 7- WORKMAN SHP
SECTION 8 - LICENSE FEES
SECTION 9 - FAILURE TO COMPLY WITH REGULATIONS
SECTION 10 - FINES AND PENALTIES
SECTION 11 - INJUNCTIVE PROCEEDINGS
SECTION 12 - INTERFERENCES WITH NOTICES
SECTION 13 - RIGHT TO APPEAL
SECTION 14- SEVERABILITY
SECTION 15 - EFFECTIVE DATES
SECTION 16 - AUTHORITY
OAKLAND COUNTY HEALTH DIVISION
SANITARY CODE
ARTICLE X1
SEWAGE DISPOSAL SYSTEM INSTALLER LICENSING
To provide requirements for the licensure of persons that install, construct, alter, and/or
repair onsite wastewater disposal and/or treatment systems or any combination thereof
Their purpose is to restore and maintain the quality of public waters and to protect the
public health and general welfare of the people of Oakland County, Michigan.
SECTION 1- DEFINITIONS
1.1 Code - The term "Code" shall mean the Oakland County Sanitary Code
1.2 Health Division - The term "Health Division" shall mean the Oakland County
Health Division.
1 .3 Health Officer - The term "Health Officer" shall mean the Manager of the
Oakland County Health Division or his/her authorized representative.
1.4 Installer - The term "installer" shall mean any person that installs, alters
constructs and/or repairs an on-site sewage disposal system.
1.5 Person - The term "Person" shall mean natural persons, individuals, firms,
partnerships, corporations, companies, societies and associations, and every agent,
officer, or employee of any thereof.
1 .6 Residence — The term residence shall mean any dwelling of one or more rooms
arranged for the use of one or more individuals living together as a single
housekeeping unit, with cooking, living, sanitary and sleeping facilities.
1.7 On-site Sewage Disposal System — The term on-site sewage disposal system shall
mean any component of a sanitary sewage treatment and/or disposal system and
installed to collect, treat and/or discharge/disperse wastewater from a dwelling or
building in areas not served by municipal sanitary sewers. Included within the
scope of this definition are septic tank, soil absorption systems, aeration systems,
package treatment plants, lagoons, privies, or any similar contrivance used in the
treatment and/or disposal of sewage as may be approved by the Health Officer.
1.8 Sanitary Code - The term "Sanitary Code" shall mean the Oakland County
Sanitary Code
1.9 Septic Tank Effluent - Sewage, water, or other liquid, partially or completely
treated or in its natural state, flowing out of a septic tank, subsurface wastewater
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infiltration_ system, aerobic treatment . unit, or other treatment system or system
component.
1.10 Sanitary Sewage — The term sanitary sewage shall mean human excreta, as well as
all waste discharges from toilets, urinals, sinks, laundries, shower baths, bathtubs,
dishwashers, garbage grinders, and septic tank overflow or effluent generated
from any dwelling or building.
SECTION 2- LICENSE REQUIREMENT
2 .1 It shall be unlawful to install, construct, alter, and/or repair any on-site sewage
disposal system in Oakland County, Michigan without having first obtained a
license issued by the Oakland County Health Division.
SECTION 3- LICENSE EXEMPTION
3.1 The Health Division shall not prevent a property owner from constructing,
installing, altering, or repairing an onsite sewage disposal system without a
license on property owned by the person, which is intended for use as a single or
two family residence by that person if the person meets the following
requirements:
A. The property owner adheres to all applicable laws, statutes, codes,
guidance, criteria, policy and procedures relating to onsite sewage disposal
systems and groundwater protection in Oakland County.
Any onsite sewage disposal system installed under this subsection must
meet all of the requirements of any permit issued to install an onsite
sewage disposal system issued by the Oakland County Health Division.
C. The property owner must achieve a minimum score of 70% on a written
examination administered by the Health Division. The written
examination is based on the contents of this Code. The property owner can
retake the test as many times as necessary to achieve the minimum score.
SECTION 4— SEWAGE DISPOSAL SYSTEM INSTALLER LICENSING
PROGRAM REQUIRED
4.1 The Oakland County Health Division shall conduct a program for the licensure of
onsite sewage disposal system installers. This program shalt be directed toward
onsite sewage disposal system installers as well as property owners exempt from
the lieensure requirement to demonstrate knowledge of applicable laws, statute,
codes, guidance, criteria, policy and procedures relating to onsite sewage disposal
systems and groundwater protection in Oakland County.
7.2 A licensed installer shall place the valid onsite sewage disposal permit at the site
prior to the commencement of any work performed. The permit and licensed
installer's name and telephone contact information shall be placed in a prominent
location at the site by a method that protects it from adverse weather conditions.
SECTION 8 - LICENSE FEES
8.1 Pursuant to MCL 333.2444, the Oakland County Board of Commissioners may
establish a fee for services authorized or required to be performed by the Health
Division under this Article. The fee charged shall not be more than the
reasonable cost of performing the service or Administration of this Article.
8.2 A fee as established by the Oakland County Board of Commissioners shall
accompany each application for a license.
8.3 A late fee as established by the Oakland County Board of Commissioners shall
accompany an application submitted by a licensed installer after January 1st.
SECTION 9— FAILURE TO COMPLY WITH REGULATIONS
9.1 The Health Officer shall have the authority to deny, suspend, limit, revoke or
refuse to renew a license in any case where he/she finds that there has been a
failure to comply with the provisions of this Article, and any local, state, or
federal rules, regulations or laws. The Health Officer shall have the right to
require additional training and/or the successful completion of a written
reexamination for licensed installers that fail to comply with the requirements of
this Code.
