Water Quality
BACKGROUND
[APRIL 1, 1998] The State of Michigan and most of its boundaries are
defined by water. The Great Lakes cover approximately 40 percent of the states
nearly 97,000 square miles of official surface area, and within state borders there are
approximately 35,000 ponds and inland lakes and more than 36,000 miles of rivers and
streams.
Michigan law protecting state waters from
pollution applies both to surface water (Great Lakes, inland lakes, streams, and
so on) and groundwater (present in subsurface sand, gravel, and rock formations).
Groundwater near the surface often has a direct hydrological link to surface
watersthat is, lakes, streams, and rivers may receive a substantial portion of their
water from groundwater sources. Contaminated groundwater may affect nearby surface and
well water.
The law defines water pollution as discharges
that impair protected water uses (e.g., swimming and boating; support of fish, wildlife
and aquatic organisms; and withdrawals for domestic, agricultural, and industrial
purposes). The primary regulatory mechanism is a permit system that requires discharges
into Michigan waters to meet water-quality standards established to prevent pollution.
Past efforts to protect water quality and water resources (fish, wildlife, water supplies)
focused on point sources of pollution (discrete discharges from municipal and
industrial wastewater treatment systems) Today there is increasing concern about pollution
from nonpoint, or diffuse, sources; examples are runoff from urban areas or farm
fields, air deposition (polluting materials in rain or snow or borne on dust-sized
particles), and chemicals being released from historically contaminated surface sites and
water sediment.
Surface Water
Overall, Michigan surface waters are of generally good qualitythat is,
pollution is relatively low, and the waters support the uses protected by law. The inland
waters of the Upper Peninsula and the northern lower peninsula and adjacent Great Lakes
watersprimarily bounded by forest landare of generally high quality.
Waters in southern Michigan tend to be of lower quality, a consequence of the
more intense agricultural, industrial, commercial, and residential land uses that occur
there; these uses are sources of both point and nonpoint water pollution.
There are some problems in the Great Lakes with
the presence of persistent (remain in the same state for a very long time or
indefinitely) toxic chemicals (e.g., DDT, PCBs, chlordane, dieldrin, mercury) that have
leached into the lakes through contaminated soil and sediment and/or entered the lakes
through atmospheric deposition. Atmospheric mercury deposition, which results from fossil
fuel being burned and waste being incinerated, is thought to be the major reason for
unacceptably high mercury levels found in fish in certain areas of the Great Lakes and in
many inland waters. The state has issued fish-consumption advisories recommending that
sensitive populations (e.g., children, and women of childbearing age) restrict their
consumption of certain species from designated waters due the concentration of mercury or
other toxic substances.
To protect state waters, Michigan has developed
water quality standards under the provisions of the state Natural Resources and
Environmental Protection Act (NREPA), P.A. 451 of 1994. Michigans water quality
standards are intended to
establish water quality requirements for
the Great Lakes and connecting waterways and all other surface waters
within Michigan jurisdiction;
protect public health
and welfare;
enhance and maintain
water quality;
protect natural resources,
and
meet the requirements
of the federal Clean Water Act and the U.S.Canada Great Lakes
Water Quality Agreement.
Michigan also is developing limits for toxic
substances found in the Great Lakes; they will be consistent with the requirements of the
federal Great Lakes Water Quality Initiative (GLI) and U.S.Canada agreements.
To determine if surface waters are meeting water
quality standards, the Michigan Department of Environmental Quality (MDEQ) employs a
monitoring and assessment program by which every state watershed is evaluated every five
years. This program examines water chemistry, evaluates fish and biologic samples,
measures the rate at which fish and micro invertebrates are incorporating toxic
pollutants, and evaluates lake and river sediment.
