- MASS. TITLE V REGULATIONS: 310 CMR 15.00
- Septic Systems: Impact on Water Quality
- Massachusetts Commercial Lease Clause Impact
- More Complex with commercial properties due to septic system sizes
- Massachusetts: 310 CMR 15.00 Effective March 31, 1995
- All on-site disposal systems must be inspected at or within 9 months prior to title transfer.
- Exemption on refinancing or change of ownership among same partnership or spouse.
- Grace period of 6 months after transfer for inspection if weather conditions prevent inspection as stipulated by Code 310 CMR 15.301
- Lenders still might require "holdback" if inspection is delayed.
- DEP interpretations of "weather conditions"
- Local Massachusetts Boards of Health standards may exceed state requirements.
- Massachusetts Buyers and Sellers may negotiate who will pay and who will perform the inspection.
- Inspections to be Conducted by Qualified and Certified Title V Massachusetts professionals
- Massachusetts Tax Credit: January 1, 1997
- Goes to Homeowners
- Cap of $1,500 per year and maximum overall credit of $6,000 for a four year period.
- Reporting Responsibilities.
- "Conditional" Title V certificate.
- Massachusetts towns may elect to connect to town sewer on failures.
- Alternative Technologies
- Setbacks - River/Well/Stream
- Expansion of Structure or change of use.
- Large Commercial Systems
- Systems with design flow of 10,000 gals/day or greater but less than 15,000 gpd/day
- To be inspected frequently
- May require issuance of groundwater discharge permit
- May require the installation of technology capable of discharging effluent which meets Class I groundwater standard.
- Most impact on commercial/industrial properties
- No person shall discharge from the industry categories to any regulated systems.
- No system shall receive oil, hazardous materials or waste, medical wastes or radioactive waste.
- Systems with design flow of 10,000 gals/day or greater but less than 15,000 gpd/day
- New Systems in Massachusetts
- Any change in use or expansion that requires building permit/occupancy permit triggers Title V.
- No new system shall be constructed and no system shall be upgraded or expanded if it is feasible to connect the facility to a sanitary sewer.
- Exceptions to the rule
- Remedial use of an alternative system
- Variances and special approvals
- Grand-fathering on industrial category users
- Minimal septic tank size to be 1,500 gals.
- Remember Commercial Septic Systems Are Usually Much Larger and More Complex than Residential.
Critical to the up-keep of Septic System
- Have tank pumped 1-2 times per year.
- Keep record of pumping inspections and other maintenance
- Learn location of septic systems and drain field
- Keep commercial building sump pumps away from septic system.
- Do not dispose of hazardous chemicals
- Impact on commercial leasing abilities for future tenants.
- Practice Water Conservation
- Know the location of flow diversion valve and turn once a year: adds life
- Divert roof drains and surface water from septic system
- Do not park or drive over system
- Do not grow landscaping in area of septic systems
- Do not use commercial septic tank additives
- Keep grease, plastics, gasoline, oil, paint, paint thinner, pesticides, antifreeze, etc. out of system
Suggested Handouts:
- Title Question and Answer Document, 1/96
- Subsurface Sewage Disposal System Inspection Form 4/25/97
Reference Material:
- MGL 131 Chapter 40
- 310 CMR 10.00
- Title V Hotline available through Massachusetts Department of Public Health
