DEPARTMENTS OF TRANSPORTATION, CONSUMER AND INDUSTRY SERVICES, AND

                         ENVIRONMENTAL QUALITY

                         SUBDIVISIONS OF LAND


(By authority conferred on the director of the  department  of  environmental 
quality by section 105 of Act No. 288 of the Public Acts of 1967, as amended, 
being §560.105 and section 2226 of Act No. 368 of the Public Acts of 1978, as 
amended, being §333.2226 of the Michigan Compiled Laws.  Each part  of  these 
rules is promulgated separately by the department whose name appears  in  the 
designation of that part.)


      PART 4. DEPARTMENT OF ENVIRONMENTAL QUALITY ON-SITE WATER SUPPLY AND
           SEWAGE DISPOSAL FOR LAND DIVISIONS AND SUBDIVISIONS

R 560.401    Definitions.
  Rule 401.  As used in this part:
  (a)  "Alternative system" means a treatment and disposal  system  which  is 
not a conventional system and provides for an equivalent or better degree  of 
protection for public health and the environment than a conventional system.
  (b)  "Approval for the suitability of an  on-site  water  supply"  means  a 
written statement confirming that an adequate quantity and quality  of  water 
is available from a protected source in accordance with R 560.404  issued  by 
the department to a property owner or the owner's designated representative.
  (c)  "Approval for the suitability of  on-site  sewage  disposal"  means  a 
written statement or on-site sewage disposal  permit  in  accordance  with  R 
560.416 issued by the  department  to  the  property  owner  or  the  owner's 
designated representative.
  (d)  "Available sanitary sewer facilities" means sanitary sewers determined 
accessible upon consideration of the following factors:
  (i)  The distance  from  the  proposed  development  site  to  the  nearest 
existing public services or planned public services that are to be installed.
  (ii)  The capacity of the existing public sanitary sewer system.
  (iii)  The policy of the local governing body on utility extensions.
  (iv)  The service areas denoted in the community's comprehensive sewer  and 
water plan, if a plan is available.
  (e)  "Certified professional  geologist"  means  a  professional  geologist 
certified by The American Institute of Professional  Geologists,  7278  Vance 
Drive, Suite 103, Arvada, Colorado 80003.
  (f)  "Certified professional soil  scientist"  means  a  professional  soil 
scientist certified by ARCPACS, 677  South  Segoe  Road,  Madison,  Wisconsin 
53711.
  (g)  "Conventional system" means an on-site sewage treatment  and  disposal 
system that contains a watertight septic tank with nonuniform distribution of 
effluent to subsurface soil trenches or an absorption bed  on  sites  meeting 
the criteria contained in R 560.418 to R 560.422.
  (h)   "Deep  cut  excavation"  means  the  excavation  of  unsuitable  soil 
materials below the bottom of the final disposal system to depths more than 6 
feet below natural grade to expose acceptable underlying soils.
  (i)  "Department" means the department of  environmental  quality,  a  city 
health  department,  a  county  health  department,  or  a  district   health 
department, whichever has jurisdiction.
  (j)  "Development site" means any parcel or lot as defined by  section  102 
of the land division act, Act 288 of the Public Acts  of  1967,  as  amended, 
being §560.102 of the Michigan Compiled Laws.
  (k)  "Drains" means man-made excavations, piping,  or  both,  that  collect 
groundwater or surface water, and includes road ditches, county  drains,  and 
footing drains.
  (l)  "Drop-off" means a man-made cut or natural slope where side  slope  is 
in excess of 50% and which contains semi-impermeable layers  that  may  cause 
percolating water to vent to the surface.
  (m)  "Floodplain" means the area of land adjoining  a  surface  water  that 
will be inundated by a 100-year flood.
  (n)  "Groundwater" means the water in the ground that is  in  the  zone  of 
saturation.
  (o)  "High groundwater elevation" means the uppermost part of the  soil  or 
underlying material wholly saturated with water.  The term  includes  perched 
and apparent conditions that are seasonally saturated for a  time  period  in 
excess of two weeks, or permanently saturated.
  (p)  "Licensed professional engineer" means a professional  civil  engineer 
who is licensed under article 20 of the occupational code,  Act  299  of  the 
Public Acts of 1980, being §§399.2001 to 339.2014 of  the  Michigan  Compiled 
