When did the current Code go into effect?
The section of the rules dealing with approval of alternative technologies went into effect on November 10, 1994. All other provisions took effect on March 31, 1995; except for the requirement for the use of an approved Soil Evaluator, which became effective on January 1, 1996. In addition, interim, emergency revisions were made to the regulations, which became final on November 3, 1995.
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Who regulates cesspools and septic systems?
Local Boards of Health are the primary regulatory authorities. However, DEP is involved in certain approvals, including: many alternative technology approvals, shared systems,large systems and many variance requests. In addition, DEP is responsible for overseeing local implementation of Title 5 and provides those bodies with training and technical assistance
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What is the difference between a cesspool and a septic system?
A cesspool generally consists of a pipe, running from a building, which empties into a pit from which liquid leaches into the surrounding soil. This arrangement does not allow proper detention of solids or proper distribution of wastewater. As a result, the wastewater can overload the capacity of the soil to remove bacteria and viruses, to remove phosphorous, and to nitrify ammonia and organic nitrogen compounds. A conventional system, on the other hand, is composed of: a building sewer, a septic tank (where solids can settle and begin to degrade), a distribution box, distribution lines(which prevent effluent from overloading the soil), a soil absorption system (which further treats the effluent by removing some of the bacteria, viruses, phosphorous, and nitrogen), and a reserve area.
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Does the Code require every cesspool to be replaced?
No. Only those cesspools that exhibit signs of hydraulic failure, are located extremely close to private or public water supplies, or otherwise fail to protect or pose a threat to public health, safety or the environment will need to be upgraded. See 310 CMR 15.303. Additionally, cesspools must be upgraded prior to an increase in design flow (e.g., the addition of a bedroom to a residence, or seats to a restaurant).
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Does the Code require my system to be inspected?
The Code generally requires systems to be inspected prior to transfer of the title to the property, and prior to a change of use or expansion of the building(s) served by the system. Systems serving condominiums consisting of five or more units must be inspected by December 1, 1996, and then every three years; systems serving smaller condominium developments, instead, may be inspected at time of unit transfer. Shared systems must be inspected annually and large systems (10,000 to 15,000 gallons per day design flow) every five years on the basin schedule in the Code. When facilities are divided or combined, inspection is also required. Systems located in cities and towns with DEP-approved inspection programs will be required to comply with those local programs, rather than the inspection at transfer requirement.
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Who conducts a system inspection?
Massachusetts Registered Professional Engineers with a concentration in civil, sanitary or environmental engineering, Massachusetts Registered Sanitarians and Certified Health Officers may perform inspections. Additionally, Board of Health members and agents, professional home inspectors, licensed septage haulers, system installers, Engineers in Training (EIT certified with a concentration in civil, sanitary or environmental engineering) and persons with at least one year of experience in system inspection all may conduct inspections, provided that they have attended appropriate training and passed a DEP inspectors' exam. DEP has developed a training course for prospective inspectors and has an inspection form that must be used for inspections. Cities and towns have the authority to develop stricter qualifications than Title 5 for becoming a system inspector; some have an additional examination or registration process.
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How do I have my system inspected if I am selling the house in the middle of the winter?
The regulations require an inspection to be conducted anytime in the two years before the sale, or up to six months after the sale if weather conditions precluded prior inspection. If, however, the system has been pumped on an annual basis, and the pumping records are available, then the inspection is valid for three years. There may be different requirements if your city or town has a DEP approved inspection program.
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What is maximum feasible compliance?
The concept of maximum feasible compliance (MFC) is "do the best you can with what you've got." Wherever feasible, a failed system must be upgraded in full compliance with the rules. But if this is not possible, in many instances the local Board of Health is authorized to approve an upgrade that brings the system as close to full compliance as possible, in accordance with certain minimum criteria. In many of those cases, DEP approval would not be needed. Where upgrades are unable to meet basic, minimum requirements - for example, minimum groundwater separation (if less than three feet in slow percolating soils or less than four feet in fast percolating soils) or water supply setbacks (if less than 100 feet from a public water supply or tributary or less than 50 feet from a private water supply well), however, variances and DEP review and approval would be required.
