Septic/Title V

April Showers Bring May Septic Problems: Massachusetts Title 5 Septic Rules

by Rich Vetstein on April 3, 2013

in Disclosures, Environmental Law, Septic/Title V

septic_systemMassachusetts Title V Septic Regulations Frequently Asked Questions (FAQ)

About 1/3rd of all homes in Massachusetts are dependent upon septic systems, rather than municipal sewer. These include some of the toniest Metrowest suburbs from Wayland, Sudbury, Weston, and Hopkinton all the way down the Cape.

While the month of April brings the start of the busy spring real estate market, it also brings thawing of the permafrost, snow and lots of rain — conditions which can wreak havoc with older septic systems and their leaching fields. Most buyers and their Realtors recoil at the words “Title V” and “fail” and for good reason. The cost to replace a failed septic system can be exorbitant, running upwards of $50,000 in some cases.

Massachusetts septic systems, also called subsurface sewage disposal systems, are governed by Title V or Title 5 of the Massachusetts Environmental Code administered by the Massachusetts Department of Environmental Protection (DEP). These complex regulations govern the inspection, design, construction and operation of septic systems. The rules affect as many as 650,000 Massachusetts homeowners with septic systems. Here are some frequently asked questions and answers on Title 5 septic regulations.

My home has a septic system. Do I need to have it inspected before I sell?

If you are selling your home, you cannot close without a passing Title V inspection of your septic system, completed by an inspector who is licensed by the state and your town. A Title V Inspection is good for 2 years. However, the inspection will be valid for 3 years if you have documented septic pumping service each year on or before the anniversary date of your septic system inspection. A list of licensed inspectors is available at your local Board of Health office. Here is a list of Board of Health Departments for Massachusetts.

The inspector will determine whether your system “passes,” “fails” or “conditionally passes” (i.e., requires repairs).

What is a conditional pass?

A conditional pass means that your system will pass if a certain condition is met. A repair or replacement of the distribution box is the most common condition that needs to be met. The inspector would write up his official Title V report with the conditional pass notes outlining the needed replacement of the distribution box. Once the repair is done, your Board of Health will issue a Certificate of Compliance which will be accepted as a passing Title V at closing.

My septic system failed. What do I do now?

If the inspection fails, your septic system must be repaired or replaced. If ownership of the house is not being changed, the homeowner may have up to two years to complete the repair. However, if the Health Agent deems the failure to be a health hazard, the homeowner can be required to begin the process of repairing it immediately.

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. Alternatively, the parties can agree to an escrow holdback to cover the cost of the septic repair plus a contingency reserve, and the work is undertaken after the closing. Some lenders don’t allow septic holdbacks, however.

What are the steps and permitting fees to install a new septic system?

The first step in beginning a septic repair is to hire an engineer to evaluate your land and to design a system that would be appropriate for your property. Once the engineer is hired, a percolation or “perc” test is scheduled. The perc test measures the rate at which water is absorbed into the ground and determines whether the soil is suitable for a septic system. Based on the results of the perc test, the size of your lot, and the number of bedrooms in your home, the engineer designs a septic system to serve the property. Once the plans have been drawn, four copies of the plans, two copies of the soil analysis, and a check for $175.00 must be submitted to the Board of Health office. The BOH has 45 days to review the plans and to either approve or reject them. If the plans are approved, the plans can be picked up and the installation of the system can begin. If the plans are rejected, the plans must be revised and an additional fee of $75.00 is charged to have them reviewed again. If the designed system requires state variances (done by the Department of Environmental Protection), an additional 90 days must be allotted for the review process.

When the job is completed is there any form of certification that it has been done and that it meets Title V standards?

At the completion of the job, (that is, when all work has been done according to the plans; when the engineer has submitted an “as-built” plan as to 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 issued to the installer. Upon payment for the work, the installer gives the COC to the homeowner.

How long does the process for repairing a septic system take, from beginning to end?

