- Septic tank, drywell, or cesspool abandonment or tank closure may involve complete tank removal, tank crushing (steel septic tanks), or most common with site-built tanks/cesspools/drywells, and with concrete tanks, the cover is opened and the tank is filled-in with rubble and soil.
How do you cap off a septic tank?
Expend the hole once you have located the septic tank to expose more of the tank. Continue digging until you locate a seam in the tank lid, then remove enough dirt to expose the entire seam. This will be the tank cap.
Should I remove old septic tank?
It is important to properly abandon un-used septic tanks, cesspools, or drywells. If an old septic tank, cesspool, or drywell is simply “left alone” there may be very serious cave-in or fall-in safety hazards.
Can you sell a house with an old septic tank?
If you’re selling a property with a septic tank, then you must be transparent with buyers about the fact the property uses a one and provide a detailed specification of the system. In fact, You are required by law to inform a buyer in writing about the presence of a septic tank.
How much does it cost to replace a septic system in Massachusetts?
The cost to put in a new title 5 compliant septic system can range from $10,000 to $50,000 or more depending on the soil conditions, water table, and whether ledge is encountered. Aside from the unplanned financial headache, it also involves excavating your yard to install a new system.
What does the cap on a septic tank look like?
Septic tank lids are typically green or black plastic; sometimes they are made of concrete. It’s not always easy to find the lid, though, as unkempt grass, dirt, or debris can conceal the septic tank lid.
Can septic tanks collapse?
Septic tanks can collapse for a variety of reasons. This is one of the most serious septic tank problems that can occur. Once a tank is emptied of water, it is much more prone to collapse. That is because the pressure of the surrounding soil is no longer counter-acted by the water inside the tank.
Can septic tanks explode?
A septic tank can explode Septic tank explosions are extremely rare so it might sound farfetched but yes, a septic tank can actually explode. Methane gas is usually produced as a by-product during anaerobic digestion of organic waste in the septic tank. This gas is highly flammable.
How long do septic tanks last?
A septic system’s lifespan should be anywhere from 15 to 40 years. How long the system lasts depends on a number of factors, including construction material, soil acidity, water table, maintenance practices, and several others.
Can you build a deck over a septic tank?
You should never build a deck over a septic field; doing so will prevent the natural draining and dissipation of the effluent. This can ruin the septic system, not to mention releasing foul smells into the air all around your deck. The dissipating effluent can also rot the deck from underneath.
What are the new rules for septic tanks in 2020?
Under the new rules, if you have a specific septic tank that discharges to surface water (river, stream, ditch, etc.) you are required to upgrade or replace your septic tank treatment system to a full sewage treatment plant by 2020, or when you sell a property, if it’s prior to this date.
Can you sell a house with a failed septic in MA?
Failed septic systems can be handled in a real estate sales transaction in two ways. First, the seller can undertake the work and complete it prior to closing, with a full sign off from the Board of Health. This is often the preferable course for all parties and the lender.
Is my septic tank illegal?
No, septic tanks aren’t going to be banned. Septic tanks do a good job of holding back solids and separating solids from liquid, they also offer a small degree of biological cleaning, however the waste that is discharged from them is still very high in ammonia and requires treatment before entering the environment.
How many bedrooms can a 1500 gallon septic tank have in Massachusetts?
Existing approved design flow shall be used to determine potential number of bedrooms. Systems with a leaching area designed for 1000 gallons shall be approved for a maximum of 5 bedrooms with a 1500 gallon septic tank, 4 bedrooms with a 1000 gallon tank.
How long does a septic system last in Massachusetts?
About one-third of homes in Massachusetts use septic systems, instead of municipal sewer water. This includes some of the wealthiest suburbs in the state. But older septic systems and their leaching fields can be damaged, and Title 5 inspections are important. On average, a septic system should last about 25 years.
How much does a 3 bedroom septic system cost in Massachusetts?
For a three-bedroom home, you can expect to need a 1,000-gallon tank, which will range in price from $8,000 to $15,000, according to AngiesList.com.
Buying or Selling Property with a Septic System
- Within two years of the date of the sale. Even if weather conditions prevent an inspection from taking place at the time of the sale, the examination must take place within six months after the sale. When there is a projected alteration to the facility that necessitates the acquisition of a building or occupancy permit The construction of new buildings on top of existing system components or on the system’s reserve area should be avoided if a building’s footprint is altered in any way. The basin schedule specified in 310 CMR 15.301(6) should be followed for large systems with design flows of 10,000 to 15,000 gallons per day or more at complete build-out, and every five years afterwards. For shared systems, every three years is recommended. The division of a piece of real estate, or the combination of ownership of two or more pieces of real estate When the Massachusetts Department of Environmental Protection or the local Board of Health authorizes an examination
Property transfers with special requirements
Prior to a sale, within two years of purchase Inspection must be completed within six months of a purchase if weather circumstances prevent it from being done at the time of the transaction. When a proposed alteration to the facility necessitates the acquisition of a building or occupancy permit; Any alteration in the footprint of a building, in order to ensure that new building development does not take place on top of any system components or on the system’s reserve area; The basin schedule described in 310 CMR 15.301(6) should be followed for large systems with design flows of 10,000 to 15,000 gallons per day or more at complete build-out, and every five years afterwards.