The most recent surface-water monitoring data
indicate that almost all Great Lakes water within Michigan jurisdiction is safe for
recreation, agriculture, domestic and industrial use, and navigation. The exceptions are a
small shoreline area that is unsafe for swimming (some Lake St. Clair beaches have been
closed intermittently, when the lake has had a high bacteria level), and portions of the
Saginaw Bay that do not meet drinking-water standards.
Areas of Concern
The Great Lakes Water Quality Agreement between the United States and Canada was signed in
1972 and amended in 1978 and 1987. Separate from the GLI, this agreement outlines programs
and practices necessary to reduce pollutant discharges to the Great Lakes system.
Forty-three specific locations, known as areas of concern (AOCs), in the Great Lakes have
been identified as having serious water quality problems; many do not meet state
standards. Michigan has the following 14 AOCs:
Five in the Upper Peninsula: Deer and
Torch lakes and Manistique, Menominee, and St. Marys rivers
Nine in the southern
lower peninsula: Muskegon and White lakes, and the Clinton, Detroit,
Kalamazoo, Raisin, Rouge, Saginaw (includes the bay), and St. Clair
rivers
Water-quality problems in these AOCs include the
presence of heavy metals (e.g., mercury, chrome), organic compounds, contaminated sediment
and the necessity for fish-consumption and wading/swimming advisories. The agreement calls
for local plans to remediate (correct the problems) these areas. Remedial action plans
have been developed and reviewed by the state for all 14 areas, and they are in various
implementation stages. State officials report that physically removing contaminated
sediment in the Raisin and Manistique rivers has been extremely helpful in improving water
quality in these areas. They also report that in both the Muskegon Lake and White Lake
areas, public education efforts involving citizen volunteerssuch as "Lake
Watch" and "Adopt-a-Stream"have been very helpful in improving water
quality.
Groundwater
Almost half of all Michigan residentsthose living in Lansing, Battle Creek,
Kalamazoo and Jackson, and rural and undeveloped areasdepend on groundwater as their
sole source of drinking water.
According to the MDEQ, there are more than 10,000
places in Michigan where groundwater is contaminated. Seventy percent of the sites have
been polluted by leaking underground oil- and gasoline-storage tanks and 30 percent by
landfills, manufacturing, mining, and bulk-chemical storage facilities. In addition,
Michigan has more abandoned wells (over one million) than any other state. An abandoned or
improperly plugged well can be a direct conduit to a groundwater aquifer that normally is
protected by an overlaying, impermeable clay layer. If contaminated surface runoff or
leaks from storage tanks reach an unplugged well, the aquifer subsequently becomes
contaminated. Despite advances in computer modeling and testing technology, groundwater
contamination is difficult to track and contain: an area that has been contaminated for
decades may be thousands of feet long and hundreds of feet wide.
Cleanup
Under both state law (part 401 of the NREPA) and federal law (Comprehensive Environmental
Response, Compensation and Liability Act, or CERLA), financial responsibility for cleaning
up contaminated groundwater usually falls to the person(s) responsible for the discharge
or spill that caused the pollution. (In certain cases, current owners of property that is
the contamination source may be liable for cleanup costs, even if they were not
responsible for the original contamination.) In many cases the parties responsible for the
original pollution cannot be found or the legal entity involved no longer exists, and the
state and/or the federal government initiates cleanup, using public funds.
State cleanup funds come from environmental bonds
approved by the voters. The former Michigan Environmental Response Act, P.A. 307 of 1982
(now part 201 of the NREPA), provides for identifying, assessing risk, evaluating, and
cleaning up contaminated sites. Most of the nearly 2,700 sites on the "Act 307"
list involve groundwater contamination; Oakland, Macomb, and Wayne counties have the
mosteach more than 500. The list, which is available from the MDEQ and accessible on
the departments Web site, is updated every six months.
Federal cleanup dollars are allocated from the
so-called Superfund, which is generated from fees assessed on certain industries. Michigan
has 79 sites on the Superfund list, meaning that these sites have been determined by the
EPA to be sufficiently polluted to merit federal money for remedial action. Only two
states have more sites in the Superfund program.