A homeowner should allow approximately 3 to 4 months for the installation of a septic system. The length of time can vary from system to system. There are a number of variables involved. The availability of the Health Agent to witness a “perc “ test is one. Because of the amount of work that has to be completed, engineers and installers are often busy for months in advance. In addition, if the designed system requires either local or state variances, time must be allotted for public / variance hearings. A system that is installed in less than 2 months (from start to finish) is the exception to the rule.

What is an average cost for the system?

New septic systems can range from $25,000 to $50,000. The type of system designed, the size of the lot, the number of bedrooms, the engineering fees, the requested variances, the type of soil, and the proximity of the system to water, all contribute to the cost of the system.

If I am required to replace my failed system and I do not have the money, what do I do?

Homeowners who cannot afford to repair their failed septic systems made apply for financial aid with the Massachusetts Home Septic Loan Program. Here is the MassHousing Web site. Here is the PDF for the Homeowner Septic Loan Repair program. Applications for this program are available at most local banking institutions. The loans are low interest and repayable over an extended period of time.

The state also provides a tax credit of up to $6,000 over 4 years to defray the cost of septic repairs to a primary residence. Forms are available from the Department of Revenue (DOR) to allow homeowners to claim up to $6,000 in tax credits for septic upgrades. The credit cannot exceed $1,500 in any year and may be spread out over 4 years. The tax credit is limited to work done on a primary residence only. Tax Form Schedule SC is the correct form for the tax credits. MassDOR Web site

I have a cesspool. Will that pass Title V?

You may be wondering how this all applies to cesspools. Cesspools are much harder to pass in Massachusetts. Does every single one automatically fail? No.

Only those cesspools that exhibit signs of hydraulic failure, are located very close to private or public water supplies, or otherwise do not protect or pose a threat to the public health, safety or the environment will need to be upgraded. Also, cesspools must be upgraded prior to an increase in design flow (e.g., the addition of a bedroom to a home.

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Richard D. Vetstein is a Massachusetts real estate attorney who helps people buy, sell and finance residential real estate. He can be reached via email at [email protected] or by phone at 508-620-5352.

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Cleaning Up After Hurricane Sandy: Homeowner’s Insurance Coverage & Downed Trees

by Rich Vetstein on October 30, 2012

in Condominium Law, Insurance, Massachusetts Real Estate Law, Septic/Title V

Massachusetts Homeowner’s Insurance Coverage for Hurricane Damage

Although Massachusetts was spared a direct hit by Hurricane Sandy, there are widespread reports of flooding and property damage. Whether the damage to your home from Hurricane Sandy is covered by your homeowner’s insurance policy depends on the source of the damage. Typically, damage caused by wind, downed trees and power outages are covered. However, flooding caused by rain or surface water is typically not covered. I will explain each below.

Wind Damage/Downed Trees

The standard Massachusetts homeowners insurance policy typically covers damage caused by wind — including broken windows, torn roofs and any interior damage from trees or limbs falling into the home. (If a tree falls onto a car, many comprehensive auto policies will cover the damage.)

Some policies, however, require that homeowners pay a hefty deductible before homeowners’ insurance policies kick in for wind damage — often 1% to 5% of the total amount the home is insured for.

Power Outages

The hurricane has left hundreds of thousands of Massachusetts customers without power. Homeowners’ insurance policies typically cover any property damage caused by electrical outages due to a hurricane. Some policies will even reimburse you for spoiled food.

Flooding and Water Damage

Flooding — defined by insurers as any water that rises from the ground or from the sky, including tidal waves — is typically not covered by Massachusetts homeowner’s insurance policies. If your home has flooded due to coastal ocean storm surge, rising streams, ponds or wetlands or from surface water, your homeowner’s policy will unfortunately likely not cover the damage.

To get reimbursed for hurricane flooding damage, homeowners would have already secured federal flood insurance. The average flood premium is about $600 annually, but rates go up to nearly $6,000 for the highest-risk coastal properties, according to the National Flood Insurance Program.

