HomeMy WebLinkAboutResolutions - 1994.12.08 - 24056MISCELLANEOUS RESOLUTION #94365 December a, 1994
BY: General Government Committee, Donald W. Jensen, Chairperson
IN RE: DEPARTMENT OF HUMAN SERVICES/HEALTH DIVISION - GROUNDWATER
PROTECTION REGULATION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS groundwater is a valuable resource of Oakland County
and is the sole source of drinking water for many residents; and
WHEREAS the geologic makeup of Oakland County is unique to
most areas of this state; and
WHEREAS the need to protect this valuable resource for this
and future generations has been demonstrated; and
WHEREAS the Oakland County Board of Commissioners and the
Oakland County Executive's Office have cooperatively studied and
researched the need for adequately protecting this valuable
resource; and
WHEREAS the recommendation of that task force was for the
Health Division to develop regulations to protect the groundwater
while allowing for growth and development vital to our continued
well-being; and
WHEREAS this committee found that density control, utilization
of alternative and emergent technologies, land use restrictions,
and permitting procedures are all valid and useful methods to be
incorporated in a comprehensive protection policy; and
WHEREAS a Public Hearing has been held to provide public
comment on the Health Division's proposed Article II (Groundwater
Protection).
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners adopts the attached Article II as part of the Oakland
County Sanitary Code.
BE IT FURTHER RESOLVED that the Oakland County Department of
Human Services/Health Division move swiftly and expediently to
implement this much-needed regulation.
Chairperson, on behalf of the General Government Committee, :
move the adoption of the foregoing resolution.
GENERAL GOVERNMENT COMMITTEE LAL1-4
11123/94 REVISION
OAKLAND COUNTY HEALTH DIVISION
SANITARY CODE
ARTICLE II
GROUNDWATER PROTECTION
INDEX OF CODE
SECTION 1 - DEFINITIONS
SECTION 2 - RESIDENTIAL BUILDING SITES
SECTION 3- COMMERCIAL DEVELOPMENT
SECTION 4 - ALTERNATIVE DEVICES AND SPECIAL
CONSTRUCTION METHODS
SECTION 5 - APPEALS
SECTION 6 - EFFECTIVE DATES
.SANITARY CODE OF THE OAKLAND COUNTY HEALTH DIVISION
ARTIaE ii
Oakland County's unique subsurface geology, sustained growth and
development (commercial, industrial, and residential), and lack of
municipal sewer systems in developing areas make it necessary for
Oakland County to develop regulations protecting its groundwater
while allowing for growth and development vital to its continued
well-being. A review of professional and scientific literature
relating to groundwater contamination from on-site wastewater units
as well as a review of county population demographics and building
and water use trends in the housing industry indicate that control
of the application of wastewater effluent is the single most
effective method of controlling groundwater contamination from
on-site wastewater units. As a result of this review, it has been
determined that density control, utilization of alternative and
emergent technologies, land use restrictions and permitting
procedures (i.e., a well permit system) are all valid and useful
methods to be incorporated into a comprehensive groundwater
protection policy. Consequently, this Article is enacted to protect
the public health and safety of the residents and future residents
of Oakland County who rely on on-site water supplies and on-site
wastewater disposal.
SECTION 1 - DEFINITIONS
1.1 Residential Building Site - A parcel or division of land intended for
construction of a single- or two-family residential unit relying upon
on-site sewage disposal.
1.2 Commercial Development - A parcel or division of land intended for
construction of a multiple family residential unit (i.e., more than two
families) or business relying upon on-site disposal of sanitary waste
only.
1.3 Industrial Site - A facility which produces liquid waste from industrial
and commercial processes as distinct from sanitary sewage and generally
requires a separate discharge permit from the Michigan Department of
Natural Resources.
1.4 Sanitary Sewage - Water and contaminants discharged from the sanitary
conveniences (e.g., bathroom, kitchen fixtures, and household laundry) of
dwellings, office buildings, industrial plants, commercial buildings, and
institutions.
1.5 Package Treatment Unit - A device designed and constructed to receive the
discharge of sewage and to diminish waste material through the
application of acceptable technology which creates an effluent acceptable
for discharge to surface water or the groundwaters of the state of
Michigan.
1.6 Municipal Sanitary Sewer - All or part of sewerage systems including
sewage treatment works, owned and operated by a governmental agency,
where the sewage treatment works is under the supervision of a properly
certified operator as authorized by Act 98, P.A. 1913, as amended, being
Sections 325.201 to 325.214 of the Michigan Compiled Laws.
Art. II-1 11123/94 REVISION
SECTION 2- RESIDENTIAL BUILDING SITES.
2.1 Building Sites Defined - Any site "which is not provided with municipal
sanitary sewers will be subject to the provisions of this Article. It
shall be unlawful for any person to develop a site established after the
effective date of this Article which does not comply with this Article.