Regulation
The EPA regulates groundwater quality through federal pollution-prevention
statutesprimarily the Resource Conservation and Recovery Act (RCRA), Toxic
Substances Control Act, and Safe Drinking Water Actand CERCLA standards.
Other statutes pertaining to groundwater quality
are the federal and state Safe Drinking Water acts and the Michigan Solid Waste Management
Act; the latter is similar to the federal RCRA and sets design and permit standards for
public and private solid-waste facilities. The federal drinking water act was amended in
1997 and now requires states to monitor all groundwater wells that serve more than one
household. The MDEQ plans to launch this monitoring effort in 1998, primarily through
county health departments. The federal act also requires that municipal and private water
suppliers disclose to the public, via water utility bills, when drinking-water quality
violations have occurred; guidance on this provision was issued in July 1997.
DISCUSSION
There has been significant improvement in water
quality in Michigan, the Great Lakes, and throughout the nation since the early 1970s,
when national standards were adopted and a system instituted that requires anyone
discharging waste to surface waters to obtain a permit to do so.
Although continuous point-source discharges now
are regulated, there still is the serious problem of municipal sewer systems. In the
older, combined sewer systems, untreated waste intermittently is discharged,
following substantial rain or snowmelt, into a nearby water body; in the newer, separate
sewer systems, storm waterwhich picks up pollution as it runs off streets,
lawns, commercial establishments, and factorieswashes into storm drains and directly
into nearby surface water. Another problem is nonpoint pollutionalso a runoff
problem but occurring in rural as well as urban areaswhich largely is uncontrolled
in Michigan and across the nation.
Combined Sewer Overflows
Combined sewers carry storm water, domestic sewage and industrial waste to a wastewater
treatment plant in a single pipe; more than 50 Michigan communities still have such a
system. Most are more than 50 years old, and they were designed to overflow into a surface
water body when the combined flow of rainwater/snowmelt and wastewater exceeds the
pipes capacity. This means that in these 50+ communities, raw, untreated sewage and
industrial waste are discharged into surface watersand never reach the wastewater
treatment plantevery time there is substantial rainfall or snowmelt in the
systems service area. The systems were designed to overflow when pipe capacity is
exceeded, so that the pipe will not explode, nor will sewage back up into buildings.
Under current federal and state regulations,
communities must develop and implement plans to address the pollution that results when
combined sewers overflow (CSO). They may (1) construct separate pipes for storm water and
sanitary sewage or (2) build large retention basins to hold and treat excess flow arising
from substantial rainwater/snowmelt. Both approaches are very expensive. For example, just
correcting the problem of CSO discharges to the Rouge River will cost Detroit and the
older suburban communities it serves more than $1 billion. Lansing, Grand Rapids, Saginaw,
and other older Michigan cities have faced or will face similarly large expenditures in
addressing their CSO problems.
To help communities defray the expense of
improving their wastewater systems, the state participates with the federal government in
a revolving loan program. Municipalities may use the state revolving loan fund to reduce
interest rates on bonds they sell to finance the capital costs involved in correcting
their CSO problem.
In 1992, Wayne County was awarded a
several-hundred-million-dollar EPA demonstration grant to study and find solutions to
pollution problems caused by rain and snowmelt in urban areas. Eight demonstration
projects have been completed, using sewer separation and/or retention-basin construction
to control CSO discharges into the Rouge River; two-thirds of the CSO discharges to the
river remain to be addressed. Because storm-water discharge and nonpoint pollution also
are factors in the rivers degradation, the demonstration project also (1) has
developed a public education program to inform residents and businesses about the harmful
effects of storm-water discharges and nonpoint pollution and (2) is funding pilot projects
to help various communities develop approaches that will enable them to reduce these
sources of pollution to the river and thus the Great Lakes.
