Title
5 Septic Inspection
Q.
Who regulates cesspools and septic systems?
Local Boards of Health are the
primary regulatory authorities. However, the
Department of Environmental Protection (DEP) will
be involved in a limited number of approvals (for
instance, general use of alternative technologies,
shared systems and large systems) and some
variance requests. In addition, DEP is responsible
for overseeing local implementation of Title 5 and
provides those bodies with training and technical
assistance.
Q.
What is the difference between a cesspool and a
septic system?
A cesspool generally consists
of a pipe, running from a house, which empties
into a single component pit. This arrangement does
not allow proper detention of solids or proper
distribution of effluent. As a result, effluent
overloads the capacity of the soil to remove
harmful bacteria and viruses, to remove
phosphorous, and to convert ammonia. A
conventional system, on the other hand, is
comprised of: a building sewer; a septic tank,
where solids can settle and both the solids and
effluent begin to degrade; distribution lines,
which prevent effluent from overloading the soil;
a soil absorption system, which further treats the
effluent by removing harmful bacteria, viruses,
phosphorous, and nitrogen; and a reserve area.
Q.
Does Title 5 require every cesspool to be replaced?
No. Only those cesspools that
show signs of hydraulic failure, are located
extremely close to private or public water
supplies or other wise fail to protect or pose a
threat to public health, safety or the environment
will need to be upgraded.
Q.
When are inspections required?
The system must be inspected:
- Within two years (three
years if the system has been pumped annually
during that time and pumping records are
available) prior to the sale of the property, or
if weather conditions preclude inspection at
that time, then within six months after the sale
(cities or towns subject to a DEP approved local
inspection program may have different
requirements - consult the board of health to
see if different rules apply).
- When there is a change in
use or expansion of the facility which requires
a building or occupancy permit. Note that this
does not mean an inspection is required every
time a building permit is needed - only when the
use of the facility is changed (for example,
from residential to commercial) or when a home
is expanded (for example additional bedrooms are
added beyond the design specifications of the
original system).
Q.
For how long is an inspection valid?
Inspections are good for two
years. If a home transfers more than once in the
two year period, the single inspection is valid
for each transfer. When a system is pumped on an
annual basis and the pumping records are
available, an inspection is valid for three years.
Q.
Are there exceptions to these requirements?
Inspections are not required
for new or upgraded systems that have a
certificate of compliance issued within the prior
two years of a transfer of title or if the owner
or person acquiring title has signed an
enforceable agreement with the Board of Health to
upgrade the system or connect to a sanitary sewer
or shared system within two years. Additionally,
if the facility is subject to a comprehensive DEP
approved local inspection program, an inspection
is not required prior to transfer of title.
Q.
When would a system qualify for a conditional pass?
A system with certain
components which need repair or replacement would
qualify for a conditional pass on the inspection
report. Upon completion or repair of the broken
system component, the system would pass
inspection. Examples of such system components
include a metal or cracked septic tank, a broken
or obstructed pipe, or an uneven distribution box.
Q.
Do systems have to be dug up to be inspected?
The location and condition of
cesspools, septic tanks and distribution boxes
must be determined. Often, this will not require
extensive excavation. Generally, leaching areas
are not required to be dug up.
Q.
Do any government agencies provide financial
assistance for repairs
and/or upgrades?
The federal Farmers Home
Administration (FHA) and the Massachusetts Housing
Finance Agency (MHFA) offer financing to qualified
individuals. For information regarding the federal
programs contact your local FHA county office or
write:
Farmers Home Administration
U.S. Department of
Agriculture
Washington, DC 20250
For Information regarding
MHFA programs contact:
Massachusetts Housing Finance
Agency
One Beacon Street
Boston, MA 02108
(617)854-1000
Under a new state law,
the "betterment law", cities and towns
have the option of providing upfront financing of
residential system upgrades. The betterment law
allows municipalities to create revolving loan
funds to pay for upgrades and to recover costs by
assessing betterment's on the property tax bills
of the homeowners who benefit. For costly
upgrades, homeowners may be given up to 20 years
to repay. For additional information about this
program you should contact the local board of
health.
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