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Gmoser's Septic Service, LLC v. Charter Township of East Bay

ELR Citation: 43 ELR 20041
Nos. 30999, (Mich. Ct. App., 02/19/2013)

A Michigan appellate court held that Michigan's Natural Resources and Environmental Protection Act does not preempt a local ordinance requiring all septic tank waste collected from within a township to be taken to a specific treatment facility. Although the state legislature enacted a comprehensive and statewide scheme for the regulation of septage servicers and the disposal of septage, it specifically authorized local governments to impose stricter requirements on the disposal of septage. Because the ordinance at issue here imposes stricter requirements on the disposal of septage taken from within the township, it is not preempted.