- How does a septic system work?
Household water flows into the septic tank, where heavier solids sink to the bottom to form the sludge layer and lighter solids float to the top to form the scum layer, with grey water remaining in the middle. These layers remain in the tank, and the effluent, or wastewater, flows into a distribution box, which distributes the water into the leaching facility. Perforated pipes in the leaching system then allow the water to flow freely and trickle into the ground, where a natural filtration takes place, creating groundwater.
- How is a septic system maintained?
Septic systems are maintained through preventative maintenance, such as septic pumping. When performed on a regular basis, pumping will protect the system and cost dramatically less than a repair or replacement. Without regular septic pumping, solids build up and enter the leaching field, which will lead to clogged pipes and system failure.
- How often should a septic system be pumped?
A septic system should be pumped every one to two years, depending on the amount of people living at the residence.
- Why should a riser be installed on a septic system?
A riser is easy to install and gives a contractor or inspector complete access to the septic tank during any season. This is particularly important during winter months when the ground regularly freezes. A riser allows full access to the tank without incurring any additional charges to the homeowner for digging or excavation to reach the tank.
- When are on-site septic system inspections required?
Septic inspections are required as needed by the MassDEP or the local Board of Health, as well as when properties are sold, divided or combined, or when a change in use of a facility or an expansion occurs. Title 5 also requires periodic inspections for large or shared systems and condominiums. Septic systems in cities and towns with MassDEP-approved inspection programs must also comply with local inspection requirements.
- Is the buyer or the seller responsible when a septic system fails and needs to be replaced?
The seller, as the owner/operator of the system is held legally responsible for the upgrade of a failing septic system. In some instances, the buyer and seller may work the financial issues out as part of the property sale. Although Title 5 does not require a system to be in passing condition prior to a sale, most lending institutions will not issue a mortgage until the failing septic system has been repaired.
- For how long does a septic system inspection remain valid?
If a septic system is pumped once a year and has available records, an inspection is valid for three years. Inspections made in connection with a property transfer are valid for two years, and remain valid even if that property is sold more than once in that time period.
- How do I have my septic system inspected if I am selling the property in the middle of the winter?
If weather conditions prevent an inspection before a sale, Title 5 allows the inspection to be done up to six months afterwards, provided that the seller notifies the buyer in writing of the need to complete the inspection.
- What is included in a septic system inspection?
General layout of system components, including location of the sewer, septic tank or cesspool, distribution box, and leaching field; Type of use (residential/commercial), Title 5 design flow, and if facility is occupied or vacant; Analysis of Title 5 criteria that indicates system failure, and, for large systems, criteria which indicates a threat to public health and the environment; Water use records from the previous two years, if available; Description of tank, including condition, approximate age, and thickness of grease/scum layer; Characterization of distribution box and dosing tanks with pumps, such as condition and evidence of solids carryover or backup; Condition of soil absorption system, including signs of hydraulic failure.
- Who arranges for the Title V inspection?
The property owner or facility operator is generally responsible for arranging an inspection. However, prior to a title transfer, the seller and buyer may contractually assign responsibility for the inspection, provided that it occurs within the specified timeframe.
- Where are inspection results sent?
Inspection forms must be submitted within 30 days of the inspection to the local board of health, and those for state and federal facilities must be sent to MassDEP. Both MassDEP and the local board of health get copies of the inspection form for large or shared systems.
- Does the buyer of the property receive a copy of the completed inspection form?
Yes, this is required by Title 5.
- When would a system qualify for a conditional pass?
A system with specific components requiring repair or replacement, such as a metal or cracked septic tank, broken or obstructed pipe, or an uneven distribution box, qualifies for a conditional pass. When the repair is completed, the Board of Health issues a Certificate of Compliance confirming that the corrective work has been done.
- I'm selling my home and the septic system has failed the Title V inspection. If I decide not to sell as a result, am I still obligated to repair the system?
Yes. Once an official inspection is performed on a system, the results are submitted to the Board of Health within 30 days. Whether or not a homeowner decides to sell, a failed septic system typically must be upgraded within two years, unless the local Board of Health or MassDEP authorizes an alternative schedule.
- On a recent inspection, my septic system did not pass. In addition, I have a drain for my washing machine grey water that goes through 300 feet of crushed stone. The Inspector told me that I must tie this drain into my septic system. Is this necessary?
No. Title 5 does not require the tie-in of the separate laundry discharge as long as that discharge is inspected and passes a Title 5 inspection. Contact your local Board of Health for more guidance.
- Does a septic system have to be dug up for an inspection?
At a minimum, the inspector is required to open the covers on the septic tank and the distribution box to inspect each component. Typically, the leaching facility is not dug up. When a system has leaching pits, chambers, galleys or a leaching facility inspection port, these components will need to be excavated for an inspection to take place.
- What happens if all of the system components cannot be inspected thoroughly?
If the system’s cesspool, septic tank, and distribution box (if present) cannot be located and inspected, the system will fail inspection. The inspector must also make reasonable efforts to locate and identify other system components and features, and if these cannot be found or no determination cam be made, the inspector must note the steps taken to complete the inspection on the official form.
- Who is responsible if a system passes inspection before a property transfer, but fails soon after that?
The inspector is responsible for determining if a septic system meets or fails Title 5 standards as of the date of the inspection, yet this is not a guarantee that the system will continue to function adequately. If a septic system fails shortly after a sale, the buyer may have legal recourse, but it may be difficult to prove that the system was in failure at the time of inspection. If an improper inspection was done, MassDEP can take enforcement against an inspector, but property owners must pursue claims against the inspector in court.
- What is a voluntary inspection?
Even if an inspection is not required, the system’s owner may have a voluntary assessment of the condition and operability of the septic system performed. The results of these inspections do not have to be submitted to the Board of Health or MassDEP.
- Is an inspection required for new construction?
No. The Certificate of Compliance issued upon completion of a new system or system upgrade for state and federal facilities and large systems excludes the system from inspection requirements for any transfer of title within the next two years.
- Are there special inspection requirements for condominiums?
Yes. Condominiums with five or more units must be inspected once every three years and those with four or fewer units must be inspected every three years, or within two years prior to the sale of one of the units. The condominium association is responsible for the inspection, maintenance and upgrade of the system or systems serving the units, unless the governing documents of the association provide otherwise.
- I am transferring my property to a family member. Do I need an inspection?
Title 5 does not require a septic system inspection if the transfer is of residential real property, and is between current spouses, parents and their children, or full siblings; or when the grantor transfers the real property to be held in a revocable or irrevocable trust where at least one of the designated beneficiaries is of the first degree of relationship to the grantor. For specific guidance on exemptions, contact Ronald White at MassDEP at (617) 292-5790.
