The Massachusetts DEP recently announced a $17,500 penalty assessment against a licensed septic system designer/inspector. The State bought charges after a homeowner complained that his newly installed system was backing up towards his house. DEP authorities learned that the system had been improperly located, which explained why it was not working. After the installation, the inspector allegedly conducted a faulty inspection, that erroneously suggested the system was functioning.

In 1997, Massachusetts also revoked the certification of another septic system inspector and fined him four thousand dollars for submitting falsified inspection reports. In that case, the State also alleged that there had been an improper inspection.

And Massachusetts is not the only State with septic system problems. In a recent Kentucky case, a Court was asked to discipline an installer for allegedly installing a septic system without first obtaining a necessary permit. In that case, the installer was cleared by the Court.

But, why is there so much concern over septic systems? The answer is that improperly installed or maintained septic systems can lead to very real public health problems. Since septic systems need to be properly installed and properly maintained, homeowners must devote some attention to this issue.

WHAT IS A SEPTIC SYSTEM?

A septic system is a holding tank that relies upon natural bacterial action to break down human waste into environmentally friendly components. Not every house and building is located near a public sewage treatment facility. In cases where public sewers are not located nearby, septic systems are often the only available option for sanitary waste treatment.

A properly functioning septic system can be trouble free for many years and perform quite adequately. And those who depend on septic systems do not have to pay sewer use fees.

On the other hand, a failing septic system can be costly to repair or replace. And, when they are not functioning, a family needs to be on good terms with the local gasoline station owner.

A septic system consists of three basic components. There is the septic holding tank; the distribution unit; and the leach field. Most of the bacterial action occurs in the septic tank. Here, bacteria breaks human waste into liquid and solids. For the most part, the solids fall to the bottom of the tank. They must be removed on occasion by a licensed septic service provider.

What remains is liquid. The liquid floats to the distribution box and leaves the system through perforated pipes. From there, the fluid is discharged to a large, subsurface area called a leach field. This consists of dirt and stone. Additional natural treatment occurs once the liquid is deposited into the earth through bacterial reaction.

This might seem very basic, but to work a system must be properly designed. If this is not done, a system will likely not function. The net result is that untreated waste is released, which can threaten nearby residents, contaminate well water, and create foul odor problems. Untreated waste contains many viruses and bacteria that can cause illness.

In "the old days," in other words 30 years ago, builders used to connect their plumbing to underground tanks, which were nothing more than holes in the ground. Today, these are called cesspools and are generally illegal. So septic systems are a tremendous step up from the kind of "on-site" treatment relied upon years ago.

TIPS FOR ANYONE WHO IS BUYING A HOME

Anyone purchasing a new home should have an inspector evaluate the house. Once a person buys a house, he also buys all of its problems. Thus, the key is to identify potential problems, including septic system concerns, before, not after, title transfers.

To start, a buyer needs to locate a capable inspector. In some states inspectors are licensed, but this is not always the case. A buyer needs to know that the inspector understands how all components of a house work, and what to look for to spot problem areas.

An inspector will, or at least should, evaluate the septic system to determine if it is in good order. If it is not, this can signal a potentially costly problem. This does not have to kill the deal, however. A good real estate attorney can save the transaction by escrowing sufficient funds for a repair -- assuming that technical conditions will support a septic system that meets current building code requirements.

TIPS FOR THE BROKER/AGENT

The broker /sales agent has a vested interest in making sure that the house is in working order, which includes the septic system. After all, these professionals are paid for their efforts after title passes, not before. A deal that goes south because of a failed septic system is a deal that required much effort by the real estate professional, which might not be compensated.

Thus, the best time to ensure that a new listing has a suitable septic system is when the listing contract is signed. If the septic system is not properly working, measures should be undertaken to bring the system up to current code requirements. That work needs to be done as soon as possible because the house probably will not sell until the septic system problem is cured.

Septic repairs are not only necessary to make a house saleable. Such repairs are also necessary to avoid legal liability under state and federal laws that make hazardous discharges illegal. These laws can carry heavy penalties, and violations may lead to costly cleanups.