Laws.
  (q)  "Lot" means a measured portion of a parcel or tract of land as defined 
by section 102 of the land division act, Act 288 of the Public Acts of  1967, 
being §560.102 of the Michigan Compiled Laws.
  (r)  "Peak water demand" means the maximum water use rate  in  gallons  per 
minute.
  (s)  "Preliminary plat" means a map as defined by section 102 of  the  land 
division act, Act 288 of the Public Acts  of  1967,  being  §560.102  of  the 
Michigan Compiled Laws.
  (t)  "Primary maximum contaminant level" means the concentration level of a 
contaminant above which consumption of the water poses a health risk.
  (u)  "Professional surveyor" means a professional surveyor  licensed  under 
article 20 of the occupational code, Act 299 of  the  Public  Acts  of  1980, 
being §§339.2001 to 339.2014 of the Michigan Compiled Laws.
  (v)  "Public sewer" means a sewerage system as defined in section  4101  of 
Act No. 451 of the Public Acts of 1994, as amended, being  §324.4101  of  the 
Michigan Compiled Laws.  Public sewerage systems  are  generally  those  that 
collect and treat sanitary  sewage  generated  by  2  or  more  dwellings  or 
structures not under the same ownership.
  (w)  "Public water" means a public water supply as defined in section  2(o) 
of Act No. 399 of the Public Acts of 1976, as amended, being §325.1002(o)  of 
the Michigan Compiled Laws.
  (x)  "Registered sanitarian" means a person that is registered  under  part 
184 of Act No. 368 of the Public  Acts  of  1978,  being  §333.18401  of  the 
Michigan Compiled Laws.
  (y)  "Registered well drilling contractor" means  a  contractor  registered 
under part 127 of Act No. 368 of the Public Acts of 1978,  being  §§333.12701 
to 333.12715 of the Michigan Compiled Laws.
  (z)   "Sanitary  sewage"  means  water  and  contaminants  discharged  from 
sanitary conveniences, including bathroom,  kitchen,  and  household  laundry 
fixtures  of  dwellings,  office  buildings,  industrial  plants,  commercial 
buildings, and institutions.  Commercial laundry wastes  and  industrial  and 
commercial processes are not considered sanitary sewage.
  (aa)  "Secondary maximum contaminant level" means the  concentration  level 
of a constituent above which the constituent adversely affects water  quality 
properties, such as taste, odor, corrosivity, or scale production.
  (bb)  "Soil mottling," also known as redoximorphic features, means spots or 
blotches of contrasting colors, such as, but not limited to, gray or brown or 
gray and brown colors in close proximity, that are formed in the soil  matrix 
by the processes of reduction,  translocation,  and  oxidation  of  iron  and 
manganese compounds in soils that have been periodically saturated.
  (cc)  "Soil permeability" means the  rate  at  which  liquid  passes  in  1 
direction through the soil material under saturated conditions.
  (dd)  "Soil structure" means the  morphological  aggregates  in  which  the 
individual soil particles are arranged.
  (ee)   "Soil  textural  class"  means  the  United  States  department   of 
agriculture (USDA) classification system and  refers  to  the  coarseness  or 
fineness of the soil relative to the proportion of sand, silt, and clay.
  (ff)  "Subsurface" means  below  the  natural  or  altered  ground  surface 
elevation.
  (gg)  "Suitable absorption area" means the  portion  of  a  lot  which  has 
acceptable soils that remains for construction of a conventional system after 
identified limiting surface and subsurface features, applicable setbacks, and 
isolation distances have been excluded.
  (hh)  "Suitability" means  the  presence  of  site  conditions  that  could 
warrant the development of an on-site sewage treatment and disposal system or 
on-site water supply system that is in compliance with these rules.
  (ii)  "Surface water" means any of the following:
  (i)  The Great Lakes and their connecting waterways.
  (ii)  Inland lakes.
  (iii)  Rivers.
  (iv)  Streams.
  (v)  Impoundments.
  (vi)  Perennial open drains.
  (vii)  Any other watercourses within  the  jurisdiction  of  the  state  as 
defined in section 3101 of Act No.  451  of  the  Public  Acts  of  1994,  as 
amended, being §324.3101 of the Michigan Compiled Laws.
  (jj)  "Test well" means a well  that  is  used  to  obtain  information  on 
groundwater quantity, quality, or aquifer characteristics for the purpose  of 
designing or operating a water supply well.

  History: 1979 AC; 2001 AACS.