Homeowners who live in flood zones usually have flood insurance already: Many lenders won’t provide these home buyers with a mortgage unless they’ve signed up for flood coverage. These homeowners can rest (relatively) easy; if their home floods, flood insurance will pay for that damage. Those unlucky homeowners in the interior parts of the state aren’t so lucky.

Condominiums

Hurricane damage to condominiums raise special concerns. The coverages are typically the same as outlined above, however, there is usually a question as to whether the master condominium insurance policy or the HO-6 homeowner policy will be the primary policy in play. That depends on whether the damage originates from a common area or inside a unit and the particular provisions of the master deed and by-laws.

Serious Damage

If a home becomes so damaged that it’s uninhabitable, most standard homeowner policies will pay for a family’s living expenses — including lodging and food — while the house is being repaired.

Making An Insurance Claim

As with any insurance damage claim, my advice has always been document, document, document. Take photos and video of the damage. Keep all receipts for fans, blowers, wet vacs, sump pumps, repairs, new windows, etc. Be prepared to wait for the insurance companies to process the thousands of claims arising from Hurricane Sandy.

Liability For Fallen or Downed Trees

Given all the trees and branches which fell across New England, the pressing question of the day is, clearly, who is responsible if my neighbor’s tree or tree branch fell on my house, car, shed, patio, grill, etc. during the storm?

Under Massachusetts law, an owner of a healthy tree which falls during a hurricane or storm is generally not liable for any damage because the law considers this an “act of nature” for which no one is legally liable. Thus, if your neighbor’s tree has fallen on your house or car, you will have to make a claim under your and/or your neighbor’s homeowner’s insurance policy for the damage.

On the other hand, if the neighbor’s tree was diseased or decayed, was known to be at risk of falling and the neighbor ignored it, there could be negligence and liability. Either way, if you have homeowner’s insurance, the insurance companies will sort out fault and blame.

Local Insurance Claims Numbers

Acadia Insurance (800) 691-4966
AIG (Global Energy) (877) 743-7669
Chartis (formerly AIG) Private Client Group 888-760-9195
Andover Companies: Cambridge Mutual & Merrimack Mutual (800) 225-0770
Chubb Group (800) 252-4670
Commerce (800) 221-1605
Fireman’s Fund (888) 347-3428
Great American (888) 882-3835
Guard Insurance Group (888) 639-2567
Hanover Insurance (800) 628-0250
Hartford Insurance (800) 327-3636
Hingham Mutual (After hours claims) (800) 972-5399
Mass. Property Insurance Underwriting (800) 851-8978
Trident (After hours claims) (800) 288-2502
Tower (877) 365-8693
Quincy Mutual (800) 490-0047
Safety Insurance (800) 951-2100
Selective Insurance (866) 455-9969
Splash Program (Emergency Pollution related claims) (866) 577-5274
Splash Program (Emergency Non-Pollution related claims) (800) 746-3835
Travelers Personal lines:
(877) 425-2466
Commercial:
(800) 832-7839
Utica National (800) 216-1420
Vermont Mutual (After hours claims) (800) 445-2330
Zurich/Maryland (800) 565-6295

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Richard Vetstein is a Massachusetts real estate attorney. If you have any property damage questions, please contact him at [email protected].

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From Asbestos to Radon: The Massachusetts Home Inspection Process, A Legal Perspective

by Rich Vetstein on January 13, 2012

in Condominium Law, Construction Law, Disclosures, Home Inspections, Lead Paint, Massachusetts Real Estate Law, Offer To Purchase, Purchase and Sale Agreements, Realtors, Safety, Septic/Title V

The home inspection is one of the most critical aspects of every Massachusetts real estate transaction. Virtually every buyer in a standard purchase transaction (meaning not a short sale, foreclosure, or bank-owned property) will opt to perform a home inspection, and for good reason. You need to know whether there are any serious structural, mechanical or other defective conditions in the home before you close.

