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.

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.

.

A septic system should be pumped every one to two years, depending on the amount of people living at the residence.

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.

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.

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.

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.

If weather conditions prevent an inspection before a sale, Title 5 allows the inspection to be done up to six months afterward, provided that the seller notifies the buyer in writing of the need to complete the inspection.

The general layout of system components, including the location of the sewer, septic tank or cesspool, distribution box, and leaching field; Type of use (residential/commercial), Title 5 design flow, and if the facility is occupied or vacant; Analysis of Title 5 criteria that indicate system failure, and, for large systems, criteria which indicate a threat to public health and the environment; Water use records from the previous two years, if available; Description of the tank, including condition, approximate age, and thickness of grease/scum layer; Characterization of the 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.

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.

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.

Yes, this is required by Title 5.

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.

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.

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.

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.

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 can be made, the inspector must note the steps taken to complete the inspection on the official form.

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.

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.

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.

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.

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.