R 560.402    Preliminary plats.
  Rule 402. The owner or a designated representative shall submit 3 copies of 
a preliminary plat drawing to the department for review. A  preliminary  plat 
drawing shall include all of the following information:
  (a)   Existing  and  proposed  5-foot  contour  intervals.  For  waterfront 
property, or where the  high  groundwater  elevation  is  within  6  feet  of 
existing or proposed finished ground surface, the preliminary plat shall show 
existing and proposed 2-foot contour intervals. The department may waive  the 
requirements for contours if a lot in the subdivision is more than 1  acre.   
If extensive cutting or filling of  land  is  anticipated  that  will  affect 
building sites and sewage disposal facilities in the areas involved, then the 
plans shall indicate  the  cutting  or  filling.   The  owner  or  designated 
representative shall specify the type  of  fill  material  to  be  used  when 
filling is anticipated.
  (b)  The location of all of the following,  either  existing  or  proposed, 
within or adjacent to the area to be platted:
  (i)  Rivers.
  (ii)  Streams.
  (iii)  Creeks.
  (iv)  Lakes.
  (v)  County drains.
  (vi)  Other subsurface drains.
  (vii)  Lagoons.
  (viii)  Slips.
  (ix)  Waterways.
  (x)  Bays.
  (xi)  Canals.
  (xii)  Artificial impoundments.
  (c)  The location of all soil evaluations performed on the site.
  (d)  Established 100-year floodplain area and  elevation  and  normal  high 
water level in the case of waterfront property.  On lakes where a legal level 
has been established, the plat drawing shall show the legal level.
  (e)  The location of existing facilities and structures, including, but not 
limited to, all of the following:
  (i)  Buildings.
  (ii)  Sewage systems.
  (iii)  High-tension towers.
  (iv)  Utility easements of record or in use.
  (v)  Excavations.
  (vi)  Bridges.
  (vii)  Culverts.
  (viii)  Injection wells.
  (ix)  Oil wells.
  (x)  Gas wells.
  (xi)  Water wells.
  (xii)  Underground storage tanks.
  (f)  Building setback lines from road, waterfront, or lot  lines  if  lines 
are established or proposed.
  (g)  The department may require the location of proposed  individual  wells 
to be shown.

 History: 1979 AC; 2001 AACS.


R 560.403    Site reports; contents.
  Rule 403.  For a subdivision, the owner or designated representative  shall 
submit 3 copies of a site report to the  department.   A  site  report  shall 
include all of the following information:
  (a)  The name and location of proposed plat.
  (b)  The names and addresses of the proprietor of the preliminary plat  and 
the licensed professional engineer or professional  surveyor  submitting  the 
site report.
  (c)   A  statement  of  intended  use  of  the  proposed  plat,   such   as 
single-family,  2-family,  and  multiple  residential  housing;   commercial; 
industrial; recreational; or agricultural.
  (d)  A statement of the type of water and sewage system to be provided.
  (e)  A statement of the existing use of adjacent property and intended  use 
of adjacent undeveloped land, if known, including any  adjacent  public-owned 
lands.
  (f)  The results of all soil profile evaluations performed on the site.
  (g)  A statement of the  site  suitability  for  on-site  water  supply  or 
on-site sewage disposal according to R 560.404 and R 560.416.

  History: 1979 AC; 2001 AACS.


R 560.404    Approval for suitability of on-site water supply.
  Rule 404.  Before issuing an approval for the  suitability  of  an  on-site 
water supply for a development site that is less than 1 acre  in  size  or  a 
subdivision, the department shall have evidence  that  a  potable,  adequate, 
reliable, and protected on-site water supply has been or can be developed  on 
the parcel as prescribed in these rules.

  History: 1979 AC; 2001 AACS.


R 560.405    Water well or test well on parcel.
  Rule 405.  The completion of a sufficient number of  water  wells  or  test 
wells on the parcel and submittal of water well records for the  water  wells 
or test wells under section 12707 of Act No. 368 of the Public Acts of  1978, 
as amended, being §333.12707 of the Michigan Compiled Laws, and submittal  of 
water sample results or the submittal of other hydrogeological information to 
the department constitutes evidence for determining  the  suitability  of  an 
on-site water supply.

  History: 1979 AC; 2001 AACS.


R 560.406    Water well records and water sample  results  for  well  not  on 
parcel.
  Rule 406.  If a water well or test well  has  not  been  completed  on  the 
parcel, then  water  sample  results  or  other  hydrogeological  information 
pertaining to existing wells in the vicinity of the parcel which demonstrates 
that the proposed on-site water supply will likely result in compliance  with 
these rules constitutes evidence of suitability.  If well record data,  water 
sample results, and hydrogeological information are not available, or if  the 
data indicate that unsuitable groundwater quantity or quality may exist, then 
the department shall either reject the development site of less than  1  acre 
in size or proposed subdivision  under  R  560.428  or  issue  a  conditional 
approval with a recorded deed restriction under R 560.426.

