Department of Environmental Quality v. Worth Township
491 Mich. 227
Mich.2012Background
- DEQ filed suit against Worth Township under NREPA Part 31 to prevent raw sewage discharges into state waters.
- No municipal sewerage system exists in Worth Township; contamination stems from privately owned septic systems within the township.
- DEQ conducted water quality surveys in 2003, 2006, and 2008 showing fecal coliform and E. coli in surface waters.
- Discharges originate from private properties along Lake Huron, with some direct discharges into Lake Huron; many septics are old and failing.
- 2004 district compliance agreement required Worth Township to construct a municipal sewerage system by 2008, which did not occur.
- Court of Appeals reversed trial court, holding MCL 324.3109(2) precludes municipal liability for private-origin discharges; majority’s reading conflicted with historical obligations.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether MCL 324.3109(2) can hold a municipality liable for private-origin raw sewage | DEQ argues the statute creates a presumption of liability for the municipality where discharge originates | Worth Township argues no liability unless the municipality caused the discharge | Yes, municipality can be held responsible under (2) when discharge originates within its borders |
| Meaning and rebuttability of the prima facie evidence in (2) | DEQ contends presumption is strong but rebuttable only if the discharge is not injurious | Worth Township contends presumption is not rebuttable by non-causation evidence | Presumption is rebuttable; municipality must show discharge not injurious or not caused by municipality |
| Role of MCL 324.3109(3) regarding non-owned sewerage systems | DEQ maintains exception applies only to owned systems not to private septic systems | Worth Township argues (3) excuses municipalities for non-owned sewerage systems | (3) provides an exception only where a municipality accepted responsibility for a non-owned sewerage system; inapplicable here but does not bar liability under (2) otherwise |
| Court’s authority to order remedial action | DEQ seeks injunctive relief to restrain violation and require compliance | Worth Township challenges scope of remedies and Headlee concerns | Trial court’s injunction to restrain and remedy the violation within Part 31 authority; remanded for further handling of remedies (Headlee-related issues) |
| Whether township can be held as a municipality under NREPA for private discharges | DEQ contends township is a municipality under MCL 324.3101(m) and liable under (2) | Worth Township disputes scope of “municipality” under the statute | Township is a municipality under NREPA and can be held responsible under (2) |
Key Cases Cited
- Dep’t of Environmental Quality v Worth Twp, 489 Mich 856 (2011) ( Michigan Supreme Court decision solidifying liability under (2))
- Dep’t of Environmental Quality v Worth Twp, 289 Mich App 414, 289 Mich App 414; 808 NW2d 260 (2010) ( Court of Appeals on rebuttable presumption and ownership of sewerage system)