9.2 The Health Officer may revoke the license of an installer under one or more of the
following circumstances:
A. Installing, constructing, altering, and/or repairing any onsite sewage
disposal system or any of its components without appropriate permits from
the Health Division.
B. Failure to maintain current licensure with the Health Division.
C. Failure to request required inspections by the Health Division.
D. Failure to construct an onsite sewage disposal system or any of its
components in accordance with the terms and conditions of an onsite
sewage disposal system permit issued by the Health Division.
E. Negligence in the discharge of his/her duties as outlined in the licensurc
requirements.
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Submittal of false or misleading information to the Health Division.
G. Failure to demonstrate competence in performing work performed under
licensure.
H. Promoting or advertising products and services as being certified or
approved for use by the Health Division.
Negligently or intentionally violating a provision of this code.
9.3 if at any time the Health Officer determines that the installation, construction,
alteration, and/or repair of any onsite sewage disposal systems is occurring or has
occurred . by an unlicensed person, a cease and desist order shall be issued by the Health
Officer.
SECTION 10- FINES AND PENALTIES
10.1 A person who violates this regulation of the Code is guilty of a misdemeanor
punishable by imprisonment for not more than 90 days, or a fine of not more than
$250.00, or both. Each day that the violation continues is considered to be a
separate violation.
SECTION 11— INJUNCTIVE PROCEEDINGS
Notwithstanding the existence or pursuit of any other remedy, the Health Officer
may maintain in a court of competent jurisdiction an action for an injunction or
other process against any person to restrain or prevent violations of the Code.
SECTION 12— INTERFERENCES WITH NOTICES
12.1 No person shall remove, mutilate, or conceal any notice or placard posted by the
Health Officer except by permission of the Health Officer.
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13.1 Appeal of licensing or regulatory actions taken by the Oakland County Health
Division under this Article XT may be made to the Oakland County Sanitary Code
Appeal Board as provided in Article V of the Oakland County Sanitary Code.
SECTION 14— SEVERABILITY
14.1 If any part of the requirements of this Article is found by a court of competent
jurisdiction to be void or unenforceable, all remaining parts of this Article shall
remain fully valid and enforceable.
SECTION 15- EFFECTIVE DATES
11.1
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15. 1 This code shall become effective forty-five (45) days after approval by the Board
of Commissioners of Oakland County.
SECTION 16- AUTHORITY
1978 PA 368, as amended
Michigan Complied Law 333.1101 et seq.
Michigan Complied Law 333.2401 et seq.
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Resolution #12016 February 1, 2012
The Chairperson referred the resolution to the Finance Committee. There were no objections.
FISCAL NOTE (MISC . #12016) February 16, 2012
BY: FINANCE COMMITTEE, TOM MIDDLETON, Chairperson
IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES/HEALTH DIVISION — ADOPTION OF ARTICLE XI,
SEWAGE DISPOSAL SYSTEM INSTALLER LICENSING OF THE OAKLAND COUNTY SANITARY CODE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above-referenced resolution
and finds:
1. To help restore and maintain the quality of ground and surface waters and to protect the public health
and general welfare of the people, the Health Division is requesting the establishment of fees for an
education, training and licensure program of onsite sewage disposal system installers.
2. The Department of Environmental Quality has recommended the Health Division approve the
installation, construction, alteration, and/or repair of any onsite sewage disposal system by
competent individuals.
3. The recommended fees for administration of the Oakland County Health Division Sanitary Code
Article XI Sewage Disposal System Installer Licensing are listed per the attached detail.
4. It is requested that the fee schedule be effective 45 days after the adoption by the Board of
Commissioners.
5. The total anticipated revenues for FY 2012 are $7,500. The total anticipated revenues for FY 2013
and beyond are $5,500.
6. The FY 2012, FY 2013 and FY 2014 Budgets are amended as follows:
GENERAL FUND (10100)
Revenues
1060220-134080-630259 Class Fees
1060220-134080-631106 Licenses
9010101-196030-665882 Planned Use of Balance
Total Revenues
FY2013-
FY2012 FY2014
Budget Budget
$ 2,500 $ 500
$ 5,000 $ 5,000
($ 7,500) ($ 5,500)
$ 0 $ 0
FINANCE COMMITTEE
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote.
Resolution #12016 February 16, 2012
The Chairperson stated that the resolution be held over until the March 22, 2012 Board meeting. There
were no objections.
Resolution #12016 March 22, 2012
Moved by Taub supported by Woodward the resolutions (with fiscal notes attached) on the Consent
Agenda be adopted (with accompanying reports being accepted).
AYES: Crawford, Dwyer, Gershenson, Gosselin, Hatchett, Hoffman, Jackson, Long, Matis,
McGillivray, Middleton, Nash, Nuccio, Potts, Quarles, Runestad, Scott, Taub, Weipert, Woodward,
Zack, Bosnic, Covey. (23)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent
Agenda were adopted (with accompanying reports being accepted).
I HEREBY APPROVE Tlif FOREGOING RESOLUTION
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Bill Bullard Jr., Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true
and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on March 22,
2012, with the original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at
Pontiac, Michigan this 22 nd day of March, 2012.
ELP.,f2_ 0Q4,
Bill Bullard Jr., Oakland County