 History: 2001 AACS.


R 560.407    On-site water supply construction criteria.
  Rule 407.  An on-site water supply shall meet the location and construction 
standards in R 325.1601 to R 325.1676.

  History: 2001 AACS.


R 560.408    Well protection.
  Rule 408. The owner shall be responsible for the construction of an on-site 
water supply that is free  from  sources  of  contamination.   The  following 
methods shall be given consideration:
  (a)  Penetration of an  impervious  layer  which  is  of  sufficient  areal 
extent, but which is not less than 10 feet thick.
  (b) Maintaining a minimum of 50 feet from the static  water  level  to  the 
bottom of the casing or top of the screen in an unconfined aquifer.
  (c)  An increase in the minimum horizontal isolation distance  between  the 
well and a source from which groundwater contamination may occur.
  (d)  A combination of the methods in subdivisions (a), (b), and (c) of this 
subrule or  another  method  that  the  department  determines  will  provide 
adequate protection for the on-site water supply.

 History: 2001 AACS.
 

R 560.409    Prohibited water sources for new dwellings.
  Rule 409. The owner or designated representative shall not obtain water for 
drinking or household purposes that is  intended  to  furnish  new  dwellings 
located on a development site  that  is  less  than  1  acre  in  size  or  a 
subdivision from any of the following:
  (a)  A dug well.
  (b)  A crock well.
  (c)  A hauled water system.
  (d)  A cistern.
  (e)  A surface body of water.
  (f)  A spring.
  (g)  Any other similar device.

 History: 2001 AACS.


R 560.410     Deviations  to  decrease  minimum  casing  depth  or  isolation 
distances prohibited.
  Rule 410.  The department shall not grant deviations  to  decrease  minimum 
casing depth or to decrease minimum isolation distances under R 325.1613  for 
development sites less than 1 acre in size or subdivisions.

 History: 2001 AACS.


R 560.411    Yield or performance testing.
  Rule  411.   A  registered  water  well  drilling  contractor   under   the 
supervision of the owner  or  the  owner's  designated  representative  shall 
perform a yield  or  performance  test  to  demonstrate  that  water  can  be 
withdrawn from an on-site  water  supply  well  for  drinking  and  household 
purposes at a sustained pumping rate which is not less than  10  gallons  per 
minute (gpm) and which meets or exceeds peak water demand for not less than a 
4-hour period of time.  If an on-site water well cannot  sustain  a  capacity 
that  meets  the  peak  water  demand,  then  the  department  shall  require 
demonstration of a combination of the known well yield and storage facilities 
that can furnish water at a delivery rate sufficient to meet the  peak  water 
demand.

 History: 2001 AACS.


R 560.412    Collection and analysis of water samples.
  Rule  412.   (1)   The  department  or  a   property   owner's   designated 
representative shall collect water samples for chemical  and  bacteriological 
analyses from each test well  or  on-site  water  supply  well  intended  for 
household purposes.
  (2)  A state-certified laboratory shall perform all water sample analyses.
  (3)  The state-certified laboratory shall perform analyses for all  of  the 
following parameters:
  (a)  Chloride.
  (b)  Fluoride.
  (c)  Hardness.
  (d)  Iron.
  (e)  Nitrate.
  (f)  Nitrite.
  (g)  Sodium.
  (h)  Sulfate.
  (i)  Coliform bacteria.
  (4)  The department may require additional sampling or allow a reduction in 
sampling for specific contaminants based on local site  conditions  or  other 
pertinent factors.

 History: 2001 AACS.


R 560.413    Adoption of standards by reference.
  Rule  413.   The  department  adopts  by  reference  in  these  rules   the 
publication entitled "Drinking  Water  Regulations  and  Health  Advisories," 
EPA-822-B-96-002, October 1996.  The publication  may  be  obtained  free  of 
charge from the Office of Ground Water  and  Drinking  Water,  United  States 
environmental protection agency, 401 M street, SW, Washington, DC 20460-0003. 
 The toll-free telephone number is 800-426-4791.  A copy of this  publication 
is available on the internet  at  http:\\www.epa.gov\OST\tools\dwstds.html.   
Copies of the adopted matter are available for inspection at the  offices  of 
the Drinking  Water  and  Radiological  Protection  Division,  Department  of 
Environmental Quality, 3423 N. Martin L. King Blvd., Lansing, Michigan 48906.

 History: 2001 AACS.