Communities that have begun CSO corrective
programs are encountering stiff local resistance to the high costs involved, and lawmakers
can expect them to push for more financial help from state government. If they fail to
obtain it, many communities will have to request an extension in meeting the deadline for
having the corrections in place.
Storm-Water Management
Nationwide surveys and studies indicate that storm waterwhich washes from streets,
yards, commercial establishments, and factories through storm drains directly into nearby
surface wateris a major pollution source, and in 1993 Congress took action in that
regard. Lawmakers amended federal Clean Water Act, requiring that in separate municipal
sewer systems (whereby storm-water is handled separately from sanitary and industrial
waste), storm-water discharges into a water body must be regulated. The EPA is
promulgating regulations to phase in storm-water pollution-control requirements, and in
1995 Michigan adopted the minimum Phase I federal storm-water discharge requirements. This
means that certain industries, new construction on sites larger than five acres, municipal
operations (e.g., airports), and separate storm-water systems serving a population over
100,000 must obtain a storm-water control permit.
Five Michigan cities are affected by the Phase I
regulations: Ann Arbor, Flint, Grand Rapids, Lansing, and Warren. The problem is that a
single community may have thousands of storm-water "outfalls" (pipes) that empty
into a river or lake, and putting a treatment system at each pipes end is out of the
question. The cities and state regulators are struggling to find practical and effective
ways to prevent polluted storm watertainted from the streets, yards, parking lots,
and buildings over which it has flowedfrom coursing through storm drains into nearby
surface water. The Phase I permits issued to the five cities have required them to (1)
initiate public education programs that inform people about the consequences of
inappropriately using storm drains as a way to dispose of household or commercial waste
and (2) discover and remove improper sanitary sewer connections to the storm-water system.
Even before Phase I results are evaluated, the
EPA is beginning to implement Phase II. The second phase will require virtually all the
heavily urbanized (densely populated) municipalities with separate storm water systems to
obtain a storm-water discharge permit; most such sewer systems were built in the last 50
years. Phase II draft regulations were published in January 1998 and will be finalized by
fall; they will go into effect in 2001.
The challenge in storm-water management will come
during the next few years, as the federal requirements are promulgated for storm-water
discharges in cities under 100,000 population and separate sewer systems: Among others,
they will affect almost all communities in metropolitan Detroit. (They also will affect
public agenciese.g., county road commissions and universitiesthat own or
operate a storm-water system, perhaps to drain roadways.) To help such communities, in
1997 the MDEQ instituted a voluntary general storm-water permit program that
encourages communities to use a cooperative, watershed approach to storm-water management;
the program offers them the flexibility to develop innovative management approaches that
fit local conditions, and it appears to meet most if not all the anticipated federal Phase
II requirements. Several Wayne County municipalities in the Rouge River watershed have
passed resolutions indicating their intention to apply for a general storm-water permit,
and some Oakland and Washtenaw county communities have expressed interest. The Michigan
Municipal League supports the states voluntary permit program because it allows
communities flexibility in designing their programs.
Great Lakes Water-Quality Concerns
The Great Lakes Water Quality Initiative (GLI) was launched by the EPA in 1995, to put
into effect agreement among the eight Great Lakes states on establishing uniform limits on
certain pollutants; this is important because it will provide consistency in state
regulations, taking away the incentive for companies and industries to locate in a state
because it has weaker regulations than another. Of special concern are persistent toxic
chemical compounds known to bioaccumulate in fish and other animals. These compounds,
known as bioaccumulative chemicals of concern, are targeted because (1) the EPA and Great
Lakes states believe the Great Lakes system has unique physical, chemical, and biological
characteristics that warrant special protection, and (2) there is documented evidence of
environmental harm to the Great Lakes ecosystem from the past and continuing presence of
these pollutants.
