FAQ: Part 41, Sewerage systems, Administrative Rules update

It is a city, village, township, local government, or any public serving system that sends wastewater to a treatment plant owned by another unit of government.

No. These rules do not affect other wastewater treatment certifications. If you already have a wastewater treatment certification and work in a collection system or RTB, you may qualify for restricted certifications or exams once your system is classified.

No. Mobile home communities are private systems and are not included.

Yes. Any public serving system (e.g., serve more than 1 individually owned real property) that serves more than 150 people is subject to the classification and certification requirements.

No. The rules only require classification of systems and operator certification. If a permit is developed, it will go through a public review process.

Anyone employed by or contracted by the system owner can be designated as the certified operator.

Yes. Only one certified operator is required but having more than one is encouraged. Backup operators are not required.

Only one certified operator is required after EGLE formally classifies the system.

EGLE will review each system based on criteria in the rules and will notify each community of its classification.

The earliest classifications will start in mid- to late 2028. Systems will be prioritized based on size and compliance status. This process will take several years.

After a system is classified, operators have two years to apply for restricted certification. Operators qualify if they already hold any wastewater certification and work in the system, or if they meet the required experience as stated in the rules. Restricted certifications only apply to the system where the operator currently works. If they move to a new system, they must take the exam.

Yes, if the other state also accepts Michigan’s certifications.

You can apply after EGLE has classified your system.

Each system has two years to meet the certification requirement. This can be met either by restricted certification or by someone taking and passing an examination.

Yes. Drinking water and collection system programs have different rules. You must earn the full number of credits required for collection system certification renewal.

No. The RTB operator certification requirements do not affect the other wastewater treatment plant operator certifications. If you are a certified wastewater treatment plant operator who works at an RTB, you may be able to earn a restricted certification or qualify for an RTB exam after your system has been classified.

Yes. Facilities are encouraged to have more than one certified operator on staff.

One certified operator is required for each permitted facility, but the same operator can be responsible for more than one RTB.

One certified operator is needed for the treatment plant and one for the RTB. The same person can be assigned to multiple facilities if they hold all required certifications.

EGLE will send a formal letter stating that a facility has been reclassified from Class D to Class RTB.

EGLE plans to complete reclassification within two years of the new rules, no later than April 29, 2028. Reclassification will begin once RTB exams are announced.

Facility owners have 90 days after EGLE’s notice to identify Class D or higher operators who qualify for a site-specific RTB certification. Operators without a Class D license, but who meet exam requirements, may take the RTB exam any time after reclassification.

Once a facility is reclassified, the owner identifies staff with Class D licenses to receive a site-specific RTB certification. This certification has the same education requirements as a regular RTB certification but only applies to that facility.

No. Now that a classification exists for RTBs, operators can only qualify for that exam. Moving forward, an operator must work in a wastewater treatment plant to qualify for the Class D.

The addition of Rule 35(4) requirements applies to private owned systems. These systems include non-governmentally owned systems that serve the public (e.g., serve more than 1 individually owned real property). The requirements generally include:

1. Proof of recording of documentation for the continued O&M of the wastewater system across all parcels, which is normally recorded on the deeds of all properties in the condominium,
2. A resolution and agreement from the local unit of government (LUG) accepting or not accepting responsibility for the wastewater system should the private owner fail to properly operate or maintain the system,
3. Should the LUG refuse to accept responsibility, the private owner must establish an escrow or letter of credit payable to EGLE for the continued operation and maintenance in the amount of the greater of $20,000 or 20% of the replacement cost, not to exceed $100,000, and
4. An asset management plan for the continued operation, maintenance and funding of the wastewater system.

Note: Similar, existing requirements have been required for wastewater construction permitting for privately owned systems per EGLE policy WRD-010. 

EGLE intends to implement Rule 35(4) in early 2027.