For shared systems, this is done every three years.
- Deeds in lieu of foreclosure are executed by the foreclosureor. The imposition of execution that leads in the transfer of property Bankruptcy
Sale of a condominium unit or a group of condominium units
- Condominiums with five or more units are required to have all systems examined every three years. When there are less than three units in a condominium building, either all systems must be examined every three years or the system servicing the unit being transferred must be inspected within two years of the unit being transferred.
When you DON’T need an inspection
Transfers between specific family members: If the transfer is of residential real property and is between the following relationships, Title 5 does not need a system examination.
- Current spouses
- Current parents and their children
- Current full siblings
- And when the property is held in trust See the section below under “Guidance on Exemptions from Title 5 System Inspections” for further information.
A mortgage or comparable financial instrument is being refinanced. The acquisition of a security interest in real estate, such as through the issuing of a mortgage. appointed a guardian, conservator, or trustee; or changed the identity of the guardian, conservator, or trustee Any other change in ownership or the structure of ownership in which no new parties are added (for example, in the course of estate planning or a divorce); A enforceable agreement with the Board of Health to improve the system or to link the facility to a sanitary sewer or shared system within two years after the transfer of ownership, provided that the agreement has been disclosed and is binding on subsequent owners; The property is subject to a comprehensive local plan of septic system inspection that has been approved in writing by the Massachusetts Department of Environmental Protection and is administered by a local or regional government; and the system has been inspected at the most recent interval required by the plan.
Additional Resources for When you DON’T need an inspection
In order to schedule the inspection, the property owner or operator must contact a licensed inspector. Before transferring title, either the buyer or the seller may alter who is responsible for scheduling the inspection, provided that the change is documented in writing and that the inspection takes place within the required timelines. During the inspection, it will be determined whether or not the system is capable of protecting public health and the environment in its current state. Neither the inspection nor the system’s continued proper operation nor the system’s failure at a later date are guaranteed by the inspectors.
The examination will entail assessing the location and condition of cesspools, septic tanks, and distribution boxes, among other things.
System inspections can only be performed by people who have been approved by the Massachusetts Department of Environmental Protection.
System inspections performed by anybody other than the system owner are not valid for determining compliance with Title 5. When acting as an agent of the Board of Health, a System Inspector may not also function as an agent for the system owner at the same time.
Reporting the Inspection Results
In order to schedule the inspection, the property owner or operator must do so. Before transferring title, either the buyer or the seller may alter who is responsible for scheduling the inspection, provided that the change is documented in writing and that the inspection takes place within the timeframes stipulated. During the inspection, it will be determined whether or not the system is capable of protecting public health and the environment in its current state. The inspection does not provide an assurance that the system will continue to work properly or that the system will not fail at a later point.
Cease-and-desist signs, septic tanks, and distribution boxes are among the items that will be checked during the inspection.
Personnel conducting system inspections must be approved by MassDEP.
Compliance with Title 5 is not guaranteed by inspections of systems performed by anybody other than the system owner.
- Instead of submitting inspection forms to the local Board of Health, MassDEP must receive them
- Reports for large systems and shared systems must be submitted to both the local Board of Health and MassDEP
- Inspection forms for state and federal facilities must be submitted to MassDEP rather than the local Board of Health.
A copy of the inspection report must be sent to the buyer or other person who will be taking possession of the property serviced by the system. Inspections performed in conjunction with a property transaction are typically valid for two years. If a property is sold more than once throughout the 2-year term, the one inspection is valid for all of the property transactions during that time period. The validity of an examination is three years if a system is pumped on an annual basis and the pumping records are accessible.
Incomplete or Delayed Inspections
If weather circumstances make it impossible to conduct an inspection prior to a sale, Title 5 enables the inspection to be completed up to 6 months after the sale, provided that the seller notifies the buyer in writing of the necessity to perform the inspection before the transaction is completed. For whatever reason, not all of the system components will be able to be inspected properly, at the very least, the cesspool, septic tank, and distribution box (if any) will need to be identified and thoroughly inspected.
A detailed explanation of the reasons for the inability to identify or examine any component, or the inability to make any conclusion must be recorded in writing on the Inspection Form, together with a list of measures taken to complete the inspection.
Key Actions for The System Inspection Process
Upgrades and new construction are underway. An inspection is not required for a system that has been installed or updated. The local Board of Health issues a Certificate of Compliance to organizations who implement these methods. Any transfer of title occurring within two years of receiving this certification will be excluded from the obligation to inspect the system because of this certification. This exemption is valid for a period of up to three years, provided that system pumping records establish that the system was pumped at least once during the three-year period.
In most cases, unless the condominium organization’s governing papers specifically state otherwise, the association is responsible for the inspection, maintenance, and improvement of the system or systems that serve the units.