R 560.414    Primary maximum contaminant levels.
  Rule 414.  (1)  The department shall reject proposed development sites that 
are less than 1 acre in size and subdivisions if the  water  sample  analysis 
detects contaminants  in  concentrations  that  exceed  the  primary  maximum 
contaminant levels as defined in R 560.401(t).
  (2)  The department shall reject proposed development sites that  are  less 
than 1 acre in size and subdivisions if the water sample analysis  detects  a 
contaminant in  a  concentration  that  is  more  than  50%  of  the  maximum 
contaminant level and the department has determined that the  contaminant  is 
likely to exceed the primary maximum contaminant level in  the  future  after 
considering the following:
  (a)  Contaminant transport and modeling.
  (b)  Land use.
  (c)  Geology.
  (d)  Other factors that influence groundwater movement.
  (3)  If the department requires additional  analysis  under  R  560.412(4), 
then the department shall use  the  drinking  water  regulations  and  health 
advisories adopted in R 560.413  to  determine  primary  maximum  contaminant 
levels.

 History: 2001 AACS.


R 560.415    Secondary maximum contaminant levels.
  Rule 415.  If water sample analyses from  a  test  well  or  on-site  water 
supply well for a development site less than 1 acre in size or a  subdivision 
detects a contaminant in a concentration that exceeds the  secondary  maximum 
contaminant level in Table 1, then the department shall disclose by means  of 
recorded advisories according to R 560.426,  the  nature  of  the  impact  on 
drinking water quality.
Tables corresponding to rules in PDF format.
 

R 560.415: Table 1
 

 History: 2001 AACS.


R 560.416     Approval  for  suitability  of  conventional   on-site   sewage 
treatment and disposal.
  Rule 416.  Before issuing an approval for the suitability of a conventional 
on-site sewage treatment and disposal system for a development site less than 
1 acre in size or a subdivision, the department shall have evidence that site 
conditions meet these rules.

 History: 2001 AACS.


R 560.417    Soil absorption area for  conventional  treatment  and  disposal 
systems.
  Rule 417.  (1) A suitable absorption area for at least  1  original  and  1 
replacement system shall exist for each development site less than 1 acre  in 
size or each lot where  a  conventional  treatment  and  disposal  system  is 
proposed.  Location of each absorption area  shall  conform  to  the  minimum 
isolation distances found in
  (2)  The department shall establish the required minimum area available for 
a development site less than 1 acre in size or on each lot  for  initial  and 
replacement systems in accordance with the regulations of the  city,  county, 
or district health department having jurisdiction under the authority granted 
by Act No. 368 of the Public Acts of 1978, as  amended,  being  §325.1101  et 
seq. of the Michigan Compiled Laws.  For lots or development sites less  than 
1 acre in size proposed to be served by individual wells and  on-site  sewage 
disposal systems or lots or development sites less  than  1/2  acre  in  size 
proposed to be served by a public water supply and  on-site  sewage  disposal 
systems, the department may require the submission of a detailed  development 
plan by any of the following persons demonstrating competence:
  (a)  A licensed professional engineer.
  (b)  A professional surveyor.
  (c)  A registered sanitarian.
  (d) A professional approved by the department.
The professional person shall draw the detailed plan to scale with a  maximum 
2-foot contour interval, shall show the proposed design for the  initial  and 
replacement sewage disposal systems, and shall indicate the location intended 
for the home and individual water supply well.  The professional person shall 
indicate both existing and proposed contours.
The professional person shall ensure that  areas  defined  on  the  plan  for 
sewage systems and the well are at locations that are readily accessible  for 
future maintenance or replacement, or both.
Tables corresponding to rules in PDF format.
 

R 560.417: Table 2


 History: 2001 AACS.


R 560.418    Slopes.
  Rule 418.  (1)  A development site less than 1 acre in size or a lot  shall 
have sufficient areas of suitable soils in areas that have  slopes  conducive 
to the construction  of  initial  and  replacement  on-site  sewage  disposal 
systems.
  (2) If a development site less than 1 acre in size or a lot has  slopes  of 
more than 12%, then the department may require the submission of  a  detailed 
development plan by any of the following persons demonstrating competence:
  (a)  A licensed professional engineer.
  (b)  A professional surveyor.
  (c)  A registered sanitarian.
  (d)  A professional approved by the department.
The professional person shall draw the detailed plan to scale with a  maximum 
2-foot contour interval, shall show the proposed design for the  initial  and 
replacement sewage disposal systems, and shall indicate the location intended 
for the home and individual water supply well.  The professional person shall 
indicate both existing and proposed contours.
The professional person shall ensure that  areas  defined  on  the  plan  for 
sewage systems and the well are at locations that are readily accessible  for 
future maintenance or replacement, or both.
  (3)  If extensive site modifications are required to provide for areas that 
have a slope amenable to construction of the on-site sewage system, then  the 
department may require necessary site  work  to  be  completed  before  final 
recording of a subdivision or before approval for on-site sewage disposal  of 
a development site that is less than 1 acre in size.