Michigan, Wisconsin, and Indiana already are
implementing the agreements terms, which include establishing uniform standards for
waste disposal and imposing strict limits on chemicals that may be discharged into the
Great Lakes. The other Great Lakes states (New York, Pennsylvania, Ohio, Minnesota, and
Illinois) are in the process of adopting regulations. An emerging issue related to the GLI
will be whether regulations will be implemented consistently among the states.
Another Great Lakes water-quality issue concerns
whether chlorine and chlorine-containing compounds should be banned from use as an
industrial feedstock (raw material used for industrial processes). In 1991 the
International Joint Commission (IJC), a group of U.S. and Canadian officials, recommended
discussing this issue as part of a broader recommendation to eliminate persistent toxic
compound discharges anywhere in the Great Lakes basin (the region drained by the five
lakes). The recommendationwhich has generated heated debate between certain
environmental organizations and industry representativeswas based in part on
preliminary research that indicates that a wide range of chlorine-containing compounds may
be causing abnormalities observed in certain Great Lakes species. The EPA believes that
the relationship of chlorine compounds to the observed problems needs further study, and
Environment Canada indicates that it believes there is not enough scientific evidence to
support such a ban.
Although no action has been taken on this issue
at the state level, discussions may resurface in connection with the GLI and concern about
toxic pollutants. The Michigan Manufacturers Association and other industry groups oppose
banning chlorine because it is a widely used, efficient building block for several
chemical products.
Pollution Prevention
Certain water-pollution problems cannot effectively be addressed through the traditional
approach of relying on treatment to remove contaminants before waste water is discharged
into rivers or lakes. Some pollution simply must be reduced and some prevented. For
example, one way to manage storm water is to induce homeowners, industrial and commercial
establishments, and public road agencies to reduce (or better yet, eliminate) their use of
contaminants that can reach surface waters in rain and snowmelt. For toxic chemicals that
bioaccumulate, it is very difficult (if not impossible) to reduce or remove even small
concentrations through wastewater treatment. For these, the only effective control is to
prevent them from entering the wastewater system in the first place. The MDEQ has
established several programs in which various industry segments voluntarily develop
pollution-prevention programs that will reduce the waste they generate that eventually
must be disposed into the water, air, or a landfill.
See also Agriculture;
Air Quality; Environmental
Audits; Environmental Quality Indicators; Great
Lakes Concerns; State-Local Relations.
FOR
ADDITIONAL INFORMATION
Environmental Reference Desk
Great Lakes Information Network
http://www.great-lakes.net/envt/
Great Lakes Natural Resource Center
National Wildlife Federation
506 East Liberty Street
Ann Arbor, MI 48104-2210
(734) 769-3351
(734) 769-1449 FAX
www.nwf.org/resourceLibrary/index.cfm?officeID=F7439239-65BF-0A01-01BD9365CEBF53C0
Groundwater Education in Michigan Consortium
www.gem.msu.edu/gem/aboutgem.html
Institute of Water Research
Michigan State University
115 Manly Miles Building
1405 South Harrison Road
East Lansing, MI 48823
(517) 353-3742
(517) 353-1812 FAX
www.iwr.msu.edu
Michigan Manufacturers Association
P.O. Box 14247
Lansing, MI 48901-4247
(517) 372-5900
(517) 372-3322 FAX
Surface Water Quality Division
Michigan Department of Environmental Quality
P.O. Box 30273
Lansing, MI 48909-7773
(517) 373-1949
(517) 373-9958 FAX
www.michigan.gov/deq/0,1607,7-135-3313_3682---,00.html
[See especially, "Water Quality and Pollution Control in Michigan:
1996 Report," Michigan 305(b) report to U.S. Environmental Protection
Agency]
Wayne County Rouge Program Office
220 Bagley Avenue, Suite 920
Detroit, MI 48226
(313) 961-0700
(313) 961-1762 FAX
www.rougeriver.com
CONTENT CURRENT AS OF
APRIL 1, 1998.
Copyright 1998 Public Sector Consultants, Inc.