Every three years or within two years prior to the sale of one of the units in a condominium complex with four or less units need also have their system examined.
Large systems must be assessed on the basin schedule outlined in 310 CMR 15.301(6), and then every five years after that until they are no longer considered large.
Changes in the way things are done and an increase in the amount of money that flows A system examination is only required in these cases if the alteration necessitates the issuance of a construction permit or an occupancy permit. As an illustration:
- Adding a bedroom to a house, increasing the number of seats in a restaurant, or changing the sort of business that operates at a commercial location are all examples of additions.
Check with local Building Department or Board of Health to find out if your alteration fits these standards. Whenever the footprint of a building is altered, an examination is performed to establish the placement of the system and to guarantee that work will not be carried out on top of any system components or on the reserve area, among other things. Consult with your local Board of Health for more information. State and federal facilities are available. Title 5 of the United States Code relates to state and federal buildings, as well as to private residences and enterprises.
Ownership Across State Lines If a property is located in two jurisdictions, with the home in one state and the septic system in another, the state in which the septic system is located has authority, and the owner is required to adhere to the requirements of the state in which the system is located.
Inspections carried out on a voluntary basis Although there is no legal obligation for an inspection, a system owner may opt to have an evaluation of the system’s condition performed on their own initiative.
Conditional Pass or Failed Inspection
It may be possible to obtain a conditional pass on the inspection report for a system that has some components that need to be repaired or replaced. The system will pass inspection once the replacement or repair of the specified system component has been completed, and the Board of Health has given its permission for the work. The following are examples of system components that are suitable for a conditional pass:
- A septic tank made of metal or with cracks
- A ruptured or clogged pipeline
- An unequal distribution box
- Pump chamber that is not working properly
Under the terms of a conditional pass, soil absorption systems and cesspools are not repairable. Despite the fact that a system fails inspection and the owner decides not to sell as a result, the owner still has a legal responsibility to fix the system. If a system fails, it must be replaced within two years, unless an alternate timetable is approved by the local Board of Health or the Massachusetts Department of Environmental Protection. The System Inspector is in charge of assessing whether the system complies with or fails to comply with Title 5 standards as of the date of inspection.
A System Inspector’s approval may be revoked or suspended if the Massachusetts Department of Environmental Protection believes that the Inspector has fabricated or fraudulently changed an inspection form or has misrepresented the results of an inspection.
If you have a complaint about the results of an inspection, you should call your regional MassDEP office and talk with the staff member who is in charge of Title 5.
Immediately notify the Massachusetts Environmental Strike Force at 617-556-1000, or toll free at 1-888-VIOLATE, if you receive an inspection report that seems to have been changed or contains inaccurate or misleading information (1-888-846-5283).
HOW TO SAFELY ABANDON AN OLD SEPTIC TANK ON YOUR PROPERTY
If you’ve recently purchased an older house, it’s possible that a septic tank is located on the property. This is true even if your home is currently linked to the municipal water and sewer systems. A prior owner may have abandoned the ancient septic system and connected to the city sewage system when it became accessible at some time in the past. Despite the fact that there are standards in place today for properly leaving a septic tank, it was typical practice years ago to just leave the tanks in place and forget about them.
- The old tank may either be demolished or filled with water to solve the problem.
- It is possible that permits and inspections will be required.
- They are dangerous because curious children may pry open the lid and fall into the container.
- Falls into a septic tank can be lethal owing to the toxicity of the contents and the fact that concrete can collapse on top of you while falling into a tank.
- Eventually, this approach was phased out due to the fact that the steel would corrode and leave the tank susceptible to collapse.
- When it comes to ancient septic tanks, they are similar to little caves with a lid that might collapse at any time.
- The old tank is crushed and buried, or it is removed from the site.
If it is built of steel, it will very certainly be crushed and buried in its current location.
After that, the tank can be completely filled with sand, gravel, or any other form of rubble and buried.
Tanks can either be entirely dismantled or destroyed and buried in their original location.
The abandonment has been documented and plotted on a map.
It’s possible that you’ll forget about the tank once it’s been abandoned.
As a result, you might wish to sketch a map of the area where the old tank used to stand.
If you can demonstrate that an old septic tank was properly decommissioned, you may be able to increase the value of your property, and the new owners will enjoy knowing that large chunks of concrete are buried underground before they start digging in the yard to put something in it.
It may take some investigation effort to unearth your property’s past and learn what’s hidden under the dirt.
Upon discovering an old septic tank on your property that is no longer in service, contact Total Enviro Services for propertank abandonment procedures that meet with local standards and protect your family, pets, and farm animals from harm or death.
Title 5 Septic System Law in Massachusetts
Septic tanks may be present on the property if you’ve recently purchased an older house. This is true even if your home is currently linked to the municipal water and wastewater system. It’s possible that a prior owner abandoned the ancient septic system and connected to the city sewer system when it became accessible at some time in the past. Despite the fact that there are standards in place now for properly leaving a septic tank, it was formerly normal practice to simply leave the tanks in place and forget about them years ago.
