PUBLIC HEALTH CODE
Act 368 of 1978
333.12752 Public sanitary sewer systems; declaration of necessity.
Sec. 12752.
Public sanitary sewer systems are essential to the health, safety, and welfare of the people of the state. Septic tank disposal systems are subject to failure due to soil conditions or other reasons. Failure or potential failure of septic tank disposal systems poses a threat to the public health, safety, and welfare; presents a potential for ill health, transmission of disease, mortality, and economic blight; and constitutes a threat to the quality of surface and subsurface waters of this state. The connection to available public sanitary sewer systems at the earliest, reasonable date is a matter for the protection of the public health, safety, and welfare and necessary in the public interest which is declared as a matter of legislative determination.
History: 1978, Act 368, Eff. Sept. 30, 1978
PopularName Notes:
Act 368
Notes of Decisions
Lake Isabella Dev., Inc v. Vill. of Lake Isabella, 675 N.W.2d 40 (Mich. Ct. App. 2004).
· cites it 4× “*50 The only law cited to reinforce either position is a reference to MCL 333.12752. MCL 333.12752 is a legislative declaration that septic tanks are less safe than public sanitary sewer systems.”
Wheeler v. Shelby Charter Twp., 697 N.W.2d 180 (Mich. Ct. App. 2005).
“A unit of local government may institute a user fee, however, without violating the Headlee Amendment because, rather than being an exercise of the unit’s power to tax, it is an exercise of the unit’s police power to regulate the public health, safety, and welfare.”
Vill. of Peck v. Hoist, 396 N.W.2d 536 (Mich. Ct. App. 1986).
“This cause of action was filed to enforce a village ordinance, and compliance with plaintiffs request has been declared as a matter of legislative determination as "a matter for the protection of the public health, safety, and welfare and necessary in the public interest,” MCL…”
Bingham Farms v. Ferris, 384 N.W.2d 129 (Mich. Ct. App. 1986).
“The connection to available public sanitary sewer systems at the earliest, reasonable date is a matter for the protection of the public health, safety, and welfare and necessary in the public interest which is declared as a matter of legislative determination.”
Duverney v. Big Creek-mentor Util. Auth., 677 N.W.2d 836 (Mich. 2004).
“It provides further: The connection to available public sanitary sewer systems at the earliest, reasonable date is a matter for the protection of the public health, safety, and welfare and necessary in the public interest which is declared as a matter of legislative…”
Oshtemo Residents Ass'n Inc v. Oshtemo Charter Twp. (Mich. Ct. App. 2023).
“See MCL 333.12752 (“The connection to available public sanitary sewer systems at the earliest, reasonable date is a matter for the protection of the public health, safety, and welfare and necessary in the public interest which is declared as a matter of legislative determination.”
Charter Twp. v. Woodland Mobile Home Manor, Assocs., 413 N.W.2d 732 (Mich. Ct. App. 1987).
“MCL 333.12752; MSA 14.15(12752) states that public sanitary sewer systems are necessary for the protection of the public health, safety, and welfare: Public sanitary sewer systems are essential to the health, safety, and welfare of the people of the state.”
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