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What happens if I cannot meet those basic requirements?
If you cannot meet certain basic minimum requirements, you generally will have to apply to the local board of health and to DEP for a variance. The new rules provide a number of options. The use of an alternative technology, for example, which provides better treatment than a conventional system, might be a solution, and, in many cases, may be used without a variance. Installation of a shared system also could be a feasible solution.
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What alternative technologies are available?
The regulations specifically provide that recirculating sand filters are approved for general use and composting/humus toilets are approved for general use and in upgrade (remedial) situations. Both uses must be consistent with the conditions in the Code. In addition, the Code establishes a comprehensive approach for evaluating and approving other alternative technologies. The Department has issued several Piloting Use Approvals, Provisional Use Approvals, Certifications for General Use and Remedial Use Approvals for additional alternative technologies and continues to review applications on an ongoing basis. For more information on DEP approved alternative technologies, contact your local Board of Health.
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What about "tight tanks"?
The regulations strongly discourage the use of "tight tanks", which are similar to septic tanks, except that they have no outlet and must be pumped out at regular intervals. Use of tight tanks are allowed in situations where an existing system has failed and there is no other feasible alternative. Tight tanks are not allowed to serve new construction or increases in design flow.
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If I own a vacant lot, can I build on it?
Generally, if an individual lot were buildable under the 1978 rules, but a proposed new system could not fully comply with the new rules, you can build up to a three bedroom house, provided that that house size could have been built under the 1978 Code, as long as the application is filed by January 1, 2000, and the system is completed within three years of permit receipt. In some circumstances, a larger house would be allowed, provided that a higher level of treatment (e.g. a Recirculating Sand Filter) is provided. Longer time frames may apply to certain subdivisions and construction of facilities subject to a M.G.L. c.40B Comprehensive Permit. Should the Title 5 system application not be filed by January 1, 2000, then the proposed system must comply fully with the Code.
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Why can't I put my leaching field underneath the driveway?
Title 5 precludes using area under a driveway for a soil absorption system unless restrictions on the land leave no other feasible option. Impervious areas such as driveways or parking lots restrict air passing through the soils. In addition, the weight of the cars can compact the soil and may break distribution pipes. Lack of oxygen prevents the degradation of the septic tank effluent in the soil, and compaction reduces flow, making the system likely to clog and fail. Soil absorption systems which are placed under driveways are required, by 310 CMR 15.240 (7), to be vented to the atmosphere. Additional standards apply to system components in areas where automobile or other heavy equipment is anticipated.
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What happened to existing local rules when the 1995 Code took effect?
Local rules are adopted under independent legal authority. Existing local rules that conflict with or are less stringent than the Code are no longer in effect. Local rules which are more stringent than the Code remained in effect, but Boards of Health are urged to review them and determine whether they are still appropriate.
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Do any government agencies provide financial assistance for repairs and/or upgrades?
The federal Farmers Home Administration (FHA) and the Massachusetts Housing Finance Agency (MHFA) offer financing to qualified individuals. For information regarding the federal programs, contact your local FHA county office as listed in the phone directory or write:
Farmers Home Administration
U.S. Department of Agriculture
Washington, DC 20250
For information regarding MHFA programs contact:
Massachusetts Housing Finance Agency
One Beacon St.
Boston, MA 02108 (617) 854-1000
Under the State "betterment law," cities and towns in Massachusetts have the option of providing upfront financing of residential system upgrades. The betterment law allows municipalities to create revolving loan funds to pay for upgrades and to recover costs by assessing betterments on the property tax bills of the homeowners who benefit. For costly upgrades, homeowners may be given up to 20 years to reimburse the city or town for costs, plus interest.
The Department has provided boards of health with details about this program. For additional information, you should contact your Board of Health, or the Department at 800/266-1122.
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