 History: 2001 AACS.


R 560.419    Floodplains.
  Rule 419.  (1)  The  areas  for  initial  and  replacement  on-site  sewage 
disposal systems shall  have  natural  ground  surface  elevation  above  the 
elevation defining the 100-year floodplain, where a floodplain exists.
  (2)  The department shall ensure that the soil infiltrative surface of  the 
sewage disposal system is located at an elevation that is above the elevation 
defining the 100-year floodplain.

  History: 2001 AACS.


R 560.420    Soil profile evaluations for subdivisions and land divisions.
  Rule 420.  (1)  Any of the following persons demonstrating competence shall 
provide the results of soil profile evaluations to  the  department  for  the 
area designated for initial and reserve on-site sewage disposal systems:
  (a)  A licensed professional engineer.
  (b)  A professional surveyor.
  (c)  A registered sanitarian.
  (d)  A certified professional geologist.
  (e)  A certified professional soil scientist.
  (f)  A professional approved by the department.
Soil profile evaluations shall confirm the existence  of  suitable  soils  on 
each development site that is less than 1 acre in size or proposed lot.
  (2) The person conducting soil profile evaluations shall complete them to a 
minimum depth of 6 feet below the natural ground surface or 6 feet below  the 
elevation that will exist after cutting unless waived  by  the  department.   
Soil data shall be reported in accord with the United  States  department  of 
agriculture (USDA) soil classification system.   A  soil  profile  evaluation 
shall identify all of the following:
  (a)  Soil horizon depths.
  (b)  Soil texture.
  (c)  Soil structure.
  (d)  Soil mottling.
  (e)  Depth-to-high groundwater elevation or bedrock.
  (3)  The person providing the results of  soil  profile  evaluations  shall 
complete them using either soil pits or soil borings.

 History: 2001 AACS.


R 560.421    Soil suitability for conventional systems.
  Rule  421.   (1)   The  department  shall  ensure  that  soil  texture  and 
permeability conforms to the types and ranges specified in Table 3.
  (2)  To provide for adequate soil treatment capability, a minimum of 3 feet 
of unsaturated soil shall exist between high groundwater elevation or bedrock 
and the bottom of the infiltrative surface. Greater vertical  separation  may 
be required in accordance with  the  regulations  of  the  city,  county,  or 
district health department having jurisdiction under the authority granted by 
Act No. 368 of the Public Acts of 1978, as amended, being §325.1101  et  seq. 
of the Michigan Compiled Laws.   Greater  vertical  separation  may  also  be 
required where groundwater mounding underneath the soil absorption system  or 
other factors would limit the treatment to protect on-site water supplies  or 
surface waters. For lots or development sites less  than  1  acre,  the  soil 
below the infiltrative surface  of  the  absorption  system  shall  meet  the 
texture and permeability requirements of Table 3.
  (3) If the  required  3  feet  of  unsaturated  soils  cannot  be  provided 
naturally, then the department will consider proposals  for  fill.   Fill  is 
acceptable only if the depth to high groundwater  elevation  or  bedrock,  or 
both, is a minimum of 2 feet below the natural, unaltered ground surface.
Fill is only acceptable over soils  specified  in  Table  3  as  suitable  by 
texture and permeability.
  (4)  Fill materials shall consist of medium to coarse sands  in  accordance 
with the USDA classification system without excessive fines.
Fill materials may be required to be placed for both the initial and  reserve 
sewage disposal system areas before final recording of the plat  or  approval 
for on-site sewage disposal of a development site that is less than 1 acre in 
size.  Any of the following persons demonstrating  competence  shall  provide 
certification of fill materials and placement to the department:
  (a)  A licensed professional engineer.
  (b)  A professional surveyor.
  (c)  A registered sanitarian.
  (d)  A certified professional geologist.
  (e)  A certified professional soil scientist.
  (f)  A professional approved by the department.
  (5)  If filling is required, any of the following persons may  be  required 
to submit a detailed development plan as the basis for approval:
  (a)  A licensed professional engineer.
  (b)  A professional surveyor.
  (c)  A registered sanitarian.
  (d)  A professional approved by the department.
The person shall draw the detailed plan to scale showing  both  existing  and 
proposed contours that have a maximum 2-foot interval and shall indicate  the 
area for the initial and replacement sewage disposal system at locations that 
will be accessible for maintenance or replacement, or both.
Tables corresponding to rules in PDF format.
 

