On October 29, 2008, Ingham County Circuit Court Judge Joyce A. Draganchuk ruled that Worth Township in Sanilac County must take the necessary steps to stop the unauthorized discharge of raw and/or partially treated sewage from the pervasive failure of septic tank and tile field systems within the boundaries of the township.

The Michigan Department of Attorney General filed the lawsuit upon the Department of Environmental Quality's request after the department's attempts to resolve the matter administratively were unsuccessful. The DEQ initially conducted a Sanitary Wastewater Survey on May 1, 2003, that showed water samples collected in the township near Lake Huron contained high concentrations of E. coli and fecal coliform bacteria associated with human sewage. Additional surveys conducted within the township in 2006 and 2008 also showed high concentrations of E. coli and fecal coliform that pose a significant threat to the health of the community, and to the waters of the state.

Evidence displayed during the court hearings demonstrated that the conditions in Worth Township were caused by more than just a few septic systems in the township.

"I hope that the Judge's ruling in this case compels Worth Township to finally meet its legal obligations to address these widespread septic system failures and keep their community clean and safe," said DEQ Director Steven E. Chester.

Judge Draganchuk's ruling stated that Worth Township's solution must be systematic and not done on a household by household basis. The judge directed the DEQ and the township to agree to a final order that would lay out in detail how the township would work to resolve the problem as described in her decision; however, as Worth Township has not agreed to the language of the final order the DEQ has developed, the department must now file a Motion for Entry of an Order asking the court to compel the township to undertake the actions necessary to protect its citizens and the waters of the state.

Editor's note: DEQ news releases are available on the department's Internet home page at www.michigan.gov/deq.

"Protecting Michigan's Environment, Ensuring Michigan's Future"

Revised November 20, 2008 by Pat Watson