As always, I’m going to focus on the legal aspects of the home inspection as it impacts the overall transaction.

Buyer Beware

Let’s start out with the legal framework for what, if anything, a seller and his real estate agent are required to disclose to a prospective buyer. Surprisingly to most buyers, a private seller has no legal duty in Massachusetts to disclose any type of information, good or bad, about the property (except for the presence of lead paint). This is called caveat emptor, or buyer beware. Real estate agents stand on a heightened legal footing. Under Massachusetts consumer protection regulations governing real estate brokers, a broker must disclose to a buyer “any fact, the disclosure of which may have influenced the buyer or prospective buyer not to enter into the transaction.”

Nevertheless, I always advise buyers not to rely or trust anything the seller or his/her agent says about the property. This is exactly the reason why most buyers will choose to get an independent home inspection.

Inspection Contingencies

The standard form Offer to Purchase (click for form) will include several inspection related contingencies: the general home inspection contingency, radon, lead paint, and pest contingencies. The buyer typically has between 5 and 10 days to complete these inspections. If the inspections reveals any problems requiring repair or remediation, the parties will negotiate repairs during this inspection period, and the agreement will be reflected in the standard purchase and sale agreement or sometimes a separate repair agreement which is signed around 14 days after the accepted offer. Typically, the Realtors do the heavy lifting on home inspection negotiations, and by the time it gets to the attorneys, there is an agreement in place.

The attorneys can craft the language for repairs. I always insist that repairs are performed by licensed contractors with evidence of completion provided prior to or at closing. Also, buyers should know that repairs provided in the purchase and sale agreement may trigger a second property inspection by the lender’s underwriters which could add another layer of oversight into the deal.

If the problems are so serious that the buyer wants to walk away from the deal, there is a mechanism for where the buyer provides notice to the seller and a copy of the inspection report. It’s very important to provide proper notice in order to get the buyer’s deposit returned. An attorney should be consulted for this situation.

Home Inspector License Requirements

Since 1999, Massachusetts has required that home inspectors be licensed by the state Board of Registration of Home Inspectors. You can search for home inspector licenses here: Massachusetts Home Inspector License Search.

Buyers should recognize the limits of the home inspection. The state regulations requires inspection of “readily accessible” components of a dwelling. Most modestly priced inspections are visual inspections of the property. The inspector is trained to identify defects in the systems of a house but cannot be expected to have x-ray vision. Moreover, property inspectors are not generally trained civil engineers. Structural defects and weaknesses may not be readily apparent, and may require follow up by a licensed structural engineer. In many cases, however, evidence of inappropriate settling or structural failure can be observed during a visual inspection. An experienced inspector will summarize the “big picture,” but inspectors are not required to identify the exact nature and extent of structural deficiencies. Regulations specifying the elements of a dwelling to be observed and reported on by the home inspector may be found here at 266 C.M.R. § 6.00.

Condominiums

When you buy a condo, you not only buy the unit, but the common areas such as the common roof, mechanical and HVAC systems, grounds, etc. Good home inspectors will ensure that the inspection of a condominium includes the common areas as well as the unit itself. The common area inspection may reveal deferred maintenance needs and inadequately performed repairs that may result in increased condominium fees and special assessments.

Radon

The Environmental Protection Agency (EPA) has established an “action level” of 4.0 pico-curies per liter (4.0 pCi/l) of radon present in indoor air. Although not established as an unsafe level, this figure has been established as the point at which protective measures are recommended. Prospective purchasers and home inspectors frequently use commercially available canisters to collect radon data. This method is cost-effective but may not give accurate results. The canisters are ordinarily placed for twenty-four to forty-eight hours in the basement and on the first floor of the dwelling. The canisters must be placed away from drafts and should not be disturbed. After the test period, the canisters are sealed and forwarded to a testing laboratory. Sometimes, the radon results are not ready by the time the purchase and sale agreement has to be signed. In this situation, the parties can either agree to extend the deadline or agree to a radon contingency.

