Michigan legislators propose new bills for private septic tank inspections after E. coli levels rise

Concerns are growing among the local environmental group, Two Rivers Coalition (TRC) after it had been found that high levels of Escherichia coli (E. coli) have been, and continue to be, found in Van Buren County rivers and streams including the Black River and the Paw Paw River. These findings are based on samples that were taken from the Paw Paw River Watershed, in 2021, and the Black River watershed, in 2022. The TRC believes the high contamination levels are coming from private, home septic systems that are leaking or not being properly maintained in rural areas of Van Buren County.

Water testing and contaminants: Paw Paw River vs. Black River

Currently, water from one to two sites in the Paw Paw River and Black River gets tested for E. coli and other contaminants, every five years on state rotation. According to the World Health Organization (WHO), E. coli is a bacterium that is commonly found in the lower intestine of warm-blooded organisms. While some E. coli strains are harmless, others can cause severe illness and can be spread through meat, vegetables, or water that is contaminated with fecal matter. When a person becomes infected they may experience symptoms such as stomach cramps, nausea, diarrhea, fever, and vomiting.

According to TRC member and former president, Kevin Haight, the TRC decided to get involved because they felt the water needed to be tested more often and more sites needed to be tested to gain a more comprehensive view of the risk of contamination. While the testing methods were different for each river, the outcome was equally as shocking. Unlike the state, the TRC wanted to pick specific spots that were higher up on smaller tributaries because lower regions of the river dilute levels of E. coli to the point where it may not be measurable. Levels were tested for the total body contact threshold through activities such as swimming or tubing (300 CFU), and partial body contact threshold through activities like wading in the water or kayaking (1,000 CFU).

“We ended up picking 19 spots in the Paw Paw River,” said Haight. Eighteen out of 19 places tested were higher than the threshold for full body contact, and fourteen out of 19 sites exceeded the legal amount for partial body contact, it’s not a localized, specific area, Haight said. “We wanted to test higher up on the smaller tributaries to see if there was an E. coli problem up there. The vast majority of where we tested were in streams like Brush Creek, Pine Creek, Mill Creek, and other, smaller tributaries.”

Testing in the Black River, in 2022, differed from the Paw Paw River thanks to a grant from the Michigan Department of Environment, Great Lakes, and Energy (EGLE). While the TRC only got to test in six spots throughout the north, middle, and south branches as a whole, the grant allowed the samples to be sent to a DNA testing lab at Grand Valley State University. According to Haight, the E. coli levels had been an issue for a long time and testing had gone on for seven years but this was the first time they were able to send samples to a lab to determine where the E. coli was coming from.

“They did a test of fecal matter from cows and fecal matter from animals with hooves, and none of the above. What we found from that was that every single place where we had high E. coli, we also had really high human fecal markers that came up in the DNA testing. So that was kind of like a smoking gun, so we knew for sure that there was a correlation. We had high E. coli and high human fecal material also showing up in the water,” explained Haight. “We can show that at least one part of this problem is coming from human fecal matter and the only source of that, that is conceivable, is it’s a bunch of leaking septic systems,” he said.

Additionally, the tests found that E. coli levels were at their highest after heavy rainfall, most likely due to runoff coming into the river.

Who and what does this affect the most?

Everyone who does not obtain their water from a city sewer system is hooked to a private septic tank, which is fine, as long as it is maintained. But as the contamination levels are showing, many are not being maintained, are leaking, or homeowners are putting their septic tank pipes into a ditch and the waste is washed downstream after heavy rainfall.

The Paw Paw River covers over 400 square miles of watershed and three counties starting in Kalamazoo County, flowing to the middle of Van Buren County, and through Berrien County. The Black River covers nearly 300 sq. miles, starting in Allegan County, and flows through north Van Buren County. This is significant because both rivers empty into Lake Michigan, which could affect our public beaches. In fact, it already happened. In 2019, both Silver Beach in Saint Joseph, and South Beach in South Haven, were temporarily closed due to high E. coli levels.

“It’s very possible that the source of that E. coli is from the Black River emptying out into Lake Michigan and being washed up on shore. I don’t know that for a fact, but it is one potential consequence if we have high E. coli levels in these rivers,” Haight commented.

Ordinances and proposed legislation

Even though Michigan is home to the largest amount of fresh water in the lower forty-eight states, it is the only state that does not have a state-wide septic ordinance that mandates periodic inspection by a county health department or discusses septic tank design or how to maintain it. There have been ordinances proposed about septic tank inspection in the past, and has had bi-partisan support, but nothing has ever been passed. Haight says this has been due to fear of government regulation and pushback from realty groups in Berrien County.

“Inspections vary from county to county… we live in an era now where people are very suspicious of government regulation and it’s not a politically popular issue–no one wants to think about home septic systems. Realtors felt that new home sales were being unfairly targeted when part of the problem was that older houses already had failing septic systems that no one was taking the time to catch. They said it was unfair for the burden to only fall to homes that had already been sold.”

Be that as it may, Michigan legislators have taken notice of the E. coli levels in the Paw Paw and Black rivers, and are starting to consider enforcing a state-wide septic ordinance. In April 2023, Senate Bills 299 and 300, as well as House Bills 4479 and 4480, are proposed to set forth design procedures and construction standards as well as require periodic inspections of private septic tanks by trained professionals from county health departments–particularly when inspecting the drain fields.

“Your drain field is where it starts mixing with the earth and getting cleansed, so if the drain field is not working properly, then the system’s not working properly. Most homeowners are not equipped to properly inspect a drain field which is why we feel a state-wide system with trained people from the health department, coming to inspect it (drain fields), needs to happen,” Haight said.

In order to go through with this, the county health department would have to receive funding from the state and be reliable for doing the testing. Most likely due to lack of funding, there is not much that the Van Buren County Health Department can do at this point to resolve the issue.

“Several years ago, we took our findings to the Van Buren/Cass health department and gave a presentation to them about what we were finding,” Haight said. “They were interested but they weren’t sure what they could do about it. At that point, we couldn’t pinpoint where the E. coli was coming from. We are going to take this data and present it to them but still, I don’t know what they can do about it.”

Tri-City Record reached out to the Van Buren/Cass District Health Department but they declined to comment.

What can we do to keep ourselves safe and what needs to be done?

Because E. coli levels appear to be the highest after heavy rainfall, Haight recommends staying away from areas of water that is high or appear brown and muddy after rain; however, clear water on dry days should still be safe for recreational activities. Being aware of the status of your septic tank is also an absolute must in order to lower the risk of contamination.

“If you live in the country, you need to be aware of your private septic system and you need to pump it every three to five years. If it’s backing up, they need to have someone look at it because their drain field may need to be worked on.”

Moving forward, Haight said that Michigan needs to follow the example of the other 49 states and implement an inspection system–one that would have to meet certain design and construction standards as well as periodic inspections.

“This is what the proposed legislation in Lansing is calling for and at Two Rivers Coalition we think that’s reasonable, it’s what we need to do. It’s ridiculous that we have so much fresh water and we are not doing a great job of protecting it and the one thing we can do is pass this state-wide ordinance for private septic systems to be inspected.”

For more information on this story and the mission of the Two Rivers Coalition, go to www.TwoRiversCoalition.org/ecolibrppr.asp.