- The old tank may either be demolished or filled with water as a solution.
- You may be required to get permits and undergo inspections.
- They are dangerous because curious children may attempt to pry open the lid and fall within.
- It is possible to die by falling into a septic tank because of the poisonous nature of its contents and because of the possibility that concrete will fall on you.
- Eventually, this approach was phased out due to the fact that the steel would corrode and leave the tank liable to collapse.
- Septic tanks that are more than 20 years old are like miniature caves that might collapse at any time.
- Crushed and buried or removed, depending on the situation, the old tank If you have an outdated septic tank, your contractor will determine the most efficient approach to remove it.
Alternatively, if the tank is built of concrete, the bottom or sides may be broken apart so that the tank can no longer retain water, and the tank can then be filled with sand, gravel, or some other sort of rubble and buried beneath the ground.
There are two options for removing tanks: either they are totally removed or destroyed and buried in place.
Documentation and mapping of the abandonment Because they are underground, septic tanks can be difficult to locate even when they are presently in use.
Those who purchase the property in the future will be completely unaware of its presence.
In addition, your city or county will have the permit and inspection records that indicate the job was done in accordance with code requirements.
Please keep in mind that septic systems are not designed to survive forever, and it is probable that you have more than one abandoned tank on your property.
Upon discovering an old septic tank on your property that is no longer in use, contact Total Enviro Services for propertank abandonment methods that meet with local standards and protect your family, pets, and farm animals safe from harm or death throughout the process.
Massachusetts Septic Loan Program
It is possible to get aid with your financial burden if you have a septic system that failed the Title 5 inspection through a Massachusetts loan program. As part of the Massachusetts Housing Program, participating lenders provide reduced interest rates to qualified homeowners who meet certain criteria. In order to obtain further information, please contact the Massachusetts Housing Finance Agency (MHFA), 617-723-0500, or visit their Web site: Website for Affordable Housing in the Masses Download the Homeowner Septic Loan Repair Program’s program brochure in PDF format here.
Massachusetts Septic Tax Credit
When a title 5 inspection is failed, the Commonwealth of Massachusetts offers a tax credit of up to $6,000 over four years to help reduce the cost of septic system repairs to a main property in the state. There are tax credit applications available from the Department of Revenue (DOR) that allow homeowners to claim tax credits of up to $6,000 for septic system renovations. The credit cannot exceed $1,500 in any one year and must be used within four years of being awarded. It will only be possible to receive a tax credit for renovations done on a primary dwelling, not on an investment property or a second home.
- The form may be obtained at the MassDOR Web site.
- Cesspools are far more difficult to navigate in Massachusetts.
- NO.
- Additionally, before to increasing the design flow, the cesspools must be improved.
- A Massachusetts Title 5 is valid for two years from the date it is executed, if you elect not to sell your house during that time.
Massachusetts Title 5 Septic systems and Bedroom Counts
In addition to the accurate depiction of bedrooms in a property when it comes to Title V and septic systems, there is another vital consideration. According to errors and omissions insurance for Massachusetts Realtors, one of the areas that has generated the most recent lawsuit is the misrepresentation of bedrooms when a septic system is used to serve the home’s plumbing. Septic systems are classified according to their ability to accommodate a certain number of bedrooms. When someone indicates that a septic system is “rated” for four bedrooms, they are referring to the fact that the system is capable of handling the waste produced by four bedrooms.
- Due to the fact that sewer systems are charged according to the number of residents, rather than by the number of bathrooms, this makes perfect sense.
- A property with three bedrooms on the 2nd level and another room on the 1st floor that is sold as a “bedroom,” for example, might be built.
- If the property, on the other hand, only has three bedrooms and its septic system is only certified for three bedrooms, it is not a four-bedroom home and should not be sold as such.
- The buyer places reliance on the information supplied, only to discover later through town hall, the title v, or other methods that the property is not, in fact, a four-bedroom home after all.
- Another example would be a house that has had an extension built onto it, and the room that was added has been designated as a bedroom, but there has been no corresponding “improvement” to the sewage system.
This information may generally be obtained in the local board of health records or on the septic design, depending on the situation. If a Title V inspection has previously been performed on the property, the results of that inspection will be included in the report as well.
Video: How a Septic System Works
For those who have never given much attention to how septic systems function, I’ve included a short video below that you might find interesting. The video serves as an excellent explanation on the operation of a septic system. What is the operation of a septic system?
