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Groundwater, and the Waters of our Fragile Lakes, Rivers, and Streams are Subject to Contamination by Failing Residential Septic Systems

Groundwater, and the Waters of our Fragile Lakes, Rivers, and Streams

are Subject to Contamination by Failing Residential Septic Systems

by Scott Brown

MWA E- Newsletter Editor

 

Attributed to the fact that 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 to the fact that only eleven out of eighty three, or 13% of counties in Michigan have enacted local regulations that require regular septic system inspections, hundreds of thousands of failing septic systems continue to be a major source of e-coli and human fecal bacteria laden raw sewage that contaminates ground water, and renders the waters of many our lakes, rivers, and streams unfit for total contact water sports such as swimming or snorkeling. The steadily escalating environmental and public health associated problem is derived from that fact that approximately 20%, or 280,000, of the 1.4 million septic tanks that were constructed in the 1950’s and 1960’s throughout Michigan are now failing. The problem has also been exacerbated by the fact that many Michigan homes, and their now severely antiquated septic systems were built prior to the construction of sewer systems that now serve even the smallest of towns and villages.

Septic systems, otherwise known as on-site wastewater disposal systems, are designed and installed in order to manage and treat the waste generated by toilets before it reaches ground 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 are capable of making people sick. Moreover, the organic matter present in wastewater effluent creates bad odors, and contains algae growth stimulating nutrients (nitrogen and phosphorus) that can have a negative impact on aquatic ecosystems. Properly designed septic systems include a disposal field comprised 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. Phosphorus that is produced within the household that passes through the septic tank is also captured within a properly designed disposal field’s soil.

On-site wastewater 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 wastewater disposal system is correctly located, properly designed, carefully installed, and properly maintained, they are capable of serving 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 also yet to establish a program that would mandate regular septic system inspections, approximately twenty-five to thirty percent of the 100,000 septic systems located in Michigan’s most affluent county are known to be leaking. The gravity of the situation is also effectively illustrated by the fact that the results of a 2015 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 also 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 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 have established 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 local health departments, and make it more difficult to sell homes.

Currently under consideration by Michigan’s state legislature, the latest attempt to establish a statewide septic code comes in the form of House Bill 4479 and House Bill 4480, and Senate Bill 299 and Senate Bill 300. The proposed legislation seeks to mandate periodic septic system inspections, and would require homeowners to repair septic systems that are identified as faulty. The proposed legislation also mandates the creation of a statewide septic system inspection tracking database, and also would establish a septic system inspector certification program.

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.

Resolution of the Michigan Waterfront Alliance that the MDNR remove the suspension of relocation to control Swimmers Itch

Whereas, The state of Michigan has a responsibility to its residents to control health issues, and

Whereas, Swimmers Itch (SI) is a problem in many lakes in northern Michigan, and

Whereas, Common Mergansers are known to be the primary source of Swimmers Itch in northern Michigan lakes, and

Whereas, Relocating common merganser duck broods has been an extremely successful method to control SI, and

 Whereas, current scientific relocation practices call for relocating wild birds from one wild bird location to another wild bird location thereby not significantly affecting the populations at the relocation , and

Whereas, Common Mergansers are not known to be affected by Avian Flu, and

Whereas, Common Mergansers are not known to be drawn to commercial flocks because they eat minnows, not grain, and

Whereas, the suspension of relocation is now known to cause a return of great consequence to lakes that have spent hundreds of thousands of dollars to use relocation to keep their lake’s cases of SI to a minimum, and

Whereas, known to have significant SI cases have been known to face severe economic losses, and

Whereas, If severe cases of SI are allowed to return to lakes that have significantly reduced the health problem to citizens,

Be it resolved that the Michigan Waterfront Alliance strongly urges that the MDNR remove the suspension of relocation permits and allow lake organizations to once again protect the residents of and visitors to their lakes from this acute health hazard.

The Board of the Michigan Waterfront Alliance

November 21, 2023 Wake Boat Resolution Revised

WHEREAS, Michigan’s glacier formed landscape is graced with over 11,000 inland lakes; and, the

majority of said lakes being defined by healthy freshwater ecosystems as indicated by the existence of

clear, sunlight inundated waters, highly beneficial native aquatic plant communities, and diverse

populations of invertebrates, fish, amphibians, reptiles, and waterfowl; and

WHEREAS, healthy inland lake ecosystems provide a wide array of valuable economic and ecological

services that are recognized for the vital role they play in helping to foster and sustain the growth and

development of Michigan’s increasingly freshwater resource dependent economy, and culture; and,

WHEREAS, one of the most important services that inland lakes provide to millions of Michigan citizens

and visitors is the opportunity to engage in popular water-borne recreational activities such as

swimming, fishing, kayaking, canoeing, jet skiing, power boating, and water skiing; and