2.2 Minimum Residential Building Site - A single- or two-family residential
TOIWITTHirmust contain a minimum of one (1) acre of area for each
three-bedroom residence. Minimum site size way be reduced when dedicated
open spaces are provided as part of this total project (e.g., cluster
homes). For purposes of this section, open spaces include areas set
aside for roadways. Sites for structures in excess of three (3) bedrooms
must contain an additional area at the rate of one-quarter (1/4) acre per
bedroom.
2.3 Land Division - Any division of existing parcels of land after the
effective date of this Code will not be approved for on-site sewage
disposal systems unless they meet the minimum requirements of this
Article. Land splits which are provided with municipal sanitary sewers
do not fall under the provisions of this Code and will be allowed
provided they meet local ordinances.
SECTION 3 - COMMERCIAL DEVELOPMENT
3.1 Conventional Septic Tank Techn lo - For commercial developments relying
solely on septic tank and subsurface disposal systems and where sewage
concentrations of total nitrogen in the sanitary sewage do not exceed 40
milligrams per liter, the maximum application rate shall not exceed 350
gallons per acre per day. Improvements in the quality of effluent will
result in allowing additional loading of the wastewater in proportion to
the reduced total nitrogen. Industrial chemicals must be specifically
excluded from the waste stream entering the conventional septic tank and
tile field on-site disposal units.
3.2 Designed or Packaged Treatment F; ' *-- •
Systems - COMbrCia units inc aing mu tip e °using whic provide
mechanical treatment that would reduce the total nitrogen level of the
effluent to 5 milligrams per liter or less may dispose of up to 1,200
gallons per acre per day in a subsurface disposal system. This type of
system would also require the approval of the Michigan Department of
Natural Resources for the discharge into the groundwaters or surface
waters of the state.
3.3 Industrial Sites - On-site sewage treatment facilities for industrial
sites will only be approved where the unit for treatment has demonstrated
that the removal of components within the waste system can be lowered to
tolerable groundwater discharge under permit of the Michigan Department
of Natural Resources. Units with capability of lowering total nitrogen
levels to an effluent standard of less then 5 milligrams per liter will
be allowed at an application rate of 1,200 gallons per acre per day.
Units for which the total nitrogen level is greater than 5 milligrams per
liter will require an application rate of 350 gallons per acre per day.
SECTION 4 - ALTERNATIVE DEVICES AND SPECIAL CONSTRUCTION METHODS
4.1 Acceptance of Alternative T- hn• •• - The Health Officer or, when
designated;IEre-Administrator o Environmental Health Services may accept
the application of proven alternative technology of devices, materials,
Art. 11-2 11/23/94 REVISION
4.1 (Continued)
or special construction or installation techniques acceptable to the
Health Division which provide reduction in the contamination loading of
the waste stream. This technology acceptance must be approved in writing
by the Health Officer or, when designated, the Administrator of
Environmental Health Services and be consistent with the provisions of
both this Article and Article III which governs the construction and
installation standards for on-site sewage disposal systems.
4.2 Waiver Modification - The provisions of Sections 2 or 3 relating to lot
size and/or application rates may be modified due to unique or special
circumstances including the use of proven alternative technology as set
forth in Section 4.1 above so long as such waiver or modification does
not diminish public health or safety.
4.3 Additional Monitoring - When in the opinion of the Health Officer or
when designated, the Administrator of Environmental Health Services
additional monitoring is required for an alternative method of sewage
disposal, the right of entry for the purposes of testing, monitoring, or
evaluating the system must be established for the property on which it is
installed through legal binding methods for a period of time at least
equivalent to a conventional sewerage disposal system.
4.4 Testing of System - When it becomes necessary to test sewerage systems to
determine their effectiveness as part of the overall evaluation, the
Health Division may establish reasonable charges not to exceed the actual
cost incurred for the evaluation of the sewerage system. The Health
Division may also direct the proprietor to have specific tests conducted
at a recognized laboratory. The cost of such test(s) will be incurred by
the proprietor of the system.
SECTION 5 - APPEALS
5.1 Right of Appeal - Unless otherwise regulated, a person who has failed to
demonstrate adequacy for an on-site sewage disposal system under this
Article shall have the right of appeal by petition in writing to the
Oakland County Health Division and such appeals shall be heard before the
Sanitary Code Appeal Board. The petition must be accompanied with a fee
and must be submitted within 30 days from the receipt of written notice
of the rejection by the Oakland County Health Division.
5.2 Right of Appeal for Other Regulat
or land regulated under another
agency must appeal the Health
proposed usage to the state or
regulatory responsibility.
SECTION 6 - EFFECTIVE DATES
This Article shall take effect on
Board of Commissioners on
d Facilities - Persons having projects
state or federal law, regulation, or
Division's decision to disallow the
federal agency having superintending
. Adopted by the Oakland County
AUTHORITY: Michigan Compiled Law 333.2441
Michigan Compiled Law 333.2433
Michigan Compiled Law 333.2435
Michigan Compiled Law 559.171a(1)
Michigan Compiled Law 559.171a(3)
Michigan Compiled Law 560.105(a)
1979 Administrative Code R 560.403
1979 Administrative Code R 560.404
Art. 11-3 11/23/94 REVISION
Resolution 494365 December 8, 1994
Moved by Jensen supported by Taub the resolution be adopted.