Other Title 5 Septic System Resources Worth Reading:
- Learn all you need to know about septic systems and Massachusetts title 5 by reading the Massachusetts Title V septic system statute. Some of the most frequently asked questions concerning Massachusetts Title 5 statutes may be found at the Massachusetts Trial Court Law Libraries
- For more information on what you need to know about Title V, visit the website of the Massachusetts Trial Court Law Libraries. General provisions are found in 310 CMR 15.00. enforcement of title v laws in Massachusetts– find out how the Title V bylaw is implemented by visiting the Massachusetts Department of Public Health website A list of approved soil evaluators and title 5 inspectors in the state of Massachusetts– see a list of all the provided Title V septic inspection companies that have been approved by the state at Mass.Gov
- A list of all the provided Title V septic inspection companies that have been approved by the state at Mass.Gov
Utilize these extra Massachusetts Title 5 septic system resources to properly educate yourself on the laws while selling a house. Real estate information on Massachusetts title 5 septic system law was provided by Bill Gassett, a nationally recognized expert in his field, and is included above. If you need to reach Bill, you may do so through email at [email protected] or by phone at 508-625-0191. Bill has been assisting clients with their relocations in and out of several Metrowest areas for the past 34 years.
I have a strong interest in real estate and like sharing my marketing knowledge with others.
Septic Systems
A well running and maintained septic system, although hidden, will service your home well and should endure for decades. The environment and your property can both be negatively affected by a poorly functioning septic system; sewage leaking into groundwater and environmentally sensitive places can be lethal in some situations due to the presence of hazardous bacteria in sewage. Contaminated water sources such as streams, lakes, rivers, and other bodies of water can result in fish and other food sources carrying dangerous components if left unchecked.
- This is why on-site wastewater systems of all sorts must be maintained, pumped, serviced, and subjected to strict inspection by the state of Massachusetts, but particularly by the local Board of Health.
- In order to be in compliance with and implement the DEP’s Title 5 Regulations (310 CMR 15), all boards of health are expected to adhere to and enforce the regulations that regulate septic system design, construction, inspection, maintenance, and any repairs performed on septic systems.
- On-site Wastewater Standards (PDF) were enacted and enforced by the Gloucester Board of Health, which, in certain cases, are more strict than Title 5 laws; the local regulations almost usually take precedence over the state regulations.
- A septic system may survive for decades if it is maintained properly.
- Please keep in mind that any work performed (pumpouts, maintenance on alternate systems, repairs, etc.) must be completed by specialists who have been granted permission by the Board of Health to work in the city.
- According to Massachusetts Law (“Title 5”), haulers, installers, and operation and maintenance providers are obliged to report all operations to the Board of Health in the form of a report or record, which is then kept on file in your property file.
Before having any work done on your septic system, please check the listings supplied by the Board of Health to confirm that you are working with a licensed expert.
- Taking Care of Your Septic System – Massachusetts Department of Environmental Protection
- Frequently Asked Questions – Massachusetts Department of Environmental Protection
In the event that you have any questions concerning septic systems, please do not hesitate to call the Gloucester Board of Health at (978) 325-5263.
Septic System Do’s and Don’ts
It is critical to understand what is useful and what is hazardous to your septic system. The following is a list of septic system recommendations from the Massachusetts Department of Public Health: DO:
- Every 3 to 5 years, have the system examined and re-filled with water (systems do not need to be pumped annually as a general rule). If the tank becomes overburdened with sediments, the wastewater will not have enough time to settle before it overflows down the drain. All of these excess solids will eventually make their way to the leach field, where they will clog the drain lines and contaminate the soil. More details about the pumping procedure
- Be familiar with the location of the septic system and drain field, and keep a record of all inspections, pumpings and repairs, as well as any contract or engineering work, for future reference. Keep a sketch of it on hand for when you go to the service center. To keep the drain field in place, plant grass or small plants (but not trees or bushes) on top of the septic system’s surface. Controlling runoff through imaginative landscaping may be an effective method of reducing water consumption. Install water-saving devices in faucets, showerheads, and toilets to limit the amount of water that drains into the septic system and into the environment. Replace any dripping faucets or leaking toilets, and only use washing machines and dishwashers when they are completely full. Avoid taking long showers. Roof drains, as well as surface water from roads and slopes, should be diverted away from the septic system. Maintain a safe distance between the system and sump pumps and home footing drains as well. Use only chemicals that have been approved for use in Massachusetts by the Massachusetts Department of Environmental Protection (MassDEP). In Massachusetts, it has been found that the additives approved for use have no detrimental effect on the particular system or its components, or on the environment in general. Take any remaining hazardous substances to a hazardous waste collection station that has been approved by the local government. Use bleach, disinfectants, drain and toilet bowl cleaners sparingly and in line with the directions on the product labels.