WHEREAS, a dramatic increase in the popularity of enhanced wake dependent water sports that are

enabled by wake boats designed for the sole purpose of generating wakes that are defined by kinetic

energy levels that greatly exceed those that are produced by wind, and/or conventional watercraft have

gained the attention of state and local government officials, law enforcement agencies, and the news

media; and, the results of several peer reviewed scientific studies that have explored the physics of the

high energy wakes created by wake enhanced boats, and the nature and scope of their potential impact

on aquatic ecosystem have demonstrated that the recent surge in the number of wake boats operating

on the inland lakes of Michigan are likely responsible for rendering a destructive array of adverse

ecological impacts; and, wake boat generated high energy wakes created in close proximity to shore,

and/or within shallow areas of inland lake basins are not allowed the distance, time, and/or depth

necessary for their extraordinarily high kinetic energy levels to dissipate before disturbing

vulnerable benthic habitat, and/or having an adverse impact on both natural and developed shorelines;

and, the jet engine-like turbulence generated by the four blade, large diameter propellers of wake boats

are capable of scouring lake beds in depths in excess of sixteen feet; and,

WHEREAS, wake boats operating in areas of inland lakes defined by depths of less than thirty-three feet

are known to induce high volume sediment resuspension that contributes to increases in

phytoplankton (algae) production, increased turbidity, decreased water clarity, inhibition of aquatic

plant growth, loss of fish habitat, and overall degradation in water quality; and, in addition to causing

damage to docked watercraft, piers, and other forms of shoreline infrastructure, high energy wakes

generated by wake enhanced watercraft operating within 500 feet of shore are capable of endangering

kayakers and swimmers, of rendering significant damage to natural shorelines that serve as a protective

buffer, and provide life sustaining habitat for fish, aquatic animals, and waterfowl; and high energy

wakes created by wake boats within 500 feet of shore are known to be capable of causing accelerated

rates of shoreline erosion that leads to high volume sediment deposition and accumulation that results

in degradation of fish spawning habitat, loss of fish foraging habitat, and a significant reduction in the

capacity of inland lakes to support diverse recreational opportunities; and, wake boats that are towed

from lake-to-lake by their owner/operators are equipped with high volume ballast water tanks that

significantly increases the risk of introducing new exotic invasive aquatic plant and animal species to

unaffected lakes; and,

WHEREAS, considering the steadily increasing number of wake boats operating upon the waters of

inland lakes, current State of Michigan laws pertaining to the safe operation of watercraft as it applies to

the generation of high energy wakes are now outdated; and,

WHEREAS, the scientific research-based conclusions of State of Michigan Department of Natural

Resources Fisheries Report 37 entitled “A Literature Review of Wake Boat Effects on Aquatic Habitat”

dated July 2023 serves to reaffirm the veracity of the science-based facts that form the basis of this

document; and,

WHEREAS, Michigan Waterfront Alliance (MWA) is a 501 (C) (4) non-profit organization dedicated to

contributing to the enactment of state laws and natural resource management policies that help

preserve, protect, and/or promote long-term sustainable use of Michigan’s vast treasure of high-quality

freshwater resources; and,

NOW THEREFORE BE IT HEREBY RESOLVED THAT the Michigan Waterfront Alliance supports the

recommendations of MDNR Fisheries Report 37 dated July 2023 and shall commit to working

with the Governor and the legislature of the State of Michigan to promulgate revisions to inland marine

operating laws in regards to wake boats in a manner to help ensure the safety of people engaging in

passive recreational pursuits such as swimming, kayaking, and fishing, and to further protect the natural

shorelines, shoreline property, and vulnerable inland lake ecosystems of this great state.

McNALMS Hosts a Highly Successful “Current Perspectives on Wake Boats” Focused Lunch and Learn Event

Representatives from the Recreational Boating Industry and MI Department

of Natural Resources Share Sharply Contrasting Perspectives

Regarding Criteria for ‘Safe and Responsible’ Operation of Wake Boats


by Scott Brown
MWA Director

As indicated by the fact that almost all of the eighty seats available in Room 134 of Michigan State University’s Brody Hall were occupied by registration fee paying attendees, and by the ultimately friendly and constructive tone that defined the exchange of ideas and differences of opinion that occurred throughout the “Current Perspectives on Wake Boats” themed session, by all important measures, MI Chapter, North American Lake Management Society’s (McNALMS) Friday, December 1, 2023 / 11:00 AM to 2:00 PM Lunch and Learn event was a great success!

