RE22RC24: Title 5

See below for information on the Title V regulation. A printable copy is available under Additional Resources.

Title V

1. Define/explain Title 5
   1. Regulation administered by MA DEP, governing septic systems
   2. Complex regulations govern the design, construction, operation and inspection of septic systems
   3. About 1/3 of the homes in the Commonwealth are dependent on septic systems
   4. Nearly 650,000 residential and commercial systems in MA
   5. There are no federal regulations governing septic systems
2. Definition of systems/components
   1. Septic system – “on-site waste water disposal system that treats waste water usually under 10,000 gallons per day” (MA DEP)
   2. Septic system components
      2. holding tank
      3. distribution box
      4. soil absorption systems
      5. tank baffles
      6. Cesspool - A pit which acts both as a settling chamber for solids and a leaching system for liquids
      7. Tight tank – an enclosed tank, similar to septic tanks, but does not have an outlet
3. History of Title 5 regulations
   1. 1975 – MA DEP adopted Title 5 regulation 310 CMR 15.00
   2. DEP’s goal: to provide sufficient information to make a determination as to whether or not the on-site disposal system is adequate to protect public health and the environment
   3. Regulations revised in: 1994, 1995, 1996, 2006, 2007, 2016
   4. City/town Board of Health responsible for enforcing Title V in residential and commercial capacities
   5. Cities/towns may have independent Title V regulations
4. Impact of the NSA (NitrogenSensitive Area) legislation
   1. At issue: nitrogen pollution
   2. A large portion of Cape Cod is included in the area subject to the new regulations, more areas could be added
   3. What does it mean for septic?
      1. Homeowners may be required to upgrade their septic systems to an IA (Innovative Alternative) system (by July 2030 if no watershed permit)
      2. Municipalities also have the option to apply for a watershed permit (would need to be done by July of 2025)
   4. Real estate licensees should also be aware of sewer expansion programs when applicable.
5. Title 5 inspections
   1. System inspections determine if the system in its current condition can protect health and the environment
   2. Only DEP-approved inspectors may conduct inspections
   3. Key elements of an inspection:
      1. description of the tank and condition
      2. evaluation of the distribution box
      3. condition of the soil absorption system
      4. new updates may require looking for water treatment systems nearby that may flush into septic systems
   4. Inspections are required
      6. within 2 years of a sale of a property
      7. change of use or footprint
      8. design flow of 10,000 – 15,000 gallons per day
      9. every year for shared systems
      10. a property is divided or ownership of 2 or more properties is combined
      11. DEP orders
   5. Inspections must occur within 2 years prior to the time of transfer; report is valid for 2 years or, if pumped each year, 3 years
   6. Exemptions on residential properties:
      1. title transfer between spouses
      2. title transfer between parents and children
      3. title transfer between full siblings
      4. revocable or irrevocable trust
   7. Exceptions:
      1. weather conditions
      2. frequent pumping with records on file
      3. foreclosures or deed in lieu of foreclosure
      4. tax taking by government
      5. bankruptcy
   8. Condominiums – 5+ units – inspect every 3 years; Condo Association responsibility
   9. If weather conditions prevent inspection, the inspection may be done within 6 months after the transfer of the property
   10. Lenders may require a “holdback” if inspection is delayed
6. Reporting Results
   1. Inspector must use DEP-approved inspection form
   2. Inspector submits report to Board of Health within 30 days, unless inspection is voluntary
   3. Large and shared systems must be submitted to the Board of Health and MA DEP
   4. Buyer must be given a copy of the report
7. System Failure
   1. Owner/operator of the system is the legally responsible party required to upgrade failing system
   2. Failed system must be upgraded within 2 years or sooner if the Board of Health determines an imminent health hazard
   3. DEP factors that determine failure:
      1. system back up
      2. breakout/ponding
      3. system pumped more than 4 times a year
      4. system in estimated groundwater table
      5. within a certain distance of a drinking well
8. Conditional Pass
   1. A system with certain components needing repair or replacement can qualify for a conditional pass
   2. Conditional pass can be due to:
      1. damaged or cracked septic tank
      2. distribution box damaged or uneven
      3. broken or obstructed pipe
      4. malfunctioning pipe chamber
   3. SAS and cesspools cannot be repaired under a conditional pass
9. MA Tax Credits and Financial Aid
   1. Tax credit for homeowners on a primary residence only (1997)
   2. Maximum tax credit: 60% of the cost or $30,000, whichever is less, $18,000 for 5- year period; $4,000max per year
   3. MA programs:
      1. Community Septic Management Program
      2. Homeowner Septic Loan Program
   4. Federal programs:
      1. U.S. Department of Housing and Development – FHA
      2. USDA Rural Development Program
10. New Systems/System Design
    1. Any change in use or expansion that requires building/occupancy permit
    2. No new system shall be constructed and no system shall be upgraded or expanded if the facility can be connected to a sanitary sewer
    3. Exceptions :
       1. remedial use of an alternative system (ie: Presby, Sludgehammer)
       2. variances and special approvals
       3. grandfathering on industrial category users
    4. Minimal septic tank size – 1,500 gallons or to be determined by the Board of Health
    5. Soil testing - deep hole and percolation tests in new system design
11. Commercial Systems
    1. Commercial septic systems are usually larger and more complex than residential
    2. Systems with design flow of 10,000 gallons per day or greater but less than 15,000 gallons per day
    3. May require issuance of a groundwater discharge permit
    4. May require the installation of technology capable of discharging effluent which meets Class 1 groundwater standard
    5. No person shall discharge from the industry categories to any regulated systems
    6. No system shall receive oil, hazardous materials or waste, medical wastes or radioactive wastes

References

• 310 CMR 15.00
• Massachusetts DEP
• Vanderwiel v. Jones 1996 Mass. App. Div. 184 (1996)

Additional References

• MAR 700– “Seller’s Statement of Property Condition”
• MAR 508 – Title V Addendum
• Title V Inspection Form
• MA Department of Environmental Protection
• MA Department of Public Health, Environmental Health
• EPA Pamphlet for homeowners with septic systems
• MA DEP - Title V information
• 310 CMR 15.00: The State Environmental Code Regulating Septic Systems ("Title 5")
• Governor Healey Signs First Tax Cuts in More Than 20 Years | Mass.gov