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A Brief History of the United States Environmental Protection Agency

Prompted by public outcry that had been generated in the late 1960’s by the tragic fact that many of the rivers and lakes of the United States of America had been utilized as nothing more than convenient dumping grounds by industry and agriculture for many decades, and in response to frightening June 1969 TV news images of Cleveland’s Cuyahoga River engulfed in toxic waste fueled flames, the United States Environmental Protection Agency was established on July 9th, 1970 by authority of an executive order signed by President Richard M. Nixon.

Employing approximately 16,000 full time engineers, scientists, environmental protection specialists, administrators, information technologists, and attorneys, the U. S. Environmental Protection Agency has been tasked with the responsibility of maintaining and enforcing national standards associated with numerous environmental laws. These include the U. S. Congress enacted Federal Water Pollution Control Act Amendments of 1972, otherwise known as the Clean Water Act (CWA).

The Clean Water Act was passed in order to restore and maintain the chemical, physical, and biological integrity of the nation’s vast freshwater resources. The Clean Water Act also served to establish a first ever national framework for addressing national water quality issues, including mandatory water pollution control standards that continue to be administered by the U. S. EPA in partnership with the state governments. The U. S. EPA has also been tasked with working on a collaborative basis with state environmental agencies to develop, implement, and enforce mandatory federal standards for public water systems which serve approximately 90% of the United States population.

In recent years the scope and scale of the authority of the United States Environmental Protection Agency to protect the nation’s water resources has been diminished by a United States Supreme Court ruling that significantly narrowed the definition of freshwater resources that are eligible for protection under the auspices of the Clean Water Act of 1972.

To learn more about the mission and goals of the United States Environmental Protection Agency, visit their web site at https://www.epa.gov/

MI Department of Natural Resources Seeks to Increase the Cost of Fishing and Hunting Licenses

Confronted with skyrocketing maintenance and operational costs, the Michigan Department of Natural Resources (MDNR) is asking the state legislature to enact legislation that would serve to generate much needed revenue by increasing the cost of annual resident hunting and fishing licenses by 50%. It is important to point out that revenues generated from the sale of fishing and hunting licenses represent the single greatest source of funding for MDNR fishery and wildlife management programs.

Revenue generated by the increase in the cost of hunting and fishing licenses would help prevent agency managers from having to make difficult decisions in the very near future in regards to the possibility of having to scale back mission critical program related operations at state fish hatcheries, waterfowl areas, and state game areas due to dramatic increases in overall costs. MDNR Wildlife Division’s maintenance costs, for example, have more than doubled from $1.4 million to $3.1 million since the last license fee increase that occurred in 2014. MDNR Fisheries Division’s annual cost of fish food for state hatcheries, as another example, is now a million dollars, representing an overall increase of 71% over of the last several years.

If enacted, the legislation would increase the cost of a single resident deer hunting license from $20.00 to $30.00, and increase the cost of an annual resident fishing license from $26.00 to $39.00, representing a 50% increase in each case. MDNR estimates that increases in the cost of annual hunting and fishing licenses would generate approximately $22 million.

If passed by both houses of the legislature and signed into law by Governor Whitmer, the legislation would also link future increases in the cost of fishing and hunting licenses to the rate of inflation.

Opposition by Michigan’s Real Estate Industry and Individual Property Owners Prevents Legislation Known as the “Short-term Rental Regulation Act” from Moving Forward

Legislation introduced in the Michigan state legislature that if enacted would regulate short-term rentals and generate revenue that would benefit host cities, towns, and villages that experience steep population increases each summer by levying a 6% excise tax on short term rentals has been met with a whirlwind of opposition from both the real estate industry and from individual property owners who believe the legislation violates their basic property rights.

If passed by the Michigan state legislature and signed by Michigan’s governor, House Bills 5437 to 5446 would regulate and levy assessments on short-term rental facilities in Michigan. House Bills 5437 and 5439 to 5446 serve to supplement MI House Bill 5438  also referred to as the Short Term Rental Regulation Act”, that,  in addition to levying a 6% excise tax on short term rentals, also require short term rental property owners to acquire $1M in liability insurance, and implement safety measures such as the installation of fire extinguishers and smoke alarms, and making sure first responder contact information is made readily available to short-term renters. The suite of bills comprising the Short-Term Rental Regulation Act would also require often utilized international vacation rental property service providers such as Vrbo and Airbnb to pay a $100.00 annual registration fee on each of their short-term rental property listings. Moreover, the legislation would allow local units of government to regulate short-term rentals such as by limiting the number of short-term rental properties within their jurisdiction and by enforcing existing zoning laws.

