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Michigan Supreme Court Lansing, Michigan

Opinion
DEPARTMENT OF ENVIRONMENTAL QUALITY and DIRECTOR OF THE DEPARTMENT OF ENVIRONMENTAL QUALITY, Plaintiffs-Appellants, v WORTH TOWNSHIP, Defendant-Appellee.

Chief Justice:

Justices:

Robert P. Young, Jr. Michael F. Cavanagh Marilyn Kelly Stephen J. Markman Diane M. Hathaway Mary Beth Kelly Brian K. Zahra

FILED MAY 17, 2012 STATE OF MICHIGAN SUPREME COURT

No. 141810

BEFORE THE ENTIRE BENCH HATHAWAY, J. At issue is whether a municipality such as a township can be held responsible under MCL 324.3109(2) of the Natural Resources and Environmental Protection Act (NREPA)1 for raw sewage discharged into state waters by private citizens within the township's borders. We conclude that under NREPA, a municipality can be held

1

MCL 324.101 et seq.

responsible for,2 and required to prevent,3 the discharge when the raw sewage originates within its borders, even when the raw sewage is discharged by a private party and not directly discharged by the municipality itself. Therefore, we reverse the judgment of the Court of Appeals because it interpreted MCL 324.3109(2) in a manner that precludes a municipality from being held responsible for such a discharge. We remand this case to the Court of Appeals to address defendant's remaining arguments on appeal.4 I. FACTS AND PROCEDURAL HISTORY This case arises from the contamination of surface waters within and surrounding defendant, Worth Township, including Lake Huron and several of its tributaries. Plaintiff, the Department of Environmental Quality (DEQ),5 conducted surveys of water quality in the area of concern in 2003, 2006, and 2008. The DEQ collected water samples to verify and quantify the presence and levels of fecal coliform and E. coli

2 3 4

MCL 324.3109(2). MCL 324.3115.

We do not decide the issues raised by Worth Township's two additional defenses, including whether the remedial action ordered by the trial court violates the Headlee Amendment, specifically Const 1963, art 9,

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Michigan Law