Frank Burdick’s Log Number: N/A

Submitted by: August CAC meeting, via email

Category (1,2,3): 2

Status: Closed

Estimated date to address: N/A

A. The Michigan Home Rule City Act was amended in 2002 to add Section 5j:

 

“A city, in order to protect the public health, may adopt an ordinance to provide for the separation of storm water drainage and footing drains from sanitary sewers on privately owned property. The legislative body of a city may determine that the sewer separation authorized by this section is for a public purpose and is a public improvement and may also determine that the whole or any part of the expense of these public improvements may be defrayed by special assessment upon lands benefited by the public improvement or by any other lawful charge. A special assessment authorized by this section shall be considered to benefit only land where the separation of storm water drainage and footing drains from sanitary sewers occurs.” MCL 117.5j 

Although the City Council adopted Section 2:51.1 of the Ann Arbor City Code, which governs the current footing drain disconnection program, in 2001, the amendment to the Home Rule City Act in 2002 makes clear that the ordinance and footing drain program are authorized under Michigan law.

 

Amendments in 1987 to the federal Clean Water Act require municipalities to take steps to prevent sanitary sewer overflows. Such overflows, resulting in the discharge of pollutants into the rivers and streams, would violate the City’s National Pollution Discharge Elimination System (NPDES) permit. Since the early 1980s the state construction code, which the City is obligated to follow, has prohibited connections of downspouts and footing or foundation drains to the sanitary sewer system. The City’s footing drain disconnects are consistent with those obligations. The sump pumps that are installed with the connections to the storm sewer system are no different than the sump pumps builders or contractors install – and have installed – in properties constructed since the construction code change in the early 1980s.

 

A quick search has found that other states and municipalities have adopted similar statutes and ordinances requiring properties to disconnect historic connections to the sanitary systems and connect with storm sewer systems. Some ordinances impose criminal penalties if a property owner does not disconnect stormwater discharge to a sanitary sewer; other provide that the municipality can shut off the water supply to the property if the property owner does not disconnect.

After searching case law, we have not found any administrative agency or court decision that has found a footing drain disconnection program to be illegal.