 Article Archive
LOOPHOLES, PROBLEMS STILL
BEDEVIL TITLE 5
Sunday Telegram
March 30, 1997
Loopholes, shortcuts, problems and complaint still hover
around Title 5 two years after the enactment of the wide-raging set of rules governing
in-ground septic systems in Massachusetts. One loophole even involves a simple way
to beat the Title 5 inspection. Some shrewd homeowners have found that if they don't
use their toilets or showers for a week or two before an inspection, their system can pass
even if it does not work properly. That tactic dramatically lessens the regular
sewage flow that might overwhelm an older, failing system, according to Andrew J. Curtis,
a certified septic inspector in Northboro. "It's like checking the oil on a car
that hasn't been started." Said Curtis, who has done 2,000 Title 5 inspections since
the rules went into effect two years ago. State environmental officials are not
concerned about the scam. Astute inspectors can detect it, they say.
Besides, it is not easy to pull off, short of going on vacation before an
inspection.
ONLY THE TOP PAGE
Another Title 5 dodge is when home sellers provide buyers
with only the top page of the official 10-page Title 5 Inspection report, noted Patricia
A. Rioux, a buyer's broker in Shrewsbury. Even
though the top page says a septic system has passed inspection, prospective buyers miss
out on the details of any problems the inspector found, which are listed in later pages.
The DEP's Higgins responds: "That why the buyer and their attorney need to be
careful about what's in the report".
ONE COMPLAINT
One complaint about Title 5 that surfaces regularly in
Central Massachusetts is that the regulations place a blanket ban on steel septic tanks
that are over 20 years old. The rub is that most steel tanks in this region are about 35
years old. According to Curtis, most of those old tanks are in decent shape and
should be allowed to stay. Environmental officials counter that the tanks are
leaky and, even if they are not polluting now, that are sure to leak soon.
CESSPOOLS ALLOWED
"What is a steel tank but a euphemism for a 55-gallon
drum or oil tank, which aren't even found anymore?" asked John J. Higgins, director
of municipal assistance for the state Department of Environmental Protection. At the
same time, cesspools, which offer only minimal protection against pollution, were
grandfathered by an amendment to Title 5 after being banned when the rules were first
released. The owners of the more than 100,000 cesspools in the state made their feelings
known-successfully. For them to say that metal tanks are an automatic failure
because they may be leaking and turn around and say cesspools are OK is ridiculous,
"Curtis said: "It's all political". Then there is the galling failure
of the state to make good on promises to provide millions of dollars in tax credit to
homeowners for the Title 5 repairs. Weld administration officials, who backed the credits
two years ago, decided this year that the $50 million the state allocated for loans to
homeowners affected by Title 5 is sufficient. That has angered many, who maintain,
that the state should subsidize septic owners in rural areas as much as it does sewer
construction for communities around Boston. "If we can subsidize rate relief or
(Massachusetts Water Resources Authority) rate payers, then we better damn well help
homeowners with their septic systems." Said state Rep. David R Peters, R-Charlton,
minority leader in the House of Representatives.
DRAGGED ITS HEELS
Critics, particularly home builders, also charge that the
DEP has dragged its heels on approving so-called alternative technologies-innovative
septic system designs that can be used in areas where a standard septic system will not
work DEP Officials point out that hundreds of alternative systems are now in use, compared
to only about 100 in the early days of Title 5.
ALTERNATIVE TECHNOLOGIES
With a dozen alternative technologies approved for general
use, and another seven for provisional and remedial use, they say, there are enough
systems available so that anyone who wants to, can find one to address his problem.
Finally, some septic inspectors' and real-estate agents remain unhappy with the process
for certifying inspectors, which involves a two-day course followed by a test. Critics say
the process is too lenient and allows people without septic experience , such as home
inspectors and engineers, to enter the business. DEP officials counter that the
market appears to have weeded out less competent inspectors.
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