If the radon results come back over 4.0 pCi/l, depending on the language of the radon contingency, the buyer can typically opt out of the deal altogether or require the seller to install a radon remediation system. Often the sellers will attempt to cap the cost of the system.

Pests

Most home inspectors are also qualified to perform inspections for wood-boring insects, such as termites, powder post beetles, and carpenter ants. All properties should be inspected for such pests. Properties financed by certain government-sponsored loan programs, such as the Federal Housing Authority, require a pest inspection as a condition of obtaining a loan. It’s a good idea to ask the sellers if they have an existing pest control contract that can be transferred to the new buyers.

Lead Paint

The Massachusetts Lead Law requires the buyer to be given the opportunity to inspect for lead paint. The seller or broker is required to provide potential purchasers of homes built before 1978 with the notification package prepared by the Massachusetts Department of Public Health.

Sellers and real estate agents are required by law to disclose any information about known lead paint hazards in their properties, and to provide copies of any documentation relating to the lead paint status of the properties (i.e., a lead inspection report or risk assessment report). The seller must grant a ten-day contingency period from the date the buyer receives the property transfer notification to conduct a lead paint inspection. If the buyer discovers lead paint in the dwelling during the inspection period, the contingency required by the statute permits the buyer to withdraw from the agreement without further obligation.

Although a seller is under no obligation to actually abate the lead paint, a lead-free house may be more valuable and marketable. This is particularly true for multi-family properties where tenants with children under six years of age may trigger the abatement requirements of the law. Sellers are required to provide any documentation they have of the estimated costs to abate the lead paint. Should a seller refuse to make a price concession based on the presence of a lead paint hazard, a buyer could argue that any subsequent buyer also should be made aware of the hazards and related costs. As a result, the availability of a lead paint inspection and cost estimate can become a powerful negotiating tool for the buyer.

Lead paint testing is typically not done as part of a standard home inspection, and must be separately arranged by a certified lead paint assessor.

Mold and Mildew

Mold and mildew are tricky subjects for home inspectors. The presence of excessive amounts of mold spores has been linked to asthma and other respiratory ailments and is claimed to cause permanent injuries. Mold grows in warm, moist environments and can be present behind walls and ceilings, in heating and cooling ducts, and in other difficult-to-inspect parts of a house or condominium building. As noted, although a building inspector cannot peer behind walls, a thorough inspection can detect water penetration, which is the precursor and necessary condition for a mold problem. Where mold is suspected, a buyer can always request that his home inspector be allowed to drill small exploratory holes to test for the presence of mold/mildew.

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Richard D. Vetstein, Esq. is an experienced Massachusetts real estate attorney. Please contact him if you need assistance with a home purchase or sale.

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Wetlands, Swamps and Buffer Zones: A Primer on Massachusetts Wetlands Protection Law

by Rich Vetstein on May 20, 2011

in Massachusetts Real Estate Law, Permitting/Zoning, Septic/Title V, Wetlands

Interdunal Freshwater Wetland - Sandy Neck, Barnstable, MA_resizeOverview of Wetlands Regulations

Massachusetts has one of the most restrictive wetlands and environmental codes in the U.S. Simply put you cannot do anything — not clear, cut, fill, dump (not even leaves, grass clippings or dirt), alter, grade, landscape or build upon — any wetland resource area without a permit from your local town Conservation Commission.

The state Wetlands Protection Act and Rivers Protection Act impose stringent restrictions and oversight of real estate development in and near coastal wetlands areas, such as salt marshes, dunes, beaches, and banks, and inland wetlands areas, such as swamps, marshes, rivers, streams, ponds, and lakes. Many homeowners are often surprised to learn their property contains or is near protected wetlands or is within a restricted buffer zone which will impact their ability to construct an addition, deck, pool, driveway, or cut trees.