Defined by the Michigan state legislature as the rental of a single-family residence, a dwelling unit in a one-to-four family house, or the rental of a unit or group of units within a condominium for up to thirty consecutive days, short-term rentals serve to enhance the real estate values of lakefront homes, and homes located within popular tourist destinations. The ready availability of short-term rentals within popular tourist destinations and steep increases in population that occur each summer have dramatically increased the cost of providing basic government services such as providing water and sewer services for host local units of governments – the Short-Term Rental Regulation Act was introduced in part to help affected local governments to raise revenue that will be used to off set the increased cost of governing and providing essential services that occurs each summer.

It is important to note that the Michigan Supreme Court rendered a decision in October of 2018 that upheld the right of local units of government to enact ordinances to allow or to restrict short-term rentals.

MUNICIPAL PROCESSED SEWAGE USED AS FERTILIZER ON FARM LANDS FOR DECADES ARE FOUND TO CONTAIN HIGH LEVELS OF THE TOXIC ‘FOR EVER’ CHEMICALS KNOWN AS PFAS

Official representing the United States Environmental Protection Agency have admitted that the ‘processed’ municipal sewage that tens of thousands of farmers across America, including many located in Michigan have been using as nutrient rich fertilizer for several decades to enrich millions of acres of farm land may contain heavy concentrations of the wide ranging suite of chemicals commonly referred to as PFAS that are known to enhance the risk of the onset of certain types of cancer, and may also cause birth defects. Studies also indicate that protracted exposure to sufficiently elevated levels of certain PFAS may cause a variety of health effects including developmental effects on the thyroid, liver, kidneys, certain hormones, and the immune system.

A growing plethora of research findings indicates that processed sewage referred to as ‘black sludge’ – which is the sewage that flows from homes, businesses, schools, and factories – often contains heavy concentrations of chemicals known as per-and polyfluoroalkyl substances (PFAS) that represent a group of synthetic chemicals that have been used to support the manufacture of certain widely used products such as outdoor clothing and carpeting.

Utilized in many consumer products and industrial processes since the 1950s, per- and polyfluoroalkyl substances (PFAS) are a diverse group of synthetic chemicals that are resistant to water, grease, and heat.  Some common uses for PFAS include:

  • Food packaging
  • Outdoor Clothing
  • Firefighting foam
  • Non-stick products
  • Ski and snowboard waxes

Commonly referred to as ‘forever chemicals’ due to their capacity to remain in a toxic state for many decades, PFAS is now being detected, sometimes at dangerously high levels, on farm fields located throughout Texas, Maine, Michigan, New York, and Tennessee. The U. S. EPA admission that processed sewage often contains high concentrations of PFAS follows many reports of the now widespread chemical acting to sicken or kill farm animals, render the milk of dairy cows useless, and contaminating the produce grown on the farm.

Involving tens of millions of acres, the epic scale of farmland contaminated by processed sewage derived toxic PFAS is only now starting to become apparent to federal and state authorities. Representing one of the first states in the nation to investigate the potential for processed sewage sludge to contain high levels of PFAS, Michigan state officials recently shut down one farm located near Brighton, Michigan where tests for PFAS revealed particularly high concentrations in the soil and in the cattle that grazed upon the land. The Brighton farm had received the processed sewage sludge that it spread upon its fields from a municipal sewage treatment plant located in Wixom. The State of Michigan also ruled that the affected property may never again be used for agriculture. As of this date, Michigan officials have not conducted widespread testing for the existence of high concentrations of PFAS at other farms, some have suggested that this is at least partly out of concern for the harmful economic effects on the state’s agriculture industry.

In response to the fact that the United States Geological Survey found that at least 45% of the nation’s tap water is contaminated with PFAS chemicals,  the United States Environmental Protection Agency imposed a near zero threshold for the existence of PFAS within drinking water in the spring of 2024.

In addition to the fact that many farmers throughout Michigan have been utilizing PFAS saturated processed sewage as fertilizer on their fields for decades, the raw ‘unprocessed’ sewage that originates from hundreds of thousands of dysfunctional septic tanks also often contains high concentrations of the highly toxic chemicals that continues to run-off into the once crystal-clear freshwaters of Michigan’s streams, rivers, and inland lakes.

To view the information rich United States Environmental Protection Agency’s PFAS dedicated page, click here

To view the State of Michigan PFAS Action Response Team (MPART) web page, click here

2024 MWA Summer Newsletter is Now Available for Download

MICHIGAN WATERFRONT ALLIANCE

SUMMER NEWSLETTER 2024

MichiganWaterfrontAlliance.com

MWA Mission Statement:

“This corporation is formed to protect, preserve and promote the wise use of inland waters – lakes, streams, rivers, creeks and the waters and bottomlands of the State of Michigan.”

