SEPTIC SYSTEM CONDITION AND HOUSE SALES
CT Public Health Code requires that failed septic systems be repaired. Failure occurs when septic effluent is not absorbed by soils in the leaching area and breaks out to the surface or backs up into the house, thus becoming a health nuisance. Absent a health nuisance, there is no legal requirement to repair an improperly working septic system, or a system that doesn’t “meet code” at the time of sale or at any other time.
However it is customary and it makes good sense for sellers to warrant a functioning septic system at time of sale. That begs the question: Short of complete failure, how is the condition of a septic system evaluated? Although all parties in a sale want a quick and definitive answer, leaching systems wear out gradually and evaluation of how much life is left is often fairly subjective. Additionally, some kinds of septic system are harder to evaluate than others.
Evaluation is usually done during paid home inspections, which have become common prior to real estate sales. On occasion inspectors find evidence of problems with the septic system, but in many cases the evidence says little about the severity of the problem. Inspectors initially look into the septic tank. Septic tanks have an inlet and an outlet pipe and in normal operation the liquid should remain at the level of the outlet pipe. If the liquid is found to be above that level, it is an indication that the leaching system is accepting water too slowly and is close to failure.
More often the liquid level is at the proper level but there is evidence that it has been too high in the past (it leaves residue on the sides of the tank much like a bathtub ring). This may be evidence of present or past problems. When septic systems are repaired the tank is often left in place but the signs of past failure remain. Inspectors will not necessarily know if the evidence points to an active problem.
Inspectors will also try to evaluate the condition of the leaching fields. The ability of leaching systems to pass water into the surrounding soil degrades over time and some systems are more difficult to evaluate than others. Shallow systems can often be probed to see of they are saturated. If they are completely saturated the system is near failure, but for the test to be accurate, the inspector has to be able to find and probe all parts of the system. At times there is no accurate drawing (as-built) of the leaching area so it is hard to be sure all parts of the system have been inspected. Other systems are very difficult to test without substantial excavation and in those cases evidence of trouble at the tank may be the only diagnostic available. Additional testing might be advised but would not be covered by the cost of the traditional home inspection.
Given an inspection report showing an improperly functioning system, the next step involves a licensed septic installation contractor and the health department. In most cases “deep test pits” are dug to assess the soil conditions and space available for repair. The outcome is a plan for repair that is consistent with the Public Health Code (to the extent that is practical) and a quote for the cost of repair. In many cases time precludes repair, or even proper testing, prior to sale and all parties make some financial arrangement for later repair. All of this leaves buyers, sellers and agents with an imperfect system, but one better than no system at all.
SEPTIC SYSTEM VARIANCES
The Connecticut Public Health Code establishes the design and installation standards for individual septic systems. It is not unusual, especially for repairs on older or smaller lots, that code variances are necessary to provide an effective, well functioning septic system. Variances granted by the local Director of Health are usually arranged between the licensed septic system installer and the Health Department and are based primarily on individual site conditions. Variance from the separating distance to wells, or the requirement that each building be served by a separate septic system can only be granted after appeal to the CT Department of Public Health. Variances are not allowed for new homes on new lots.
SEPTIC SYSTEMS AND ZONING VARIANCES
All requests for zoning variances are reviewed by the Health Department for septic system impact and an opinion is rendered as to the site suitability for future septic system repair assuming the variance is approved. Zoning variances are not approved or denied based on septic system criteria, so it is possible that the requested variance could be granted by the ZBA, but the building permit that follows denied by the Health Department. The various Town agencies and departments each have unique criteria against which they weigh applications.
Requests for zoning variances or appeals can require a significant amount of work and expense. For that reason, applicants for zoning variances (or any building permit) are advised to consider septic system concerns first and consult the Health Department with their plans.
SEPTIC SYSTEMS, BUILDING PERMITS AND HOUSE ADDITIONS
All residential building permits must be reviewed and signed by the Health Department before they are issued. Two issues are key to approval: Increases in potential water use and increases in lot coverage. Permits that don’t increase either need no further review. Permits that increase either brings up the question “After construction, will there be sufficient room on the property, and proper soil conditions to construct a septic system that meets all aspects of the Public Health Code, should the need arise?” If the answer is clearly “yes” the permit will be signed if the current system is (1) operating properly, (2) sized appropriately for the finished house and (3) not a cesspool. If any of these three conditions exist a septic upgrade will probably be required.