- Use caution when throwing non-biodegradable items (cigarette butts, diapers, feminine products, and so on) or grease down the sink or toilet to avoid clogging it up. The use of non-biodegradable materials can clog the pipes, and grease can thicken and block the pipes as well. Cooking oils, fats, and grease should be stored in a container and disposed of in the garbage
- Paint thinner, polyurethane, antifreeze, insecticides, certain dyes, disinfectants, water softeners, and other powerful chemicals should not be introduced into the system. Septic tank malfunctions can be caused by the death of the biological component of your septic system and the contamination of groundwater. Typical home cleaners, drain cleaners, and detergents, for example, will be diluted in the tank and should not do any damage to the system
- And It is not recommended to use a garbage grinder or disposal since the waste will enter the septic tank. If you do have one in your home, you should use it only in extremely limited circumstances. The addition of food wastes or other solids lowers the capacity of your system and increases the frequency with which you must pump your septic tank. The system will need to be pumped more frequently if you are using a grinder
- Do not plant any trees within 30 feet of your system, and do not park or drive over any section of the system. Tree roots may block your pipes, and heavy cars may cause your drainfield to collapse
- However, you can prevent this from happening. It is not advisable to allow anybody to fix or pump your system without first verifying that they are licensed system specialists. It is also not advisable to run your washing machine for large amounts of laundry. Doing load after load deprives your septic tank of the time it needs to properly process wastes and causes the entire system to become overwhelmed with surplus wastewater. As a result, you might be overflowing your drain field without giving yourself enough time to recover from the inundation. To calculate the gallon capacity and the number of loads per day that may be safely pumped into the system, you should speak with a tank specialist. Use of chemical solvents to clean the plumbing or septic system is not recommended. Microorganisms that devour toxic wastes will be killed by “miracle” chemicals that have been developed. These items have the potential to pollute groundwater as well.
For further details, please see:
- Do’s and Don’ts for Septic Systems – Environmental Protection Agency
Buying or Selling a Home With a Septic System
According to Massachusetts law, every house that is being sold must have a Title 5 Inspection performed before it may be transferred. This inspection informs the new homeowner about the condition of the system; the inspection fee is the responsibility of the homeowner, and any repairs that are required (or, in some cases, the system may need to be completely replaced) are usually at the expense of the homeowner, but this is something that is worked out between the parties involved; frequently, monies are placed in escrow for this purpose.
- Consult with your bank and other financial institutions throughout the process to ensure that all criteria are met.
- It is highly recommended that all parties schedule an inspection as soon as possible to ensure that the closing date is met successfully.
- Instead of incurring the expense and time of an inspection, the homeowner can save money by completing and submitting a “Agreement to Upgrade a Septic System or Connect to Sewerform” instead of going through the examination and expense of an inspection.
- More information may be found at:
- According to Massachusetts law, every house that is being sold must have a Title 5 Inspection performed before it can be transferred to the new owner. This inspection provides the new homeowner with information about the condition of the system
- The inspection fee is the responsibility of the homeowner, and any repairs that are required (or, in some cases, the system may need to be completely replaced) are usually at the expense of the homeowner, but this is something that is worked out between the parties involved
- Frequently, monies are placed in escrow for this purpose. Maintain in contact with your bank and other financial institutions throughout the process and to ensure that you understand their specific needs. The process of scheduling an inspection, the time it takes to write up the report and submit it to the Board of Health for review, the time it takes for the licensed installer to complete any necessary repairs, and the time it takes for the Health Department to review and approve the letter are all time-consuming. It is highly recommended that all parties schedule an inspection as soon as possible to ensure that the closing date is met successfully. There is no way to speed this procedure, so the sooner homeowners and realtors take care of this really critical phase, the better off everyone will be. Alternatively, if the home being sold has a failing septic system and would fail inspection, a homeowner can avoid the expense and inspection procedure by signing and submitting a “Agreement to Upgrade a Septic System or Connect to Sewerform.” For example, if you decide to connect to the sewer system, your septic tank will need to be abandoned by a Gloucester-permitted installer, who will complete an Application to Abandon Septic System, crush the tank and fill it with stone while also submitting photos or having the Health Agent attest to it, among other steps. Alternatively, you might look at these sources for further information:
For further information or to obtain a copy of the Agreement, please contact the Health Department at (978) 325-5263.
Septic-Related Form Information
Those interested in the most recent septic-related forms should contact the Board of Health.
- Septic System Abandonment Permit Application (PDF)
- Certificate of Compliance – (Form 3) (PDF)
- Designers Who Work Frequently on Cape Ann (PDF)
- Deed Restriction for Bedroom Count (PDF)
- Disposal System Construction Permit – (DSCP/Form 2) (PDF)
- Drainlayers List (PDF)
- Function Check Reporting Form For Septic Waste Disposal Systems (PDF)
- Homeowner’s Acknowledgement of Secondary Treatment Unit (PDF)
- Installers List (PDF
Septic System Pumping
Having a properly functioning on-site wastewater system is critical for your home’s overall health since it processes and securely disposes of waste into the septic tank. Your septic tank will need to be pumped from time to time, depending on the number of people who live in your house, the size of your septic tank, and a variety of other factors. Septic tanks need to be pumped out on average every few years, according to industry standards. When only two people live in a house, the system will not require pumping for several years.
In addition, the City of Gloucester has its own set of supplementary (and in some cases more strict) municipal ordinances that apply only to residents of the city (which typically supersede state requirements).
Frequency of Pumping:
For residences without a garbage disposal, the Massachusetts Department of Environmental Protection advises once every three years (if the home has a disposal, they recommend once per year.) Septic tanks that have been properly built have adequate space to safely store sludge for up to 3-5 years at a time.