President’s Report

by Bob Frye

 

Dear Members and Friends of the Michigan Waterfront Alliance,

I hope you are enjoying another Michigan summer!

Did you know that the combined lake frontage of all of Michigan inland lakes is 25,829 miles? This number is found in EGLE’’s Water Quality and Pollution Control in Michigan 2022 Sections 303(d), 305(b), AND 314 Integrated Report 2024 which also has an abundant amount of information regarding Michigan’s top ranking among the lower 48 states’ inland lakes.

This Water Wonderland that we are so fortunate to enjoy needs stronger financial support from our state government, and that is why we were the principal sponsor of the 2024 Lakes Awareness Day held on May 14, 2024. Additional partners included the Michigan Boating Industries AssociationMichigan Environmental Council, Tip of the Mitt Watershed CouncilMichigan Chapter of the North American Lakes Management SocietyMichigan Aquatic Managers Association, and Midwest Aquatic Plant Management Society.

We invited all the Senators, Representatives, Governor, DNR and EGLE staff for lunch at the MWA lobbyist Karoub Associates Governor’s Room located just a stone’s throw from the steps of the Michigan Capitol Building. Discussions were focused on the significance and value of Michigan’s vast inland lake resources and the need to protect them. The turnout from Leadership from the MI Senate, House, EGLE and DNR was exceptional, including Deputy Director of EGLE Travis Boeskel, EGLE Aquatic Invasive Species Coordinator Sarah Lesage, EGLE Unit Director of Wetlands, Lakes, and Streams Amy Lounds, and State Representative Rachel Hood who sits on a number of committees, and is the Vice-Chair of the sub-committee for the Michigan Department of Agriculture and Rural Development/DNR (Rachel suggested that the 2025 Lake Awareness Day theme should be: “Michigan Needs Revenue for Water”). These are just a few examples of the attendees who came to learn how they could help create a mindset shift in our state government from reactionary to protective lake management.

Legislators who have committed to the cause from the 2024 and 2023 Lake Awareness Days and follow up include: Super Legislative Inland Lake Champions Rep. Ken Borton – 105th District, and Rep. John Roth – 104th District. Also, Inland Lake Legislative Champions include: Senator Mark Huizenga -30th District, Senator Sue Shink – 14th District, Senator Roger Victory – 31st District, Rep. Noah Arbit – 20th District, Rep. Jim Haadsma – 44th District, Rep. Natalie Price – 5th district, Rep, Tom Kunse – 100th District, Rep. Jim Runstad – 23rd District, Rep. Cam Cavitt – 106th District, and Rep. Rachel Hood – 81st. District.

Those interested in becoming Inland Lakes Legislative Lake Champions include: Rep. Nancy Deboer – 86th District, Rep. Cam Cavitt -106th District, Rep. Jammie Wilson – 32nd District, Rep. Will Snyder – 87th District, Rep. Joseph Fox -101st District, Rep. Denise Mentzer – 61st District, Rep. Mark Tisdel – 55th District, and Rep. Bradley Slagh – 85th District.

As a follow up to the Lake Awareness Day event, the Grand Hotel on Mackinac Island has joined the partnership and is offering space on the Grand property to present an Inland Lakes Awareness signage display. The display will consist of 5 signs. Please help fund the cost of these permanent outdoor signs! See the line on the donation envelope enclosed in this mailing. Hotel Vice President John Hulett and Marketing and PR Manager Elizabeth Graves are pictured on page 1 with one of our 5 signs.

The MWA continues to meet quarterly with representatives of EGLE and the DNR in the MWA/DNR AIS Task force. The latest news is that a new position, EGLE AIS Coordinator, has been created in EGLE and Cecilia Weibert will fill it. Cecillia was the Aquatic Invasive Species Project Manager · Great Lakes Commission and hopefully will join the AIS Taskforce. One of the largest hurdles the Task Force has is finding funding for AIS law enforcement. Currently the majority of the funding comes from Federal Grants.

Hopefully the growing list of MWA Inland Lakes Champion Senators and Representatives can be used to get “More Money For Water” that would help fund AIS law enforcement.

Be sure to read the following in this newsletter. The MWA Legislative Report by Matt Kurta, our MWA Lobbyist, Wake Boat report by Scott Brown, Marketable Title update by Bill Carey, How you can become a Lake Champion by Scott Brown, Governor Proclamation for Lakes, State-wide Septic Code by Scott Brown, Swimmer’s Itch report by Alex Walters, Save Your Lakes by Ed Highfield, and the MWA participation in the Inland Lakes Convention and how you can attend by Scott Brown.