If the answer to the original question is “maybe” the applicant will be required to show that a code-compliant system could be built before the permit can be signed. At times all that is needed to meet this requirement is a visual inspection by the Health Department. More often soil testing will need to be done by a Licensed Septic System Installer along with the Health Department. This usually consists of one or more “Deep Test Pits” dug by a backhoe to assess the soil conditions in a potential repair area. If a suitable area can be easily identified, the permit will be signed, subject to conditions (1), (2), and (3) above. However if the answer is still in doubt it will be necessary to hire an engineer to design a code-compliant system on the property. Occasionally ground water monitoring may be required which can only be done in the spring, during the period of highest ground water. If a fully compliant system cannot be designed, the permit may still be signed under conditions that are a little too complex to delineate here. In some cases, especially on small lots and in areas of high ground water or shallow ledge rock, building permits cannot be approved due to septic concerns.
In many cases, when the existing septic system has not failed, it is not necessary to install the system that was designed at the time of renovations, but the design should prove useful in the event of a future system failure. That being said, it is often wise to upgrade the septic system at the time of construction in order to limit property disruption to one time period. Significant landscaping often accompanies home renovation and it would be unfortunate to disturb that work for a future septic repair.
WINTERIZATIONS OF SEASONAL COTTAGES
Madison has a Winterization Ordinance that requires design, approval and installation of an engineered and fully code-compliant septic system, suitable for the finished house before a building permit is issued for conversion from seasonal to year-round use. Occasionally a design cannot be approved without favorable results from ground water monitoring, which can only be done in the spring, during the period of highest ground water. Once a Winterization Permit is issued, conversion must be completed within two years. Because of size and soil conditions, not all properties are suitable for winterization. Prior to enactment of the Winterization Ordinance, some seasonal properties had winterization approval, based on existing septic plans that could be installed in the future. These approvals remain in effect. We would expect the septic systems to be upgraded at least to the level of the existing plan at the time of winterization with the proviso that distances to groundwater and ledge will meet current Public Health Code. Previously winterized houses that have uninstalled septic system plans may keep their old out-of-date systems in place as long as they pose no health risk.
NUMBER OF BEDROOMS AND HOUSE SALES
Bedrooms can be counted in three ways.
1). Part of the tax assessment of each house is a count of the number of bedrooms and that number can be found on the field card in the Town Assessor’s office.
2). Every house has some number of rooms that are actually being used as bedrooms.
3). Septic system design for individual houses is based, as per the Public Health Code, on the number of bedrooms in the house (note: the number of bathrooms is not a consideration). A bedroom is a space that provides privacy (meaning it has a door and it does not provide sole access to other parts of the house), and has reasonable access to a full bathroom. Closets or their absence is not a consideration.
In an ideal world these three numbers would all correlate and in newer houses the system works pretty well. In older houses the numbers often diverge and real estate agents have to come up with a listing that makes sense of the conflicting numbers.
Microfilm in the Public Works office has some septic system information on most houses, but it is often incomplete and may or may not be helpful in the listing process. In many cases it is not possible to say that house “X” has a septic system for “Y” number of bedrooms. Agents often assume that a 1000 gallon tank indicates a 3 bedroom system and a 1250 gallon tank indicates a four bedroom system and that would be true for a new house. However past additions of bedrooms would not have required septic system upgrades, so there are legitimate reasons the Assessors bedroom count might not agree with the size of the system. It should also be remembered that the size of the tank, which is the part of the system we usually do know about, is far less important to the operation of a system than the size and age of the leaching system as well as the soil conditions in the leaching area. This information may or may not be available on microfilm and in most cases the older the information, the less reliable it is.
All of this leaves buyers, sellers and agents with an imperfect system that provides no definitive way to produce the simple unambiguous number all parties would prefer. As a general rule, it would be wise for all parties to expect increasing problems with increasing time since system installation. It would also be wise to anticipate more expensive repairs in low-lying areas – areas in close proximity and elevation to wet or swampy areas.
SEPTIC SYSTEMS AND POOL INSTALLATIONS
Swimming Pool installation permits are reviewed by the Health Department for two basic considerations:
1) The distance between the proposed pool and the septic system and
2) Limitations the pool installation may create in the event the septic system requires repair in the future.