Check With the Local Conservation Agent First

A buyer and their Realtor should always research whether there are wetlands on or near the property. First, walk the property — the whole thing. I’m shocked at the number of times agents don’t do this. Next, check the state Geographic Information (Mass GIS) maps online which shows most wetland areas. Next, call over to the local Conservation Agent and pull out the local wetlands maps. The conservation agent should be able to answer most questions and will know whether there are conservation restrictions on the property.

Wetlands Areas & Buffer Zones

The state Wetlands Protection Act and local Wetlands Bylaws include a number of different types of wetlands, and wetland-related areas called “Resource Areas.” These include rivers and streams (“perennial” if they run year round, and “intermittent” if they dry up seasonally); lakes and ponds; the vegetated wet areas bordering rivers, streams, lakes or ponds (“bordering vegetated wetlands”); the 100-year floodplain along rivers and streams; and isolated areas that flood seasonally, such as vernal pools. The determination of wetlands is a science and very complicated.

The first 200 feet from the edge of a perennial stream are regulated as “riverfront area.” The first 100 feet from a vegetated wetland or stream bank are regulated as “buffer zone.” Some towns have even more stringent by-laws and buffer zones, so always check with your town’s conservation commission.

Any work performed within these resource areas and the 200 or 100 foot buffer zones are strictly regulated, and a permit (called an Order of Conditions) must be obtained by the local Conservation Commission before any work starts. The Conservation Commission may decide not to allow the project. Or it may allow it, with a myriad of conditions to protect the wetlands, including hay bales, silt fencing, wetlands replication areas, and other performance standards. Furthermore, disgruntled abutters may appeal the issuance of a conservation permit, so it’s a very good idea to get your neighbors on board before you appear before the conservation commission. It’s also a good idea to hire an experienced Massachusetts wetlands attorney to guide you through the process.

Aquifer Protection

Lastly, many Massachusetts towns rely on municipal wells as their public water supply. In response to threats and actual contamination of drinking water wells, towns have enacted aquifer protection districts. These areas are usually depicted as “overlays” on more customary zoning districts. The use of septic systems, underground fuel oil storage tanks, and other potential contaminants is often closely regulated in aquifer protection districts. Because of the costs of remediating contaminated public wells and locating alternative sources of potable water, state and local governments are taking other measures, such as restricting the size and use of septic systems to protect underground water resources.

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What’s That Smell? From Cesspools to Septic Systems: An Overview of Massachusetts Title 5 (V) Rules

by Rich Vetstein on March 4, 2011

in Massachusetts Real Estate Law, Safety, Septic/Title V

Nearly 30% of homes in Massachusetts are dependent upon Septic Systems, rather than municipal sewer systems. Sudbury, Wayland, Dover, Hopkinton, and many towns down the Cape are serviced by private septic systems.

Septic systems are governed by what’s commonly known as “Title V” or “Title 5” which is Title V of the state Environmental Code administered by the Massachusetts Department of Environmental Protection (DEP). These complex regulations administer the design, construction and operation of septic systems, and are of great importance to homeowners, real estate developers, lenders, Realtors, and attorneys. The rules affect as many as 650,000 Massachusetts homeowners with on-site subsurface sewage disposal systems.

Frequently Asked Questions About Title V

I am selling my home. What is the first thing I must do with my septic system?

The first thing that must be done is to have a Title V inspection, completed by an inspector who is licensed by the state and your town. A list of licensed inspectors is available at your local Board of Health office. Here is a Board of Health roster for Massachusetts. The BOH must be notified 24 hours in advance to any inspection, so that the Health Agent may attend the inspection, if his schedule allows. Any inspection completed without prior notification is not accepted and considered invalid.

According to Sudbury, Mass. Realtor Gabrielle Daniels Brennan, unless you have a very recently installed system, do not hire a company who also repairs and replaces the systems to conduct your Title V inspection. They only pump systems and inspect, and have no interest in anything else.

The inspector will determine whether your system “passes,” “fails” or “conditionally passes” (i.e., requires repairs).

