Michigan stands alone as the only state in the country without a comprehensive statewide code regulating onsite wastewater treatment systems, more commonly known as septic systems. The state currently relies on a patchwork of county and local regulations, but many experts have argued it falls short of protecting public health and water quality.

Anthony Kendall, an assistant professor in the Department of Earth and Environmental Sciences at Michigan State University, has spent years studying these systems and their impact on Michigan watersheds.

“The septic systems of today are largely the ones of 60 years ago and part of that is because of the complexity of the regulation that exists,” Kendall explained. “They don’t require regular cleaning, pumping or maintenance to keep either the tank or the drain field functioning.”

As a result, what typically happens is a house gets built, a septic system is installed and permitted and then it’s largely left alone until visible problems, including leakage or pooling water, emerge.

In his research, Kendall has identified “significant levels of fecal bacteria” in several of Michigan’s rivers, pointing to septic systems that are in some state of failure. “We actually look specifically at a DNA marker from a bacteria called B. theta that is exclusive to the human digestive system, so we know this isn’t fecal contamination from livestock operations or from nature.”

Thousands of failing systems

According to data from the Michigan Department of Environment, Great Lakes and Energy, or EGLE and the Michigan Water Stewardship Program, or MWSP, Michigan has an estimated 1.3 million septic systems serving roughly half of its population. Of those systems, between 20% and 30% are failing, releasing untreated wastewater into Michigan’s surface, drinking and groundwater.

This contamination not only poses serious health risks, including gastrointestinal illness, skin infections and eye or respiratory issues, but affects how people can safely use Michigan’s waterways.

Beach closures or advisories against swimming or fishing are primarily driven by spikes in E. coli bacteria.

Failing septic systems can also contribute to eutrophication, which occurs when excess nutrients such as nitrogen or phosphorus are released into a body of water. This can promote harmful algal blooms, or HABs, fish kills and support the growth of invasive species like Eurasian watermilfoil.

Waterfront properties and septic pollution

Managing these ecological issues is uniquely challenging because of where communities choose to build. As Kendall explained, Michiganders love to live near recreational waters, but these low-lying areas tend to be most vulnerable to septic system pollution.

“When you live close to a river or lake, you tend to be low on the landscape, meaning there’s not a lot of soil beneath your feet that isn’t occupied by the water table and the groundwater beneath,” he said. “These aren’t great places for septic systems, which like to have 20 to 30 feet of sediment beneath them.”

Because these homes are located in rural areas, they are too isolated from city infrastructure to affordably be connected to public sewer lines. Consequently, hundreds of waterfront properties end up unknowingly releasing their waste into the same waters they use for recreation.

Higgins Lake has become one of the clearest examples of this, where a large number of shoreline homes rely on aging or unpermitted septic systems that are actively failing and polluting the lake.

Legislative efforts to address the gap

Senator Sam Singh (D-East Lansing) is leading current efforts to establish Michigan’s first comprehensive statewide septic code. Senate Bill 771 would direct EGLE to develop uniform standards, create a statewide database of septic system locations, ages and conditions, implement a risk-based evaluation schedule and authorize trained third-party inspectors to assist local health departments.

“The time is not now,” Singh said. “The time was decades ago.”

Previous attempts to pass a statewide septic code in Michigan have failed largely due to concerns over property values, cost and local control, specifically the desire of individual counties to maintain independent regulations rather than submit to a one-size-fits-all state mandate.

In terms of cost, Singh is pushing for expanded financial help, including grants and low-cost loans, alongside the existing Michigan Saves Septic Replacement Loan Program (SRLP). Replacing a failing septic system can cost upwards of $20,000 and many homeowners, especially those on a fixed income, simply cannot afford it.

“We’re trying to find the right balance between having a statewide policy but also trying to create some mechanisms that would help homeowners,” he explained. “The worst thing we could do is create a statewide septic code and then people realize their systems are failing and there are not enough resources to fix the problem.”

Under the bill, inspections would focus first on systems over 30 years old, those located near surface waters and those installed before local permitted requirements existed. The bill would also establish the Onsite Wastewater Treatment System Administration Fund and the Public Education and Training Fund to support public outreach on septic system maintenance.

“There’s no manual that comes with your home when you purchase it, so I think there’s a lot of education that needs to happen,” Kendall said. “People don’t want to be responsible for contaminants going out into the environment and a lot of that is just lack of awareness or a lack of knowledge. Being a good steward of the land, having clean water, I think that’s one of the things most Michigan residents can agree on.”

This story originally appeared on the Water Alliance website.