Frequently Asked Questions

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.

• A mortgage is refinanced
• The system was inspected within 3 years before the sale and you have records proving that your system was pumped annually since the inspection
• Title to the house is transferred from one spouse to another or placed in certain family trusts
• The local board of health issued a certificate of compliance within 2 years before the time of transfer or title
• The community has adopted a comprehensive plan approved by DEP requiring periodic inspections and the system was inspected at the most recent time required by the plan
• The homeowner has entered into an enforceable agreement, binding on subsequent buyers, with the board of health requiring an upgrade of the system or connection to the municipal sewer system within the 2 years of transfer or sale

• Title V Inspection - 3 years. You must have records to prove that your system was pumped annually since the inspection.
• Perc Test - No expiration date as long as area tested and surroundings have not been disturbed since the perc test. Contact the Board of Health office if you have any questions.
• Disposal Works Construction Permit - 3 years from date of approval.
• Certificate of Compliance - 2 years

More important information

• Realtors and homeowners may not advertise more than the number of bedrooms that are stated in the Disposal Works Construction Permit.
• Hampden Board of Health will not approve a 2BR design w/o the deed restriction in its hands.
• New Construction: minimum of 1500 gallons for septic tank
• For homes with garbage disposal, minimum size of septic tank is 1500 gallons. It should also have 2 compartments.
• If a 2 BR home is designed for only 2 BR, the homeowner cannot add additional rooms by enlarging the septic system. Homeowner must check with the registry of deeds in Springfield.

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.

• Backups of raw sewage
• Discharges of raw sewage to the ground surface
• System requires pumping 4 or more times per year
• The cesspool or leach field is below high ground water elevation
• System located too close to a drinking water supply, unless the local board of health says the system is adequate to protect public health and the environment
• System has a metal septic tank more than 20 years old

Note: Title 5 imposes stricter requirements on cesspools and privies.

• Within 2 years before the sale of a home or transfer of title (different rules apply for "shared systems" and condominiums), or
• In certain inheritance situations; for example, when a child inherits a house from his or her parent; or
• In certain insolvency proceedings; for example, sometimes in bankruptcy, tax taking or foreclosure, or
• When the use of the home is changed; for example, from residential to commercial use, or
• When the footprint of the house is changed, or
• When the home is expanded and a building or occupancy permit is required: for example, a bedroom is added to your home.
• If weather prevents an inspection at sale or transfer, the inspection must occur as soon as weather permits, but no later than six months after the sale or transfer.

Note: All septic systems and cesspools must meet the TITLE 5 requirements, but they must also comply with local board of health ordinances which can be more stringent than TITLE 5. Even if you sell or transfer title to your home..

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.