Choose Only a Pumping Company Permitted by the Board of Health:
Those septic specialists who are permitted to work in a given municipality are granted permits or licenses by the local government. Refer to the Board of Health’s website for the list of the currently allowed pumpers/haulers before hiring one. As you would with any expert that you would engage to service your property, do your homework to locate the best fit for your needs among the available options. You should be aware that once you employ a pumper, he or she is obligated by state law to submit your pump record/report to the Board of Health for evaluation.
Keep your receipt, as well as a copy of the pump record, in case the Board of Health has any concerns about your purchase.
For further details, please see:
- Mass.gov has information on “How to Care for Your Septic System,” as well as a list of local septic system pumpers (PDF).
Information For Septage Haulers:
To ensure that the Title 5 Regulations of the Massachusetts Department of Environmental Protection are followed, the Gloucester Health Department implements them on an annual basis. This includes an application review process prior to the issuance of permits for pumpers and septage haulers, as well as the payment of an annual permit fee. In addition, all sewage pumping trucks will be subjected to an annual inspection and licensing process. According to Massachusetts law, all septage pump-outs conducted must be reported to the Gloucester Board of Health within 14 days of the date of service; failure to report on a timely basis may result in the cancellation of the Septage Hauler Permit holder’s license.
Massachusetts Title V rules – Massachusetts Real Estate Law Blog
Title V Septic Regulations in the Commonwealth of Massachusetts Frequently Asked Questions are included below (FAQ) In Massachusetts, approximately one-third of all residences are reliant on septic systems rather than municipal sewer systems. Included are some of the most affluent suburbs in Metrowest, ranging from Wayland, Sudbury, Weston, and Hopkinton all the way down to the Cape. Even while the month of April marks the beginning of the active spring real estate market, it also brings with it the melting of permafrost, snow, and plenty of rain, all of which may cause havoc with older septic systems and their leaching fields if they are not properly maintained.
- The expense of replacing a broken septic system can be prohibitively expensive, with some systems costing upwards of $50,000.
- The inspection, design, construction, and operation of septic systems are all governed by a complicated set of rules.
- The following are some commonly asked questions and their respective responses about Title 5 septic rules.
- Is it necessary for me to get it examined before I sell it?
- A Title V Inspection is valid for two years after it is completed.
- At your local Board of Health office, you may find a list of licensed inspectors who are available for hire.
- Depending on the results of the inspection, your system will be classified as “passing, failing, or conditionally passing” (i.e., requires repairs).
A conditional pass indicates that your system will pass if and only if a specific condition is satisfied.
With the conditional pass notes describing the necessity for replacement of the distribution box, the inspector would draw up his formal Title V report and submit it to the company.
My septic system had failed me completely.
It may be necessary to repair or replace your septic system if the examination is unsuccessful.
Nonetheless, if the Health Agent determines that the failure constitutes a health danger, the homeowner may be forced to begin the process of rectifying the problem as soon as possible.
First and foremost, the seller has the option of doing the repair and completing it prior to closing, provided that the Board of Health gives its full approval.
The parties can also agree on an escrow holdback to pay the cost of septic repair plus a contingency reserve, with the work being completed after the closing.
What are the procedures and costs associated with installing a new septic system?
Once the engineer has been employed, a percolation test, often known as a “perc,” is arranged.
The findings of the perc test, the size of your lot, and the number of bedrooms in your home are all taken into consideration when the engineer constructs a septic system to service your home.
The Board of Health has 45 days to study the proposals and to either approve or reject them if they are found to be acceptable.
If the plans are denied, they must be amended, and an extra price of $75.00 is required to have them evaluated again.
It is necessary to set aside an extra 90 days for the evaluation and approval procedure for the planned system if state deviations (which are handled by the Department of Environmental Protection) are required.
When the job is completed (that is, when all work has been completed in accordance with the plans; when the engineer has submitted a “as-built” plan showing where the system was installed; and when the installer has submitted a certification statement), the Health Agent signs a Certificate of Compliance (COC), which is then issued to the contractor who installed the system.
- From start to finish, how long does the process of repairing a septic system typically take?
- According to the system, the amount of time might differ from one to another.
- One of these is the availability of the Health Agent to observe a “perc” examination.
- Up from that, if the intended system requires either local or state deviations, time must be set aside for public hearings on the proposed system changes.
- What is the system’s average lifecycle cost in dollars?
- The type of system developed, the size of the lot, the number of bedrooms, the engineering costs, the number of deviations required, the type of soil, and the closeness of the system to water are all factors that influence the cost of the installation.
- Massachusetts Home Septic Loan Program allows homeowners who cannot afford to repair their failing septic systems to apply for financial assistance through the Massachusetts Home Septic Loan Program.
Download the Homeowner Septic Loan Repair Program’s program brochure in PDF format here.
A low interest rate is charged on the loans, and they are repayable over a prolonged period of time.
There are tax credit applications available from the Department of Revenue (DOR) that allow homeowners to claim tax credits of up to $6,000 for septic system renovations.
The tax credit may only be used for renovations done on a principal dwelling, and no other work is allowed.
