Municipality liable for discharge
The Michigan Supreme Court has concluded
a municipality can be held liable for,
and is required to prevent,
a discharge that originates within its borders,
even when the discharge is by a private party.
Locations with failing septic systems on private properties
create oversaturated drain fields with raw sewage
leaking into ditches and streams.
Part 31 of the Natural Resources
and Environmental Protection Act
(“NREPA”), provides for water resources protection.
On May 17, 2012, the Michigan Supreme Court
released its decision in
Department of Environmental Quality
versus Worth Township.
In Worth, the Michigan Department of Environmental Quality
(“DEQ”) filed suit against Worth Township (the “Township”).