Following a simple but a tasty sandwich, soup, salad, coleslaw, chips, and cookie (and don’t forget the great chocolate brownies!!!) lunch, McNALMS President Melissa DeSimone introduced and welcomed the first speaker of the day – Michigan Boating Industry Association Executive Director Ms. Nicki Poulan. The first of two speakers presenting the recreational boating industry perspective on wake boats, Ms. Poulan first reminded the audience that with 850,000 + registered watercraft, and 1,500 boating related sales and service focused businesses with annual sales valued at $11.7 billion, Michigan represents the United States third largest marine market. Ms. Poulan also emphasized the pro-active role of the Michigan Boating Industry Association (MBIA) in funding and promoting a statewide campaign dedicated to reminding wake boat operators to “wake responsibly”, and also highlighted the fact that in addition to contributing to efforts to help thwart the spread of exotic aquatic invasive species by supporting a Clean Marina Program, MBIA also helps educate Michigan’s boaters about the need to always “Clean, Drain, and Dry”.

The recreational boating industry perspective regarding safe and responsible operation of wake boats was also presented by Ethan Hellier, Water Sports Industry Association Midwest Government Affairs Manager. In addition to focusing upon the considerable economic contributions of Michigan’s flourishing boating industry, a significant portion of Ethan’s presentation relied upon the findings of a scientific study whose results suggest that the potentially harmful impacts to shorelines and shoreline infrastructure caused by the high energy wakes generated during wake boarding or wake surfing can be substantially negated by operating a minimum of (only) two hundred feet from shore. Each of the recreational boating industry representatives suggested that along with operating a minimum of two hundred feet from shore, wake boat operators can “wake responsibly” by avoiding repetitive passes, and by keeping music at “reasonable levels.” See the Water Sports Industry Association Wake Responsibly graphic that appears below.

Supported by a MI Department of Natural Resources fisheries staff authored Power Point presentation entitled “A Literature Review of Wake Boat Effects on Aquatic Habitat”, MI DNR fisheries biologist Dr. Joe Nohner provided an attentive Lunch and Learn audience with a substantially different perspective regarding what responsible wake boat operators must do in order to help ensure that the high energy wakes produced by their extraordinarily heavy watercraft do not harm shorelines, shoreline-based infrastructure, or cause re-suspension of bottom sediments. Sharing with the audience the peer reviewed results of a significant number of scientific studies that have been conducted in recent years to better understand the potential impact of wake boats on aquatic ecosystems, Dr. Nohner’s scientific                                                                   research-based presentation concluded with his discussion of “best operating practices” that “minimizes harm to the natural resources and property of Michigan citizens”.

MI Department of Natural Resources Recommended Wake Boat Best Operating Practices:

  1. Boats operating in wake-surfing mode or wake-boarding mode, during which boat speed,
    wave shapers, and/or ballast are used to increase wave height, are recommended to operate at
    least 500 feet from docks or the shoreline, regardless of water depth.
  2. Boats operating in wake-surfing or wake-boarding modes are recommended to operate in
    water at least 15 feet deep.
  3. Ballast tanks should always be drained prior to transporting the watercraft over land

U. S. District Court Judge Rules in Favor of the State of Michigan in Edenville Dam Failure Related Fisheries and Mussel Habitat Damage Case

United States District Court Judge Paul Maloney ruled on Monday, November 27, 2023 that the earthen embankment spanning both the Tittabawassee and Tobacco Rivers located in Midland and Gladwin counties otherwise known as the Edenville Dam collapsed on Monday, May 19, 2020 in response to heavy rainfall as a direct result of poor maintenance and lack of need repairs. The decision rendered by Judge Maloney affirms that the Michigan Department of Natural Resources and the Michigan Department of Environment, Great Lakes and Energy are entitled to $119.8 million in damages from the owners of the dam in compensation for damage to fisheries and mussel habitat.

Widespread flooding caused by the catastrophic failure of the Edenville Dam is known to have caused more than $200 million in damage and forced the emergency evacuation of more than 10,000 people at the time.

It is also important to note that both Wixom Lake, the 2,600-acre reservoir lake created by the Edenville Dam, and 1,250-acre Sanford Lake, the reservoir lake formed by Sanford Dam that failed after being overwhelmed by the massive wall of water that flowed violently downstream when the Edenville Dam failed, ceased to exist as manmade lakes due to the loss of their impounded waters.

Ground Water Aquifer Depletion Becoming a Significant National and State Issue

by Scott Brown

MWA e – Newsletter Editor

The freshwater that lies beneath the earth’s surface that is often referred to as groundwater has served as a vital life sustaining resource on earth for millions of years. In the modern era, rural communities, businesses, farms, and private residences located a long distance from lakes, rivers, streams, or urban water systems depend almost entirely upon groundwater wells for fresh potable water. In the past one hundred years, however, ground water consumption in many areas of the United States, and in particular areas that support intensive agricultural or mining operations, has surged as progressively more powerful and effective technological means are used to extract and consume greater volumes of groundwater. Simply put, in many areas of the United States groundwater is being extracted at rates that mother nature in all her glory is not capable of restoring. It is important to note that the United States Geological Survey reports that approximately 10% of the ground water aquifers in the United States fell to their lowest level on record last year.