Discussion followed.
Moved by Garfield supported by Dingeldey the resolution be referred to the
Planning and Building Committee,
AYES: Dingeldey, Douglas, Garfield, Kramer, Pernick. (5)
NAYS: Powers, Schmid, Taub, Crake, Gosling, Huntoon, Jensen, Johnson,
Kaczmar, Kingzett, McCulloch, Moffitt, Newby, Oaks, Obrecht, Palmer. (16)
A sufficient not having voted therefor, the motion failed.
Moved by Palmer supported by Dingeldey the resolution be amended by adding
two BE IT FURTHER RESOLVED paragraphs:
BE IT FURTHER RESOLVED that the administrative rules for
implementation of this regulation be approved by the Board of Commissioners
after review by the Health and Human Services Committee, pursuant to MCL
560.105(b) and MCL 333.2441(1).
BE IT FURTHER RESOLVED that notwithstanding the provisions of the
revisions to Article II of the Oakland County Sanitary Code, no local
zoning ordinance provisions as of the effective date of this policy shall
not be superseded.
AYES: Taub, Dingeldey, Garfield, Kramer, McCulloch, Moffitt, Palmer. (7)
NAYS: Schmid, Crake, Douglas, Gosling, Huntoon, Jensen, Johnson, Kaczmar,
Kingzett, Law, Newby, Oaks, Obrecht, Pernick, Powers. (15)
A sufficient majority not having voted therefor, the motion failed.
Moved by Palmer supported by Taub the resolution be amended after the first
BE IT FURTHER RESOLVED paragraph by adding the following:
BE IT FURTHER RESOLVED that the administrative rules for
implementation of this regulation be reviewed by the Health and Human
Services Committee within sixty (60) days.
A sufficient majority having voted therefor, the amendment Carried.
Moved by Palmer supported by Dingeldey the resolution be amended by adding
the following paragraph;
BE IT FURTHER RESOLVED that notwithstanding the provisions of the
revisions to Article II of the Oakland County Sanitary Code, no local
zoning ordinance provisions as of the effective date of this policy shall
be superseded.
Discussion followed.
After consulting with Corporation Counsel Gerald Poisson, Commissioners
Palmer and Dingeldey withdrew their amendment.
Moved by Palmer supported by Garfield the resolution be amended in Section
2.2 of the Oakland County Health Division Sanitary Code, Article II Groundwater
Protection, as follows:
Minimum Residential Building Site - A Single- or two-family residential
building site must contain a minimum of one (1) acre of area for each
three-bedroom residence. Minimum site size M$., shall be reduced when / dedicated open spaces are provided as part of is total project (e.g.,
cluster homes), For purposes of this section, open spaces include
wetlands, woo
d
lands. nykk ntility Anmg.morl'a areas set
aside for roa ways. Sites for structures in excess of three (3) bedrooms
must contain an additional area at the rate of one-quarter (1/4) acre per
bedroom.
Resolution #94365 continued December 8, 1994
Discussion followed.
AYES: Dingeldey, Garfield, Kramer, Palmer. (4)
NAYS: Taub, Crake, Douglas, Gosling, Huntoon, Jensen, Johnson, Kaczmar,
Kingzett, McCulloch, Newby, Oaks, Obrecht, Pernick, Powers, Schmid. (16)
A sufficient majority not having voted therefor, the amendment failed.
Moved by Palmer supported by McCulloch the resolution be amended in the
Oakland County Health Division Sanitary Code, Article II Groundwater Protection,
by adding an additional subsection to SECTION 1 - DBFINITIONa:
1.7 Total Project - The gross land area available for residential
development, excluding surface areas of lakes, streams, rivers, ponds
or other water courses.
and by adding the word "RESERVED" to the title of Section 3 which would
Discussion followed,
A sufficient majority having voted therefor, the amendment carried.
Discussion followed.
Vote on resolution, as amended:
AYES: Crake, Douglas, Gosling, Huntoon, Jensen, Johnson, Kaczmar,
Kingzett, Kramer, Law, McCulloch, Moffitt, Newby, Obrecht, Pernick, Powers,
Schmid, Taub. (18)
NAYS: Dingeldey, Garfield, Palmer. (3)
A sufficient majority having voted therefor, the resolution, as amended,
was adopted.
I HEREBVAPPROVE OREGOING RESOLUTION
2,//
L. Brooke PattersqK County Executive Date
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lynn D. Allen, 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 December 8, 1994 with the original
record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and .!,fixed the seal off„the
County of Oakland at Pontiac, Michigan this 8th day of ibiaeCembete94.4„/
F 'a10‘,..e" *""Cw4
Lyrn9FD. Allen, County Clerk
then read: SECT=4N 3 - Cou r -VED. =1E1 OFMRNT r