How long is the Title V inspection valid?

A Title V inspection is considered valid for 2 years. However, if the homeowner has his septic system pumped every year, it is valid for 3 years.

My septic system Title V failed. What do I do now!?

If the inspection fails, your septic system must be repaired or replaced. If ownership of the house is not being changed, the homeowner may have up to two years to complete the repair. However, if the Health Agent deems the failure to be a health hazard, the homeowner can be required to begin the process of repairing it immediately.

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. Alternatively, the parties can agree to an escrow holdback to cover the cost of the septic repair plus a contingency reserve, and the work is undertaken after the closing. Some lenders don’t allow septic holdbacks, however.

What are the steps and permitting fees to install a new septic system?

The first step in beginning a septic repair is to hire an engineer to evaluate your land and to design a system that would be appropriate for your property. Once the engineer is hired, a percolation or “perc” test is scheduled. The perc test measures the rate at which water is absorbed into the ground and determines whether the soil is suitable for a septic system. Based on the results of the perc test, the size of your lot, and the number of bedrooms in your home, the engineer designs a septic system to serve the property. Once the plans have been drawn, four copies of the plans, two copies of the soil analysis, and a check for $175.00 must be submitted to the Board of Health office. The BOH has 45 days to review the plans and to either approve or reject them. If the plans are approved, the plans can be picked up and the installation of the system can begin. If the plans are rejected, the plans must be revised and an additional fee of $75.00 is charged to have them reviewed again. If the designed system requires state variances (done by the Department of Environmental Protection), an additional 90 days must be allotted for the review process.

When the job is completed is there any form of certification that it has been done and that it meets Title V standards?

At the completion of the job, (that is, when all work has been done according to the plans; when the engineer has submitted an “as-built” plan as to 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 issued to the installer. Upon payment for the work, the installer gives the COC to the homeowner.

How long does the process for repairing a septic system take, from beginning to end?

A homeowner should allow approximately 3 to 4 months for the installation of a septic system. The length of time can vary from system to system. There are a number of variables involved. The availability of the Health Agent to witness a “perc “ test is one. Because of the amount of work that has to be completed, engineers and installers are often busy for months in advance. In addition, if the designed system requires either local or state variances, time must be allotted for public / variance hearings. A system that is installed in less than 2 months (from start to finish) is the exception to the rule.

What is an average cost for the system?

New septic systems can range from $25,000 to $40,000. The type of system designed, the size of the lot, the number of bedrooms, the engineering fees, the requested variances, the type of soil, and the proximity of the system to water, all contribute to the cost of the system.

If I am required to replace my failed system and I do not have the money, what do I do?

Homeowners who cannot afford to repair their failed septic systems made apply for financial aid with the Massachusetts Home Septic Loan Program. Here is the MassHousing Web site. Here is the PDF for the Homeowner Septic Loan Repair program. Applications for this program are available at most local banking institutions. The loans are low interest and repayable over an extended period of time.

The state also provides a tax credit of up to $6,000 over 4 years to defray the cost of septic repairs to a primary residence. Forms are available from the Department of Revenue (DOR) to allow homeowners to claim up to $6,000 in tax credits for septic upgrades. The credit cannot exceed $1,500 in any year and may be spread out over 4 years. The tax credit is limited to work done on a primary residence only. Tax Form Schedule SC is the correct form for the tax credits. MassDOR Web site

I have a cesspool. Will that pass Title V?

You may be wondering how this all applies to cesspools. Cesspools are much harder to pass in Massachusetts. Does every single one automatically fail? No.

Only those cesspools that exhibit signs of hydraulic failure, are located very close to private or public water supplies, or otherwise do not protect or pose a threat to the public health, safety or the environment will need to be upgraded. Also, cesspools must be upgraded prior to an increase in design flow (e.g., the addition of a bedroom to a home.

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For any questions concerning Title V and the  septic rules and regulations, please contact me at [email protected].

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