R 560.421: Table 3


 History: 2001 AACS.


R 560.422    Deep cut excavations.
  Rule 422.  (1)  If suitable soils, as specified in Table 3, are not present 
within the upper 6 feet of the soil profile and alternative methods of sewage 
treatment and disposal  have  been  considered  under  R  560.424,  then  the 
department may approve the use of deep cut excavations to  expose  acceptable 
underlying soils that exist within 20 feet of the natural grade.
  (2)  Acceptable underlying soils shall consist of a minimum of  4  feet  of 
soils which have a permeability of greater than 30 minutes per inch and which 
are not permanently or seasonally saturated  as  confirmed  by  soil  profile 
evaluations.
  (3)  Deep cut excavations are not allowed if the soils that are cut through 
are seasonally or permanently saturated.
Exceptions may be considered where drainage  of  groundwater  from  overlying 
soils would not be expected to adversely impact the function  of  the  sewage 
disposal system.
  (4)  Deep cut excavations are not allowed unless hydrogeologic  information 
confirms that the underlying soils being exposed  have  no  direct  hydraulic 
connection to a useable aquifer intended for drinking or household purposes.
  (5)  For deep  cut  excavations  the  department  may  require  alternative 
methods of sewage treatment.  The department may require such excavations  to 
be completed and filled with medium to coarse sands in accord with  the  USDA 
classification system before final recording of  the  plat  or  approval  for 
on-site sewage disposal of a development site that is less  than  1  acre  in 
size.  Any of the following persons demonstrating  competence  shall  provide 
certification of fill materials and placement to the department:
  (a)  A licensed professional engineer.
  (b)  A professional surveyor.
  (c)  A registered sanitarian.
  (d)  A certified professional geologist.
  (e)  A certified professional soil scientist.
  (f)  A professional approved by the department.
  (6)  The owner or owner's designated representative shall complete deep cut 
excavations over 100% of the required initial and reserve  absorption  system 
area for the upper 6 feet; however, excavations may be reduced to  a  minimum 
of 50% of the required absorption system area between 6 and 20 feet deep.

 History: 2001 AACS.


R 560.423    Proposals to lower high groundwater elevation.
  Rule 423.  (1)  The department may approve  the  use  of  a  proposal  that 
includes surface and subsurface drainage systems to control high  groundwater 
elevation conditions for a development site that is less than 1 acre in  size 
or subdivision.
  (2) Before approval, the  owner  or  his  designated  representative  shall 
install drainage systems specified in subrule (1)  of  this  rule  and  shall 
monitor high groundwater elevations during the normally wettest  time  period 
of the year and at least from March 1  to  June  1.   Any  of  the  following 
persons shall provide monitoring results to the department:
  (a)  A licensed professional engineer.
  (b)  A professional surveyor.
  (c)  A registered sanitarian.
  (d)  A certified professional geologist.
  (e)  A certified professional soil scientist.
  (f)  A professional approved by the department.
In addition, the designated person shall substantiate that  high  groundwater 
elevation has been lowered to meet the requirement of R 560.421.
  (3)  The designated person shall monitor  high  groundwater  elevations  by 
placing a  monitoring  well  at  representative  locations  approved  by  the 
department.  The designated person shall make observations on the  first  day 
of the monitoring period and at least once every 7 days thereafter until  the 
monitoring period is complete.
  (4)  The designated person shall provide representative precipitation  data 
for the time period of September 1 to May 31 and shall  supply  the  data  as 
part of the observations required in subrule (3) of this rule.
Results of high groundwater elevation monitoring are inconclusive if recorded 
precipitation totals are less than 90% of normal  averages  during  the  time 
period of September 1 to May 31.
  (5) For a proposal to lower high groundwater elevation to  be  approved  by 
the department, a county drain commissioner or other responsible governmental 
agency shall have approved the drain design and  a  responsible  governmental 
agency shall have accepted responsibility for perpetual  maintenance  of  the 
drain.

 History: 2001 AACS.