Website of the Massachusetts Department of Revenue I have a cesspool in my yard.
You might be asking how any of this relates to cesspools or septic tanks.
Is it true that every single one of them will fail?
It will only be necessary to update cesspools that show evidence of hydraulic failure, are located within a short distance of private or public water supplies, or otherwise do not protect or constitute a hazard to human health, safety, or the environment, among other things.
Richard D. Vetstein is a Massachusetts real estate attorney that assists clients in the purchase, sale, and financing of residential property. Email or phone (508-620-5352) are the best ways to get in touch with him.
Septic/ Title V
Applications | Description |
---|---|
All General Permit Applications – Page 1 | Page 1 Needed for All Applications |
Trench Permit | For Soil Evaluations and Perc Testing Observation Holes |
Onsite subsurface sewage disposal system abandonement form | For the abandonement of Onsite subsurface sewage disposal systems per Title 5 |
Disposal Works Installers – Page 2 | Permit for Disposal Works Installers (Septic) |
Septage Hauler – Page 2 | To RemoveTransport SeptageContents of PriviesCesspools |
Town Sewer Connection Waiver | Fill out if the sewer line is greater than 150 feet from the building |
ResourcesGuides | Description |
---|---|
Flooding and Sewage Back-ups: Home Care Guide | How to protect your home and family from disease-causing pathogens in the event of a flood or sewage back-up. |
Homeowner Septic System Checklist | A checklist to maintain records of proper septic system maintenance. |
Caring for Your Septic System-A Guide | Septic systems are individual wastewater treatment systems, usually for individual homes. They are typically used in rural or lot settings where central wastewater treatment is not efficient. |
Types of Septic Systems | Septic system design and size can vary widely, from within your neighborhood to across the country, due to a combination of factors. These factors include household size, soil type, site slope, lot size, proximity to sensitive water bodies, weather conditions, or even local regulations. This link describes ten of the most common types of septic systems used. The list is not all-inclusive; there are many other types of septic systems. |
A list of frequently asked questions about the Massachusetts Title V Septic Regulations (FAQ) 1. My house is equipped with a septic system. Is it necessary for me to get it examined before I sell it? If you are selling your house, you will not be able to close unless your septic system has passed a Title V inspection performed by an inspector who is certified by the state and licensed by your municipality. A Title V Inspection is valid for two years after it is completed. However, if you have recorded septic pumping service each year on or before the anniversary date of your septic system inspection, the inspection will be valid for three years.
Depending on the results of the inspection, your system will be classified as “passing, failing, or conditionally passing” (i.e., requires repairs).
What is a conditional pass, and how does it work?
One of the most prevalent issues that has to be addressed is the requirement for a repair or replacement of the distribution box.
As soon as the repairs are completed, your Board of Health will issue a Certificate of Compliance, which will be considered as a passing Title V at the time of closing.
The septic system in my home failed.
It may be necessary to repair or replace your septic system if the examination is unsuccessful.
Nonetheless, if the Health Agent determines that the failure constitutes a health danger, the homeowner may be forced to begin the process of rectifying the problem as soon as possible.
First and foremost, the seller has the option of doing the repair and completing it prior to closing, provided that the Board of Health gives its full approval.
The parties can also agree on an escrow holdback to pay the cost of septic repair plus a contingency reserve, with the work being completed after the closing.
In order to build a new septic system, what are the procedures and expenses to be expected?
Once the engineer has been employed, a percolation test, often known as a “perc,” is arranged.
The findings of the perc test, the size of your lot, and the number of bedrooms in your home are all taken into consideration when the engineer constructs a septic system to service your home.
The Board of Health has 45 days to study the proposals and to either approve or reject them if they are found to be acceptable.
If the plans are refused, they must be altered, and an extra price of $50.00 is levied to have them examined again.
It is necessary to set aside an extra 90 days for the evaluation and approval procedure for the planned system if state deviations (which are handled by the Department of Environmental Protection) are required.
Is there any type of verification that the project has been finished and that it complies with Title V regulations once it has been completed?
The COC is given to the homeowner once the work has been completed and payment has been received.
How long does the entire process of fixing a septic system take, from start to finish?
According to the system, the amount of time might differ from one to another.
One of these is the availability of the Health Agent to observe a “perc” examination.
Additionally, if the intended system necessitates either local or state deviations, time must be set up for public hearings and variance hearings must be scheduled.
7.
The cost of a new septic system can range between $25,000 and $50,000.
8.
Massachusetts Home Septic Loan Program allows homeowners who cannot afford to repair their failing septic systems to apply for financial assistance through the Massachusetts Home Septic Loan Program.
The MassHousing website may be found here.
A low interest rate is charged on the loans, and they are repayable over a prolonged period of time.
There are tax credit applications available from the Department of Revenue (DOR) that allow homeowners to claim tax credits of up to $6,000 for septic system renovations.
The tax credit may only be used for renovations done on a principal dwelling, and no other work is allowed. When it comes to tax credits, Tax Form Schedule SC is the right form to use. The Massachusetts Department of Revenue’s website.