MICHIGANAssociation wages battle over disposal
A Michigan Court of Appeals ruling against Gmoser’s Septic Service, Whitney Blakeslee and the Michigan Septic Tank Association set a precedent for septage disposal. The plaintiffs argued that local ordinances first banned land application, then mandated that septage pumped within the local unit of government be disposed of at the municipal facility, thus creating a monopoly free to charge an arbitrary price for the service.
The Court of Appeals ruled local governments are within their rights with the requirements. A lack of preemption in MCL 324.11715(1) allows local governments to make stricter requirements than the law states,
