Massachusetts Septic System Law (Title V) 101

I've worked with several first-time home buyers that have had a negative perception of homes with septic systems. The perception is wrong. Sure, just being hooked into a town or city sewer may be the more convenient of the two waste disposal systems, but many beautiful and expensive homes in some of the best neighborhoods have septic systems.

The following is a brief description of the Massachusetts law regarding septic systems or cesspools, commonly referred to as Title V.

Homes that are not connected to a local sewer system use septic systems or cesspools, both of which are regulated by the state Department of Environmental Protection (DEP) and local boards of health. Local boards of health are the primary regulatory authorities; however, the DEP is involved in certain approvals.

A septic system has a tank, a distribution box, and soil absorption system commonly known as a "leach field" or "leaching field." A cesspool has a pipe carrying waste from the home to a pit that distributes liquid waste. Cesspools are much less common.

Improperly functioning septic systems and cesspools are a major cause of the pollution of our coastal waters, rivers, and water supplies. Since 1995, the state environmental code governing septic systems, commonly referred to as Title 5 regulations, has required inspections of septic systems and cesspools prior to a home being sold or enlarged. This inspection also includes a soil evaluation test, which a DEP-approved soil evaluator must perform. In most instances, systems that fail inspection must be repaired within 2 years.

Wherever feasible, a failed system must be upgraded to full compliance with Title 5. If this is not possible, in many instances the local Board of Health is authorized to approve a "Local Upgrade Approval" that brings the system as close to full compliance as possible in accordance with certain minimum criteria. In such cases, homeowners must apply to a local board of health for a variance from Title 5 regulations.

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. Also, cesspools must be upgraded prior to an increase in design flow (i.e., the addition of a bedroom).

Typically the seller of a home will make the necessary repairs or upgrades to comply with Title IV regulations prior to the sale of a home.

DISCLAIMER: The above information, and all content within this blog and the pages linked to from it, is for informational purposes only. It is not, nor is it intended to be, legal advice. You should not rely on this information without consulting an attorney licensed in your state.