R 560.424    Alternative methods of sewage treatment and disposal.
  Rule 424.  (1)  The department may approve  an  alternative  treatment  and 
subsurface disposal system for a development site less than 1 acre in size or 
a lot deemed suitable or not suitable for a  conventional  subsurface  sewage 
system.
  (2)  The  department  of  environmental  quality  shall  provide  technical 
guidance in defining  minimum  site  suitability  and  design  and  long-term 
operation and maintenance requirements considered essential  for  the  proper 
functioning of specific alternative systems.
  (3)   The  owner  may  utilize  an  alternative  system  if  the   specific 
alternative is provided for under the regulations of  the  city,  county,  or 
district health department having  jurisdiction  and  if  the  department  of 
environmental quality has authorized the alternative system's use.

 History: 2001 AACS.


R 560.425    Industrial and commercial subdivisions.
  Rule 425.  (1)  The department may consider approval for the suitability of 
development sites less than 1 acre  in  size  or  subdivisions  intended  for 
industrial or commercial usage if both of the following conditions are met:
  (a)  The proposed development  is  strictly  limited  to  those  uses  that 
generate and dispose of on-site, sanitary sewage only.
  (b)  Quantities of sanitary sewage intended to be disposed of  are  limited 
to low volumes which have been determined to be compatible with site  or  lot 
size and soil conditions.
  (2)  Where  an  on-site  water  supply  is  proposed,  it  shall  meet  the 
requirements of Act 399 of the  Public  Acts  of  1976  being  §§325.1001  to 
325.1023 and part 127 of Act 368 of the Public Acts of 1978 being §§333.12701 
to 333.12715 of the Michigan Compiled Laws.
  (3)  The aquifer shall be protected in accordance with R 560.408 and  yield 
an adequate quantity of water for the intended usage.

 History: 2001 AACS.


R 560.426    Recorded deed restrictions and advisories.
  Rule 426.  (1)  The department may require, as a condition of approval of a 
development site that is less than 1 acre in size or a preliminary plat, that 
the owner records deed restrictions and advisories.   The  deed  restrictions 
and advisories may include any of the following:
  (a)  Minimum well construction features needed  to  provide  an  acceptable 
on-site water supply.
  (b)  Possible need for water treatment.
  (c)  An advisory to complete an on-site water supply well before  beginning 
site development.
  (d)   Other  advisory  information  needed  to  protect  public  health  or 
groundwater resources.
  (e)  Location of the sewage disposal system on the lot in relation  to  the 
property lines and structures.
  (f)  Type of fill material needed.
  (g)  Type of sewage disposal system or alternative system and  requirements 
related to design, construction, operation, and maintenance.
  (h)  Isolation above high groundwater elevation.
  (2)  Before construction of a water well, the department shall  advise  the 
owner or designated representative of the existence of  any  applicable  deed 
restrictions or advisories.

 History: 2001 AACS.


R 560.427    Variances.
  Rule 427.  (1)  A development site that is less than 1 acre in  size  or  a 
subdivision shall comply with the requirements of these rules;  however,  the 
Michigan department of environmental quality may grant a variance.
Such variances will be considered by the department of environmental  quality 
when all of the following conditions are met:
  (a)  The requirements contained within the rules cannot be met.
  (b)  Other acceptable alternatives are not available.
  (c)  The requested variance will not create  the  potential  for  a  health 
hazard, nuisance condition, or pollution of surface or groundwater.
  (d) The requested variance will not violate laws  governing  water  supply, 
water pollution, or sewage disposal.
  (2)  The proprietor shall make a request for the variance in writing to the 
department of environmental quality.
  (3) Variances granted apply only to the specific site under consideration.

 History: 2001 AACS.


R 560.428    Plat approval or rejection.
  Rule 428.  (1)  Within 30 days of receipt  of  the  preliminary  plat,  the 
department shall issue a written approval or rejection to the proprietor.
  (2)  Before issuing a rejection for the suitability  of  an  on-site  water 
supply or a sewage disposal system, the  department  shall  have  information 
that site conditions are not suitable for the development of an on-site water 
supply or a sewage disposal system that complies with these rules.
  (3)  The department shall reject a development site less  than  1  acre  in 
size or a preliminary plat if any of the following provisions apply:
  (a)  There has been a failure to provide for  connection  to  an  available 
public sanitary sewer required by the municipality  for  a  development  site 
that is less than 1 acre in size or subdivision.
  (b)  The site conditions are not suitable for  on-site  sewage  or  on-site 
water systems where 1 or both is proposed.
  (c)  Information submitted is not sufficient to make a determination as  to 
the suitability of conditions for on-site  water  supply  or  on-site  sewage 
disposal.
  (d)  The department determines that submitted information is in error  with 
respect to on-site water supply or sewage disposal in accordance  with  these 
rules.

 History: 2001 AACS.