Oakland-Macomb sewage squabble continues, as lawmakers press EGLE on water quality concerns • Michigan Advance

Lake St. Clair | Susan J. Demas

State lawmakers from Macomb and Oakland counties are pressuring the Department of Environment Great Lakes and Environment (EGLE) for action amid an ongoing dispute between the two counties over water quality.

In a letter emailed Tuesday to EGLE Director Phil Roos, state Reps. Mike Harris (R-Waterford), Donni Steele (R-Orion Twp.), Mark Tisdel (R-Rochester Hills), Tom Kuhn (R-Troy), Doug Wozniak (R-Shelby Twp.), Joseph Aragona (R-Clinton Twp.), Alicia St. Germaine (R-Harrison Twp.), Jay DeBoyer (R-Clay Twp.) and Jaime Greene (R-Richmond) calling for action on alleged wastewater discharge permit violations at the George W. Kuhn Retention Treatment Basin.

Wozniak and other Macomb County Legislators previously joined with Macomb County Public Works Commissioner Candice Miller and County Commission Chair Don Brown in calling on EGLE to delay renewing Oakland County’s wastewater discharge permit until the county commits to addressing sewage discharges into the Red Run Drain, which flows for 130 miles through both counties.

Oakland County operates on a combined sewage system where stormwater and wastewater flow into one pipe, where it is transported to the Detroit Wastewater Treatment Plant.

However, excessive rainfalls and snowmelt can flood combined sewage systems, flushing wastewater and sewage into nearby waterways. While these overflows can contain both treated and untreated sewage, Oakland County operates multiple retention treatment basins, including the George W. Kuhn facility where wastewater is stored, screened and disinfected prior to discharge to the Red Run Drain.

In a letter to Roos sent in June, Miller argued the discharged waste received only partial treatment, and contributed to problems including a stench at the Red Run Drain, forcing beach closures and contributing to the growth of large masses of algae downstream in Lake St. Clair.

Miller also pointed to multiple incidents as examples of permit violations, including the discovery of sanitary wipes hanging from bushes along the Red Run Drain in March 2020 following an overflow in January the same year. She also cited another discharge in August 2023, where a discharge left the areas littered with sewer wipes, rubber gloves and condoms. Miller also pointed to incidents in May and June of 2024 where the George W. Kuhn facility allegedly discharged wastewater with levels of E. Coli bacteria far above what its permit allows.

In an email to the Advance in August, EGLE spokesperson Hugh McDiarmid Jr. said the George W. Kuhn facility met all federal and state regulations regarding the discharge of treated combined sewer overflows.

The facility’s wastewater discharge permit expired on Oct. 1, 2023, but has been extended while the reissued permit is being drafted, McDiarmid said, noting that while the permit allows for the discharge of treated combined sewer overflows, it does not allow for the discharge of untreated overflows.

According to a report on the George W. Kuhn facility’s most recent discharge recorded in EGLE’s list of overflows, there are no untreated outfalls associated with the facility.

EGLE is also determining if any additional steps will need to be included in the draft reissued permit, McDiarmid previously told the Advance.

While the lawmakers’ letter said EGLE staff had presented “possible solutions” for the George W. Kuhn facility’s National Pollution Discharge Elimination System permit during a meeting, they argued these solutions did not go far enough in preventing Combined Sewer Overflow discharges from Oakland County.

When asked about what these proposed solutions would entail, McDiarmid declined to share specifics as details could change as the permit comes together.

In an email last week, EGLE spokesperson Jeff Johnston told the Advance that the department had received the lawmakers’ letter and would review it in full detail.

The current permit remains in effect and is in the process of being revised as part of the normal permit update process, with the draft set to be released in the upcoming months for public review and input, Johnston said.

While EGLE continues to outline an updated permit, officials have continued to butt heads over outflows from the Oakland County facility, with St. Germaine introducing a bill — House Bill 5918 — creating a fine of $5 million or 20 cents a gallon, whichever is greater, for counties that discharge waste, waste effluent, untreated or partially treated sewage in violation of permit limits or if it impacts a watershed in a neighboring county.

St. Germain also put forth a bill —House Bill 5917 — requiring counties applying for a permit to discharge waste into state waters to obtain permission from a neighboring county as part of the permitting process if the neighboring county would be impacted. If they do not receive permission, EGLE must deny the permit.

“I worked on that compromise bill closely with Macomb County Public Works Commissioner Candice Miller, and I’m proud to say that I’ve also organized a large group of Republican lawmakers – including even some from Oakland County – as co-sponsors on that compromise bill,” St. Germaine said in a statement.

“My preference is that we work together. But the penalties bill is the hammer if Oakland County rejects the compromise plan,” St. Germaine said.

In September, Oakland County Water Commissioner Jim Nash and Oakland County Board Chairman David T. Woodward held a press conference pushing back against accusations they had been negatively affecting the water quality in Macomb County.

“We operate the GWK facility under stringent environmental permits, with staff on-site 24/7 during heavy rains to ensure compliance,” Commissioner Nash said in a statement. “Our facility follows all relevant laws, including the Clean Water Act, and we work in close partnership with EGLE to ensure we’re meeting or exceeding standards. The water leaving this facility is fully treated after being screened, settled and disinfected with chlorine.”

Nash and Woodward also pushed back against St. Germaine’s proposals saying they could cost residents billions of dollars in fines, subject operators to jail time and allow local elected officials to control the National Pollutant Discharge Elimination System (NPDES) permits of neighboring communities without proven benefit to water quality.

Additionally, Nash argued there was no correlation between the operations at the Oakland County retention basin, instead pointing to animal waste and fertilizer runoff as the cause for beach closures and algae growth on Lake St. Clair.

The United States Army Corps. of Engineers launched a two-year study alongside Macomb County in 2023 in order to determine the source of mats of algae and what conditions allow it to flourish, seeking to develop a plan to manage it.

Macomb County officials have pushed back against Nash’s argument arguing that the process of skimming, settling and applying bleach to waste used in retention basins are less comprehensive than the processes used by full wastewater treatment facilities like the one in Detroit.

The Oakland County Water Resources Department did not respond to a Michigan Advance request for an interview.

In an emailed statement, Miller voiced her gratitude for the lawmakers’ letter to EGLE.“Allowing [combined sewer overflows] to continue to contaminate our waterways is very antiquated thinking and certainly Michigan, as the Great Lakes State, should not permit it. There’s nothing partisan about protecting water quality, so I’m very grateful for the sincere and serious concern shown by the legislators who sent that letter to EGLE’s director and I’m hopeful that it leads to significant changes to protect our waterways for current and future generations,” Miller said.

YOU MAKE OUR WORK POSSIBLE.

by Kyle Davidson, Michigan Advance October 28, 2024

Our stories may be republished online or in print under Creative Commons license CC BY-NC-ND 4.0. We ask that you edit only for style or to shorten, provide proper attribution and link to our website. AP and Getty images may not be republished. Please see our republishing guidelines for use of any other photos and graphics.

Kyle Davidson covers state government alongside health care, business and the environment. A graduate of Michigan State University, Kyle studied journalism and political science. He previously covered community events, breaking news, state policy and the environment for outlets including the Lansing State Journal, the Detroit Free Press and Capital News Service.

Michigan Advance is part of States Newsroom, the nation’s largest state-focused nonprofit news organization.