The purpose of this article is to protect the public health
from present and potential sources of pollution of the ground and
surface waters from existing in-ground sewage disposal systems.
As used in this article, the following terms shall have the
meanings indicated:
DEVELOPED PROPERTY
A parcel of land with a structure(s) erected upon it which
has an in-ground sewage disposal system(s).
INSPECTION
A.
An inspection shall consist of the following steps:
(1)
Visual inspection of the ground surface around the structure
to look for signs of sewage or high groundwater;
(2)
Review of all available records and inquiry to the owner to
identify, if possible, the location of the leaching facility and distribution
box;
(3)
Review of all available records and inquiry to the owner to
determine, if possible, how often the septic tank has been pumped
during the 12 months preceding the inspection;
(4)
Location of all domestic water supply wells, lakes, ponds, streams
and watercourses within 100 feet of the leaching facility if its location
can be determined; or, if the location of the leaching facility cannot
be determined, within 100 feet of the septic tank;
(5)
Opening the septic tank and pumping out its contents;
(6)
Personal observation, by a registered professional engineer
or registered sanitarian, of the pumping of the septic tank;
(7)
Recording observations of the following:
(a)
The amount of septage pumped from the tank;
(b)
Describing the accumulation of solids found in the tank;
(c)
Whether or not an outlet tee or baffle is in place in the septic
tank;
(d)
Whether or not an inlet tee or baffle is in place in the septic
tank;
(e)
Whether or not the liquid level in the tank, prior to pumping,
is above the tank outlet;
(f)
Whether or not liquid is observed flowing from the outlet back
into the tank during or after pumping;
B.
Nothing in the foregoing definition of "inspection" is intended
to require an engineer or sanitarian to excavate or directly certify
the condition of any leaching facility, distribution box, or septic
tank inlet/outlet lines. This definition adopts the approach that
visual inspection of the property, inspection of any available records,
and observation of pumping of the septic tank, together, provide a
reasonable indicator of the functioning of the septic system. Any
opinion or certification provided by the engineer or sanitarian is
based solely upon this limited inspection.
OWNER
The owner(s) of record as documented by the most recent deed
of record in the Hampshire County Registry of Deeds. In the event
ownership is vested in more than one person (including a natural person,
corporation, partnership, association, trust or any other legal entity),
responsibility for compliance with this regulation shall be joint
and several.
SEPTIC SYSTEM INSPECTION REPORT
A report which includes system description, statement of
condition, and sketch of location in the format provided by the Board
of Health.
TITLE 5
The Department of Environmental Protection regulation entitled
310 CMR 15.00: The State Environmental Code, Title 5: Minimum Requirements
for the Subsurface Disposal of Sanitary Sewage.
TRANSFER OF PROPERTY
An act by which the title of a property is conveyed from
one person to another.
The following properties are exempt from the requirements of
this regulation:
A. Properties connected to the Town sewer system or a private sewage
treatment plant.
B. Properties conveyed or devised to a surviving spouse or, in the case
of joint ownership, to one of the original owners.
C. Properties with Title 5 systems which received final inspection approval
by the Board of Health within the five years preceding a transfer
of property, provided the sewage disposal system is adequately sized
to accommodate the dwelling(s) on the property according to the latest
Board of Health regulations. To qualify for this exemption, a copy
of the disposal works construction permit and/or other evidence showing
the date of installation must be submitted in lieu of the septic system
inspection report prior to a transfer of property.
D. Properties transferred within two years of a prior inspection, upon
approval by the Board of Health. To qualify for this exemption, a
copy of the original septic system inspection report and/or notification
to the owner must be submitted for review prior to a transfer of property.
E. Properties where the parties involved in the transfer of property
intend to replace the existing septic system with a Title 5 system.
To qualify for this exemption, the parties must apply in writing showing
that they have agreed to the arrangement. A proposed time frame for
installation must be submitted and approved of by the Board of Health
at the time of application.
Provisions of this regulation are severable; and if any provision
hereof shall be held invalid under any circumstances, such an invalidity
shall not affect any other provisions or circumstances.
In every case, the owner shall assume the responsibility for
all costs incurred in complying with this regulation.