In a recent interview with the New York Times, Don Cline, United States Geological Survey associate director for water resources indicated that “there’s almost no way to convey how important this issue is…” In Kansas, for example, ground water aquifer depletion has already resulted in a significant reduction in the amount of corn that an average acre is capable of producing. In Michigan’s Ann Arbor township, groundwater wells serving homes, businesses, and farms are failing at a steadily increasing rate due to the extraordinarily high volumes of groundwater that are being extracted by a local aggregate mining operation. Causing local groundwater aquifers to drop to record low levels, the fact that the mining operation is paying to lower, and/or to otherwise restore the groundwater wells of those negatively affected by their operation is of little or no consolation to residents, business leaders, and state and local government officials who view progressively depleted groundwater aquifers as a significant challenge.

Local governments, and/or planning commissions charged with reviewing and/or approving permit applications from those proposing to conduct aggregate mining or other high volume groundwater consumption operations in a particular area need to be acutely aware of the fact that such operations are capable of having a significant influence on local groundwater aquifer levels. Local officials charged with making decisions regarding large scale groundwater extractions would be well advised to conduct a hydrologic study of the area under consideration before approving high volume groundwater withdrawals. Local officials charged with making groundwater extraction related decisions in areas hosting inland lakes that rely on ground water as their primary water source should also be mindful that lower ground water aquifer levels may also equate to lower inland lake levels.

MWA Supports Passage of Governor Whitmer’s Proposed Fiscal Year 2024 State Budget that (Finally) Enables the Battle Against an Onslaught of Terrestrial and Aquatic Exotic Invasive Species in Michigan

MWA Encourages Readers to Contact Their State Representatives

and Senators to Support the Governor’s 2024 Budget Recommendation

Michigan Governor Whitmer’s Fiscal Year 2024 executive budget proposal includes $64 M in funding that along with matching funding from Illinois will enable the completion of a significant modification to the Joliet, Illinois-based Brandon Road Lock and Dam that will help keep highly invasive carp from the entering the Great Lakes in addition to $12 M in funds to establish for the first time in Michigan an exotic invasive species rapid response task force.

In an era marked by the steadily increasing presence of highly invasive exotic terrestrial and aquatic species whose very existence represents a significant threat to Michigan’s economy and culture, funding to create a multi-agency invasive species rapid response task force that will be dedicated to preventing the introduction and establishment of new invasive plant and animal species, and will also work pro-actively to limit the spread and harmful influences of the many exotic invasive species that are already present represents a vital step in Michigan’s battle against exotic invasive species.

It is important to point out that the Brandon Road Lock and Dam in the Chicago Area Waterway System located near Joliet, Illinois is a critical point for on-going collaborative efforts designed to help keep invasive bighead, silver, and black carp from entering the Great Lakes. The project that is being jointly funded by Michigan and Illinois involves installing layered technologies that when complete will include an electric barrier, underwater sound, an air bubble curtain, and a flushing lock that has been designed to prevent the movement of invasive carp while simultaneously allowing barge traffic to pass through the lock passage.

To learn more about the Brandon Road Lock and Dam as it exists today, visit the U. S. Army Corps of Engineers facility dedicated website by clicking here

To download a copy of Governor Whitmer’s proposed Fiscal Year 2024 state budget, click here...

To find your Michigan Senator based on your home address, visit https://senate.michigan.gov/FindYourSenator/

To find your Michigan Representative based on your home address, visit https://www.house.mi.gov/

Lake Awareness Day Focuses on Protecting Michigan’s High Quality Lakes

by Lois Wolfson

MSU Extension / Institute of Water Research

Key organizations from around the state that work to manage and protect Michigan’s lakes met with legislators, staff, agency personnel, and others during the May 18 forum held at Karoub Associates, a block from the State Capitol. The coordinators of the event prepared infographics and posters with information that highlighted Water Quality and Quantity in inland lakes; Stressors and Impacts; Economics and Ecological Values and Solutions and Support. The event was organized by members of Michigan Waterfront Alliance; Michigan Environmental Council, Michigan Chapter, North American Lake Management Society (McNALMS), Midwest Aquatic Plant Management Society (MAPMS), Michigan Aquatic Managers Association (MAMA), FLOW (For Love of Water), MSU Institute of Water Research and MSU Extension.