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The Public Health Code requires separation distances between septic systems and swimming pools. The distance for an above ground pool is fifteen feet and the distance for an in-ground pool is 25 feet. So, pool installation permits need to include a site plan showing the location of the septic system, the proposed location of the pool and the distance between them. Homeowners are reminded that the septic tank does not constitute the entire system. The leaching system is substantially larger than the septic tank and needs to be included in the site plan. The location of most septic systems can be determined by “as-built” drawings done at the time the septic system was constructed. These are usually available on microfilm at the town campus. Bear in mind the drawings are not to scale although the measurements should be accurate. Use the measurements to field locate the system. At times there is no as-built record of the system location so the system needs to be found, usually involving the help of a licensed septic system pumper or contractor
- Before approving a pool installation permit the Health Department needs to ask the following question: “After construction, will there be sufficient room on the property, and proper soil conditions to construct a septic system that meets all aspects of the Public Health Code, should the need arise?” If the answer is clearly “yes” the permit will be approved. If that answer is not obvious approval may follow a site visit by the Health Department. If a site visit does not provide the required information soil testing may be required. If a “code complying area” cannot be determined the permit cannot be approved.
SEPTIC SYSTEMS and WATER TREATMENT DISCHARGE
Many household water treatment systems regularly discharge backwash water as part of their cycle. In theory all wastewater discharges within the state are only allowed by permit, as authorized by the Department of Environmental Protection (DEP). For example the DEP has delegated authority to issue permits for household septic systems to local health departments with oversight by the CT Department of Public Health. The Public Health Code specifically prohibits water treatment discharge into septic systems, however the DEP has never approved a permit process for this water to go elsewhere so the entire process is in a legal black hole. Since installations of water treatment systems require no permits or inspections it has long been common practice to run the discharge line into the septic system. The basic rationale was threefold: 1) The discharge probably did little damage to the septic system (some of these systems have been discharging into septic systems for many years with no apparent damage to the system), 2) There was no approved way to discharge the water (where else could it go?), 3) Who would ever know?
Recently each of these three rationales has been challenged: 1) There is some evidence that the discharge may slow the biological activity in septic systems and shorten their life, 2) The CT Department of Public Health has adopted DEP draft guidelines for discharge of water treatment system wastewater to a system separate from household septic systems as an accepted (if not permitted) practice, 3) Home inspections at time of sale now frequently note the non-permitted discharge. So within the real estate market what are buyers, sellers and agents to do when an inspection notes a discharge into a septic system?
The Madison Health Department recommends that water treatment system discharges be removed from septic systems and directed to small leaching systems using the recently adopted Department of Public Health guidelines. We cannot issue permits for or inspect these installations but the guidelines are straightforward and installation will not normally involve significant expense. That being said, home inspection reports are not submitted to municipalities and there is no process to mandate removal of non-permitted discharges, so at the most basic level the issue is between buyers, sellers and their agents just as it was before home inspections were a normal part of home sales.
SEPTIC TANK RISERS
Septic tanks are usually located underground. Most are a few inches deep but some, for various reasons are quite deep. Pumping and cleaning septic tanks is more difficult for deeply buried tanks. For that reason, the CT Department of Public Health wisely mandated that when tanks are cleaned, those more than twelve inches deep be retro-fitted with wide risers to make future cleaning easier. Homeowners are often surprised at the additional expense triggered by riser installation and wonder if they are being sold something they don’t really need. If their tank is more than one foot from the ground surface, the licensed pumping company is required to install the risers. This is a one time expense that will make future septic tank cleaning easier and possibly less expensive.
SEPTIC TANK EFFLUENT FILTERS
Septic tanks are required by the CT Department of Public Health to be equipped with effluent filters at the time of installation. These filters are inserted into the outlet baffle of the tank and serve to prevent small particles from entering the leaching field as liquid leaves the septic tank. One of the drawbacks of these filters is that in some cases the filters become clogged between tank cleanings and homeowners are faced with sewage backing up in the household plumbing, causing poor drainage, gurgling or even overflow into the house.
This usually occurs at inconvenient times and homeowners occasionally respond by removing the filter. They should remember that the debris that clogged the filter would, in its absence, have entered the leaching field, shortening its effective life. It is far less expensive to clean an effluent filter than to replace a leaching field.
Rather than discarding the filter homeowners would be better served to address the cause of excess solids in the system. The following are some thoughts that might help:
- Have the filter cleaned as soon as drainage slows down rather than waiting until it stops.
- Don’t use kitchen garbage disposals. They add to the load of fine particles in the septic tank and will hasten filter clogging
- If you have a toilet with an ejector pump, clean your tank more often.
- If your system gets heavy use or the tank is undersized, pump it more often (every 3-5 years is normal).
- Minimize use of bleach, antibacterial products, harsh chemicals, drain cleaner etc. They reduce biological activity in the septic tank.
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