[Adopted July 1992]
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:
A parcel of land with a structure(s) erected upon it which
has an in-ground sewage disposal system(s).
Any on-site septic system which disposes of septic wastes
through the method of subsurface leaching.
An inspection shall consist of the following steps:
Visual inspection of the ground surface around the structure
to look for signs of sewage or high groundwater;
Review of all available records and inquiry to the owner to
identify, if possible, the location of the leaching facility and distribution
box;
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;
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;
Opening the septic tank and pumping out its contents;
Personal observation, by a registered professional engineer
or registered sanitarian, of the pumping of the septic tank;
Recording observations of the following:
The amount of septage pumped from the tank;
Describing the accumulation of solids found in the tank;
Whether or not an outlet tee or baffle is in place in the septic
tank;
Whether or not an inlet tee or baffle is in place in the septic
tank;
Whether or not the liquid level in the tank, prior to pumping,
is above the tank outlet;
Whether or not liquid is observed flowing from the outlet back
into the tank during or after pumping;
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.
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.
A report which includes system description, statement of
condition, and sketch of location in the format provided by the Board
of Health.
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.
An act by which the title of a property is conveyed from
one person to another.
A.
The owner of a developed property in the Town of South Hadley shall
cause an inspection of all in-ground sewage disposal systems on the
property prior to a transfer of property.
B.
The inspection shall take place within 180 days prior to the transfer
of property.
C.
All inspections must be done by a registered professional engineer
or registered sanitarian.
D.
The engineer or sanitarian must submit the results of the inspection
to the Board of Health in the form of a septic system inspection report
and send copies to the seller, seller's attorney, seller's real estate
broker/salesperson and buyer. The Board of Health must receive the
report within seven days of completion of the inspection.
E.
If the inspection finds evidence of sewage flow on the surface of
the ground, the Board of Health must be notified within 24 hours.
A.
The Board of Health will use the information in the septic system
inspection report to determine if the system constitutes a danger
to the public health.
B.
The Board of Health shall send a notification to owner within seven
days of the receipt of the septic system inspection report informing
him/her whether or not the system must be repaired or replaced. If
repair or replacement is necessary, the Board of Health shall designate
a reasonable amount of time for it to be completed.
C.
If the work is not completed within the time designated by the Board
of Health, the Board may impose fines in accordance with MGL c. 111,
§ 31, and/or may repair or replace the system at the expense
of the owner, in accordance with Title 5.
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.
A.
Any owner who violates any provision of this regulation shall be
subject to the penalties provided under MGL c. 111, § 31,
as amended. The Board of Health and the Town Counsel shall take action
deemed necessary to enforce the provisions of this regulation.
B.
Sellers, sellers' real estate brokers and salespersons, and sellers'
attorneys, prior to the closing, shall be jointly and severally responsible
for providing to the buyer the septic system inspection report provided
by this regulation. It is the intent of this regulation that failure
by any attorney or real estate broker/salesperson to make this required
disclosure shall constitute an unfair or deceptive act or practice
within the meaning of the Massachusetts Consumer Protection Statute
(General Laws Chapter 93A) and the regulations promulgated thereunder
by the Attorney General (940 CMR 3.00).
In every case, the owner shall assume the responsibility for
all costs incurred in complying with this regulation.
