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But the township supervisor says the issue is overblown and is ready for a legal fight.

The DEQ and the township, located in the southeast corner of Sanilac County have been butting heads for years over the DEQ's demands that the township build a sewer system to address septic system failures in lakeshore communities.

The estimated cost of the system is $40 million, which breaks down to $30,000 per residence, according to Worth Township Supervisor Ed Smith.

"The lawsuit was filed after the DEQ's attempts to resolve this matter administratively were unsuccessful," Attorney General Mike Cox stated in a DEQ press release.

"It is unfortunate that the state must resort to the courts to compel a township to take corrective action."

According to the press release, the DEQ is "seeking injunctive relief requiring Worth Township to eliminate the illegal discharges of raw and/or partially treated sanitary sewage from numerous failing septic systems within the township"

State officials contend: "new sewage is appearing on residential lawns, migrating to adjacent ditches, and then discharging directly to tributaries connecting to Lake Huron. This discharge...poses a significant health threat to the citizens that are living within Worth Township, persons who travel through or visit this community, and detrimentally impacts Michigan's surface water and groundwater".

The DEQ is also "seeking injunctive relief requiring Worth Township to design and construct a sanitary sewer treatment and collection system, the only viable option for providing a long-term solution."

"If the state wants a sewer system in so bad they can put one in along with the county," said Smith. "We have to fight for the people. There is no assistance from the state, especially the DEQ.

"Truthfully I do not think it is as bad as they say...Our own health department at various times when I asked how many have faulty systems to warrant 1,300 to 2,000 homes having a sewer system - Grant (Carmen, Environmental Health Saniarian-Coordinator) told me dozens, which means less than 100. Grant and Sue (VanDyke, sanitarian) worked on it another year trying to find failing systems (and) came up with 63, the highest ever was 81," Smith said.

"It sure would be a lot cheaper than spending $40 million to fix 81 (failing systems)...I am for reasonable solutions," he emphasized.

"We have an engineer on staff who is capable of doing something different, although I don't know if that is our responsibility," Smith added.

"I certainly hope that all of the parties can begin to work together in a cooperative manner to address and resolve this important health issue. I will continue my efforts to work with Worth Township officials and the DEQ to identify the best and most cost-efficient solution to the sanitary sewage issue that has plagued the shoreline for several years," stated Sanilac County Health Officer Dianna Schafer.

She added that in her opinion the solution could includes an alternative sewer systems.

The dispute heated up in the spring of 2003 when the health department testing led the DEQ to order an expensive sewer system.

Smith said three months before a new township board took office, the board signed a district consent agreement with the DEQ regarding a sewer system.

"When we took over in November 2004 we didn't agree with the preliminary engineering study. They wanted a fresh signature and I wouldn't give them one because I didn't agree with the cost," he stated.

Smith said in March 2006 the board challenged the DEQ to invite them to an administrative hearing.

"We welcomed the opportunity to go to the hearing and we never received the opportunity," he added

Smith said the township recently won a small battle with the DEQ when the Appeals Court ruled the township could withdraw from a state mandated regarding storm water pollution because the township does not have a storm sewer system.

"We have a very aggressive attorney out of Lansing...we welcome the challenge," Smith said.