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Board of Health

What to do if your system fails

If your system or cesspool fails inspection, Title 5 allows up to two years for the completion of repairs or an upgrade. The first thing you should do is contact your local board of health, which needs to approve all upgrades and most repairs, and can tell you what will be required.

Shop around. Get written estimates, check qualifications and references. Remember that you are under no obligation to have the person who inspects your system perform any other work on it. In fact, you may want to hire separate contractors. While most septic system professionals are honest business people, as in any other profession there may be a few “bad apples” who try to take advantage of the consumer. If you ever believe you have been treated unfairly by a system inspector, soil evaluator, engineer, or system installer, call the Massachusetts Environmental Strike Force at (617) 556-1000.

Responsibility for payment

The owner of the property is responsible for compliance with TITLE 5. However, the seller, the buyer, and the mortgage lender may decide who will pay for the costs of the repair or upgrade, which can be negotiated as a part of the sales agreement. Mortgage lenders may require any repair or upgrade to be completed before closing, or that funds for the cost of repair be placed in escrow before closing.

Title 5 does not specify who must pay for system inspections, repairs or upgrades. Keep that in mind if you are planning to sell your home. You may find during negotiations that the prospective buyer is willing to assume some or all of the costs. Just be sure to consult with a lawyer or mortgage lender who is familiar with Title 5 before shaking hands on the deal.

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Costs of repairs or upgrades

The cost of repairs or upgrades will depend on the following:

• The nature of the problem
• The location of the system
• The size of the system
• Soil conditions
• Site restrictions

On average, a simple repair may cost $500; more extensive repairs and upgrades may cost up to $12,000 or more.

Tips to comply with TITLE 5 in a cost-effective manner:

• If a TITLE 5 inspection is required, time the inspection so that costs of the inspection and necessary repairs or upgrades are determined before closing.
• Even if you do not intend to sell your property, consider having a voluntary inspection performed to assess the system’s condition. The results of voluntary inspections are not reported to the local board of health or DEP. Such an inspection may allow you to voluntarily correct a problem before in worsens; but first be sure to have any voluntary correction approved by the local board of health.
• Determine the physical location of your system and get all records, plans, certificates of compliance, past permits, inspection reports and water table and usage records pertaining to your system from your local board of health before hiring an inspector.
• Get a list of approved system inspectors and soil evaluators from your board of health or call DEP’s Title 5 Hotline at (617) 292-5886 or 1-800-266-1122. Only hire soil evaluators whose names appear on the list. Hire only inspectors from the list of certified health officers, registered sanitarians or professional engineers who are qualified automatically even though their names may not be on the list.
• To prevent an unscrupulous inspector from failing your system to generate repair business, consider hiring one person to inspect and another to design and install any repairs or upgrades.
• Avoid the quick fix; if a solution seems too expensive or too good to be true, it probably is.
• Get written estimates from several inspectors. One key question to ask is whether the price of the inspection includes pumping the system; often it does not.
• For repairs or upgrades, get more than one estimate. If costs seem excessive, talk to your system designer and local board of health to see if the design can be modified and still provide adequate protection of public health and environment.
• Before signing a contract for a repair, upgrade or installation, ask for references and consult them. Make sure the contract specifies exactly the work to be performed, the costs, the payment schedule, any guarantees, and that the contractor will obtain all required permits.
• Once the inspection is complete, make sure the person who signs the form is the same person who conducted the inspection.
• If you are selling or buying a home, be sure to negotiate and specify who will pay for the costs of the inspection and any necessary repairs or upgrades. Explore financing options. Consider consulting a lawyer who is familiar with TITLE 5.
• Once your system is in compliance, protect the environment and your investment by maintaining your system properly.
• A word about septic system additives: There isn’t one on the market that can make a failing system pass inspection. DEP approves septic system additives, but only to ensure that they will not harm your system or the environment. DEP does not evaluate the accuracy of claims manufacturers make about the effects their products will have on system performance.
• Remember that even the best-maintained system in the world cannot last forever. Like anything else, it will wear out over time, stop working properly and need to be repaired of replaced.
• Have your system pumped every 3 years, or annually if you have a garbage disposal system, and maintain all pumping records for future reference.

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Overview

Office Hours: Mon. - Thurs: 9AM to 3PM

Email: health@hampden.org
Phone: 413-566-2152
Fax: 413-566-2010

Members
John Flynn, Chair
Richard Green
Duane Mosier
Jane Budynkiewicz, Clerk