Also, be sure to signup for the Michigan Waterfront Alliance e-newsletter sent on the 1st and 15th of every month. Just send Scott Brown, scottb1952@gmail.com, your email address!

Click here

to download and read the entire Summer 2024 MWA Newsletter.

Hundreds of Thousands of Dysfunctional Septic Systems Represent a Steadily Escalating Public Health Threat in Michigan

Attributed to the shameful (!) fact that our freshwater inundated Michigan continues to be the only state within the United States of America that has not yet enacted a state-wide law requiring regular septic system inspections and routine maintenance, nearly 300,000 failing septic systems continue to be a major source of e-coli and human feces-laden raw sewage that contaminates our ground water, and in many cases renders the waters of many our lakes, rivers, and streams unfit for total contact water sports such as swimming or snorkeling. The problem in Michigan is illustrated by the fact that the Michigan Department of Environment, Great Lakes, and Energy (EGLE) has thus far identified approximately 200 rivers, lakes, and beaches where E. coli concentration levels are well over the United States EPA limit.

The steadily escalating environmental and public health threat is derived from that fact that approximately 20%, or 280,000 of the estimated 1.4 million septic systems that are widely 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 even the smallest of 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 sewage from failing septic systems flowed unabated into our inland lakes, river, streams, and groundwater aquifers.

Septic systems, otherwise known as on-site waste water disposal systems, are installed to manage and treat the waste generated by toilets before it reaches ground or surface water. In a properly designed septic system, the septic tank serves to remove larger solids from wastewater. Wastewater that flows out of the septic tank is saturated with contaminants that must be removed before the water can safely be combined with surface and/or groundwater. Public health issues stem from the fact that septic tank effluent contains large concentrations of toxic micro-organisms that make people sick. Moreover, the organic matter present in wastewater effluent creates bad odors, and contains algae growth stimulating nutrients (nitrogen and phosphorus) that are known to have a harmful impact on the aquatic ecosystems of our inland lakes, rivers, and streams. Properly designed septic systems include a disposal field that consists of a mixture of sand, silt, and clay that are often referred to as loamy soils that act to successfully treat bacterial and inorganic compounds. Algae growth stimulating phosphorus that is produced within the household that passes through the septic tank is captured within a properly designed disposal field’s soil.

On-site waste water disposal systems continue to be installed in support of residential and commercial development that occurs in rural settings where sanitary sewer systems are not available. According to Michigan State University Extension, when an on-site waste water disposal system is correctly located, properly designed, carefully installed, regularly inspected and properly maintained, they serve as effective waste disposal systems that are economical and that do not pose a threat to public health or to the fragile ecosystems of surrounding streams, rivers, and lakes.

Michigan’s on-going failing septic system crisis is best exemplified by Kent County where a volunteer only septic system inspection program allows an estimated 11,250 failing residential septic systems distributed throughout the county to leak approximately one million gallons of raw sewage into vulnerable groundwater supplies each day. In inland lake inundated Oakland County, as another prime example, where public health threatening cases of e-coli contamination of rivers and lakes are reported on a more and more frequent basis, and where county officials have yet to establish a program that would mandate regular septic system inspections, approximately 25% to 30% of the 100,000 septic systems located in Michigan’s most affluent county are known to be leaking.

The gravity of the situation is effectively illustrated by the fact that the results of a 2015 field study conducted by Michigan State University researchers on sixty-four Michigan rivers revealed that  concentrations of e-coli that were higher than U. S. Environmental Protection Agency permitted water quality standards. The significance of the issue is amplified by the fact that the Michigan Department of Environment, Great Lake, and Energy (EGLE) reports that approximately one half of Michigan’s thousands of miles of rivers and streams suffer from concentrations of toxic e-coli that exceed minimum water quality standards.

Representing a major environmental and public health issue in Michigan that promises to escalate in significance as increasing numbers of septic systems fail and begin to leak with the passage of time, past efforts to enact legislation that would serve to establish a meaningful statewide standard for how septic tanks are designed, built, inspected, and maintained have sadly disintegrated in the face of arguments suggesting that in addition to treading on individual property rights, regulating septic tanks in a manner that would require regular inspections and maintenance would be too costly for homeowners, over burden county health departments, and as the Lansing-based Michigan Realtors continues to argue, make it much more difficult to sell homes. Sadly, one does not need to have earned a graduate degree in political science from Harvard or Yale to recognize that profit margins appear to be more important in Michigan than achieving and maintaining safe, clean, clear freshwater that is safe to drink and that is safe to swim in~! And, frankly we find this disgusting!!!

