Massachusetts Title V
As
of March 31, 1995, Massachusetts has adopted state regulations that govern
the inspection of individual on-site waste systems on residential
properties. Any transfer of
title after March 31, 1995 must have had a Title 5 inspection performed
within two years prior to the date of closing. When an inspection cannot be performed due to adverse weather
conditions, a title transfer is permitted with the condition that an
inspection be performed within six months of closing.
All Inspectors must be state approved.
The
Massachusetts Department of Environmental Protection (MA-DEP) recommends
that the Inspector obtain water usage records for each property dating back
two years from the time of the inspection, as well as a site plan of the
installed system. Inspectors
are required to locate, access, and open all tanks and the distribution box
to determine if the system is failing. Inspectors are expected to report the high ground water level on each
property to determine whether or not the water table is threatening the
operability of a leaching area. In
some cases, excavation may be required to determine the water level.
Inspections are reported using the state-designed format.
Copies of reports must be submitted to each local Board of Health as
well as the party representing the buyer at closing.
The
system does not have to be pumped at the time of inspection.
Some Inspectors feel that pumping the system should be a required
procedure since they would not feel comfortable passing a system without
inspecting the interior of the tank. Others
feel comfortable releasing a “Pass” report without having had the system
pumped since inspecting the components of the interior of the tank is not
difficult when there is minimal scum and sludge build-up, which usually
indicates proper maintenance of the system.
Minnesota Compliance Inspection
of December 31, 1995, a Minnesota compliance inspection must be conducted
when an individual sewage treatment system (ISTS) is installed or replaced,
before a variance is granted for the construction of an ISTS, and before a
building permit is issued for the addition of a bedroom or bathroom. This is
not a state requirement for transfer of title, however, a complete
compliance inspection must be conducted if anyone other than the property
owner evaluates the system for disclosure purposes.
Some township, city and county (LUG) ordinances require a compliance
inspection for all property transfers.
After
the compliance inspection is completed, a certificate of compliance or
notice of noncompliance must be submitted to the system owner within 30 days
after the date of inspection. The
certificate must also be submitted to the Minnesota Pollution Control Agency
(MPCA) commissioner in areas that are not governed by an ISTS ordinance or a
building ordinance, and sent to the LUG in areas governed by at least one of
these ordinances. The MPCA has
developed an inspection form that includes the certificate of compliance and
notice of noncompliance and should be used by all qualified state Inspectors.
Individuals
who perform the compliance inspection must be appropriately licensed in that
county, city or township. The Inspector must hold a State Designer 1 License or an
Inspector license for
their jurisdiction. The Inspector must be independent of the ISTS owner and the installer for new
construction and replacement.
The
system will be in compliance if the certified state Inspector finds no
evidence of the following:
- Discharge of sewage to ground surface
- Discharge of sewage to a surface water
- A seepage pit, dry well, cesspool or leaching pit
- Less than three feet of vertical separation between the soil
treatment system bottom and the saturated soil or bedrock
- Sewage backup into dwelling or establishment
- Situations with the potential to immediately and adversely impact or
threaten public health or safety
The
certificate of compliance is good for three years, unless the system is
brand- new, in which case it would be valid for up to 5 years.
Pumping the system is not required, however, it is encouraged since a
proper inspection of the integrity of the tank will be very difficult if the
tank is not pumped.
Missouri Compliance
Inspection
Missouri
has adopted a certification procedure for all individuals performing
on-site waste system evaluations. The
environmental department has not yet put together a code of regulation
governing this new procedure, but it has approved the new program, which
became effective July 1, 1998. The
new program requires a full non-intrusive inspection of the residential,
on-site wastewater system.
The
licensed Inspector will gather general information of the property and
detailed data on the waste system. The
form recommended by the state does not pass or fail the system; it is simply
a data collection of the components, performance, and current operation of
the system. The Inspector will
fill out the state-approved form and include additional comments when
necessary. No final
recommendations will be given.
While
on-site, the Inspector will answer a series of questions on the system’s
current operations, such as the: functionality of the tank; plumbing;
distribution box; and absorption area.
The on-site professional will also look for signs of system
deficiencies such as sewage discharge, back flow, sludge and/or scum
build-up, system deterioration and other malfunctions. Part of the testing
procedure is to introduce water from the house to the tank.
The Inspector will look for evidence of saturation in the field and
an overflow in the tank.
The Inspector will also inspect the well and its casing to determine if it is
structurally sound and will answer a series of questions on the maintenance
of the well.
Pumping
out the septic system is not required for this evaluation, however, the
system should be pumped so that the baffles/tees and other components inside
the tank are properly inspected. The Inspector will determine whether to pump the tank based on how much scum and
sludge is present at the time of the evaluation.
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