If Passed into Law, Senate Bill 771 Would Help Protect Michigan’s Fragile
Inland Lakes, Rivers, Streams and Ground Water from Raw Sewage Flowing
from Hundreds of Thousands of Failing Septic Systems in Michigan
by Scott Brown
MWA E- Newsletter Editor
Introduced by MI State Senator Sam Singh (D-28) and referred to the MI Senate Committee on Natural Resources and Agriculture on Wednesday, January 28, 2026, if passed into law, Senate Bill 771 would establish Michigan’s first-ever comprehensive framework for the oversight and on-going maintenance of septic systems (on-site wastewater treatment systems). As the only state in the United States of America without a statewide septic system code, the language of Senate Bill 771 will serve to modernize Michigan’s substantially outdated approach to septic system over-sight and help protect the health of communities and the tens of thousands of freshwater resources that serve those communities. The significance of the problem in Michigan is illustrated by the fact that between calendar years 2013 and 2014 an estimated 5.7 billion gallons of raw sewage from failing septic systems flowed unabated into our inland lakes, river, streams, and groundwater aquifers.
The steadily escalating environmental and public health threat in Michigan is derived from the that fact that approximately 20%, or 280,000 of the 1.4 million septic systems that were constructed during the residential building boom of the 1950’s and 1960’s throughout Michigan are now failing. The issue of failing septic systems has been exacerbated by the fact that many Michigan homes and their now antiquated and often dysfunctional septic systems were built prior to the construction of sewer systems that now serve most towns and villages. The significance of the problem in Michigan is also illustrated by the fact that between calendar years 2013 and 2014 an estimated 5.7 billion gallons of untreated (raw) sewage from failing septic systems flowed unabated into our inland lakes, river, streams, and groundwater aquifers.
The language of MI Senate Bill 771 recognizes that while properly functioning septic systems are an effective and affordable wastewater solution, failing septic systems pose a serious risk to public health, safety, and to Michigan’s freshwater resource inundated environment. If passed by the state legislature and signed into law by Governor Whitmore, Senate Bill 771 would require the MI Department of Environment, Great Lakes, and Energy (EGLE) to develop a uniform performance-based standard defined Statewide Sewage Code for both conventional and alternative septic systems within three years.
The key provisions of Senate Bill 771 as introduced are as follows:
- High-risk or older residential septic systems (20+ years and within 500 feet of any surface water or within a high-risk erosion area, critical dune, or 100-year floodplain would be evaluated first, followed by 10-year inspections and checks before any change or increase in use would be approved.
- The language of Senate Bill 771 defines a septic system “failure” and authorizes local health departments to inspect, evaluate, and enforce compliance.
- If passed into law, the legislation would require the establishment of a Technical Advisory Committee comprised of a group of highly qualified experts that will help guide MI EGLE in developing a comprehensive set of rules and performance standards.
- The establishment of a new Onsite Wastewater Treatment System Administration Fund which would provide grants to local health departments, support digitization of septic records, fund public education campaigns, and assist low-income homeowners with inspection and/or repair costs.
- The language of Senate Bill 771 also authorizes the use of approved alternative and innovative treatment methods to meet state standards and therefore ensuring a high degree of flexibility for communities and property owners.
To download a copy of MI Senate Bill 771, click here