It is important to note, however, that Michigan Governor Gretchen Whitmer recognizes the significance of the on-going problem and has declared the week of September 16-20, 2024 as Septic Smart Week that encourages homeowners and communities to inspect and properly maintain their septic systems on a voluntary basis. In an applaudable effort to make low interest loans available to qualifying homeowners, the Michigan Department of Environment, Great Lakes, and Energy (EGLE) has partnered with Michigan Saves, the nation’s first non-profit green bank to offer financing for the replacement of failing or near-failing septic systems statewide through the Septic Replacement Loan Program (SRLP). The program provides low-interest financing options for loans of up to $50,000 to qualified Michigan homeowners seeking to replace their dysfunctional septic systems.

The introduction of Michigan House of Representatives Bills 4479 and 4480 and Michigan Senate Bills 299 and 300 represent the latest effort to remedy the embarrassing fact that Michigan remains the only state in the nation that has not yet enacted a statewide septic code. The proposed common sense-based legislation would mandate routine inspections and essential maintenance for all septic systems. If passed into law, the bills would also establish a database for inspections, a certification system for inspectors, and a technical advisory committee to provide recommendations for septic system management. Sadly, pro-active efforts sponsored by well-funded Lansing-based lobbyists have thus far prevented the important legislation from moving forward in both the Michigan House and Senate.

For more information on how failing septic systems are capable of degrading our precious freshwater resources, visit the U. S. EPA’s web page entitled “How Your Septic System Can Impact Nearby Water Sources” . The always wise inland lakes preservation focused folks from northwest Lower Michigan’s Glen Lake Association have also created a septic smart webpage that contains valuable information regarding the proper maintenance of septic systems.

Common Sense Inland Lake and Inland Lake Residential Community Friendly Legislation that Desperately Needs Your Pro-Active Support to Pass

Contact Your State Representative or State Senator Today!

To find the name and contact info for

your state representative:

click here

 

To find the name and contact info for

your state senator:

click here

 

House Bill 5532

Sponsored by Representative Julie Rogers (D-Kalamazoo), if passed into law, House Bill 5532 would establish a basic operational framework for where wake boats can operate without damaging sensitive inland lake ecosystems.

The language of the bill would require wake boat operators to stay at least 500 feet from shore and in waters of at least 20 feet in depth when engaged in enhanced wake sport mode.

 

MI Senate Bill 299 & 300 / MI House Bill 4479 & 4480

House Bills 4479 and 4480 and Senate Bills 299 and 300 were proposed in response to the sad fact that Michigan remains the only state in the nation that does not have a statewide septic code. The proposed legislation would mandate routine inspections and essential maintenance for all septic systems. If passed into law, the bills would also establish a database for inspections, a certification system for inspectors and a technical advisory committee to provide recommendations for septic system management.

MWA Legislative Issues Update – Winter

Last August, Governor Whitmer outlined her priorities for the fall, when the Legislature returned to session after a two-month summer recess, in anticipation of a limited period of time remaining in 2023 with full Democratic control of state government.  The Michigan Legislature responded with a flurry of legislative activity before adjourning for the year effective November 14, including enactment of a comprehensive energy and climate package aimed at reducing greenhouse gas emissions and increasing renewable energy development.

On Election Day in November, Democratic Representatives Lori Stone (D-Warren) and Kevin Coleman (D-Westland) won elections to become Mayor of their respective hometowns.  Both legislators have resigned from the House to begin serving in their new roles, temporarily stripping Democrats of their previous 56-54 majority in the Michigan House.

The partisan composition of the House now stands tied at 54-54 and will remain tied until these two vacancies are filled. Governor Whitmer has called special Primary and General Elections, to take place on January 30th, 2024 and April 16, 2024.  As both seats are overwhelmingly Democratic in terms of their partisan base composition, they are anticipated to be filled by new Democratic legislators who would return Democrats to the majority in the House shortly after April 16.

In the meantime, Rep. Joe Tate (D-Detroit) continues to serve, as Speaker of the House and Democrats  continue to maintain majority control of committees, legislation cannot move on the House floor without bipartisan support.  So, as we enter an unprecedented period in Michigan political history, it appears that legislative activity may temporarily slow down until both vacancies are filled as we enter another election season.

On the policy front, we will continue to work with the Whitmer Administration and key legislators to urge consideration of a comprehensive, holistic approach to inland lakes water quality management.

Matt Kurta, Karoub Associates