Septic Systems and Certifications

           As you sell property in Chester and Delaware Counties you will become aware that the use of Private Septic Systems is common.  It is important to understand and address Septic early as no other system is fraught with so many potential problems. As a listing agent we advise that you start on the inspection and certification process before or as soon as you list the property.  This is the only way to get out in front of any potential problems and insure a smooth settlement.  For buyer’s agents we recommend that you understand the requirements of a Septic System so that you can ask the correct questions early.  

            Pennsylvania has addressed the issue of Septic Systems and Land-Sale contracts in section 7 of the Pennsylvania Sewage Facilities Act. This Statute codifies the requirements so the issue is handled uniformly.  The approach taken is one of early notice to Buyers and an inspection and certification system.  The Statute can be broken down in to four parts so that is more easily understood. The Statute here has been paraphrased for clarity however to see the entire statute it is Title 35 Chapter 7, of the Pennsylvania Code.  

1. The statute provides that every contract for the sale of land for which there is no public sewage system, SHALL contain a statement in the contract clearly indicating there is no public sewage system and that a permit for a sewage system must be obtained.  The contract shall also clearly state that the Buyer should contact the local agency charged with administering this act before signing the contract to determine the procedure and requirements for obtaining a permit for an individual sewage system if one has not already been obtained.   
   


2. The statute also creates an exemption for a ten acre parcel or lot that is subdivided from a parent tract after January 10, 1987.  Under this exemption a permit will not be required. However when selling a property subject to this exemption the contract shall contain a statement indicating to the buyer that soils and site testing were not conducted and that the owner of the property or properties served by the system, at the time of a malfunction, may be held liable for any contamination, pollution, public health hazard or nuisance which occurs as the result of the malfunction of a sewage system installed in accordance with the permit exemption. 
   


3. Where the property in the contract contains a holding tank, the contract shall contain a statement that clearly indicates the property is served by a tank and shall provide a history of the annual cost of maintaining such a tank from the date of its installation date the effective date of the act. 
   


4. Lastly the statute provides that where a contract does not conform to the requirements of this section the contract shall not be enforceable by the seller against the buyer. Any term of such contract purporting to waive the rights of the buyer to the disclosures required in this section shall be void.
   
   To comply with this statute agents must find out what type of sewer system the property has before writing the contract.  The type of sewer system must be included in the contract. Where the system is a private on-lot system, the listing agent must go to the municipality to get an inspection and certification. 

           A septic system is a small scale sewage treatment system common in areas with no connection to main sewage pipes. A septic tank generally consists of a tank of between 1,000 and 1,500 gallons which is connected to an inlet wastewater system at one end and a septic drain field at the other end. Most modern tanks incorporate two chambers with a dividing wall.  Wastewater enters the first chamber of the tank, allowing solids to settle. The settled solids are anaerobically digested reducing the volume of the solids. The liquid component flows through the dividing wall in to the second chamber where further settlement takes place with the excess liquid then draining from the outlet in to the leach field, also known as a drain field.  The remaining impurities decompose in the soil, and the water is eliminated through percolation in to the soil. Undecomposed waste needs to be removed from the tank periodically so that it does not clog the drain field making the system malfunction.  How often a tank needs to be emptied depends on use, it is rare for a system to require emptying more than once a year, and by careful management users can reduce emptying to every 3-5 years. 

            There are many things that can cause problems in a septic system; excessive dumping of cooking oils and grease can fill up the upper portion of the tank and cause drains to block as oils and grease are difficult to degrade, flushing non-disposable products can quickly fill or clog a tank, the use of garbage disposals can quickly overload a system, roots from shrubbery or trees growing above the tank or drain field can clog or rupture them, and covering a tank with an impervious surface such as a driveway or parking area will seriously effect efficiency. These are just a few potential causes for malfunction; this list is far from exclusive

           The reason that problems are so common and difficult to address is because as described above, a septic system is located underground. This location makes it difficult to inspect and costly to repair.  In some cases where there is a malfunction in a system a drain field will need to be relocated or a tank replaced.  This repair will require the excavating the backyard.  In some cases trees need to be taken down to install a drain field. A buyer will want to be aware of this as it is not only a cost issue but potentially an aesthetic issue if a property was selected for its wooded lot. In other cases where a drain field will not fit on a property easements need to be obtained to that a drain field can extend in to a common area. Due to the time required to repair a system it is often the case that a system can not be repaired before settlement. In that situation the cost of repair must be estimated and money escrowed to pay for repairs.

            How a problem discovered during an inspection will be handled between the parties will be dictated by the option contingency chosen by the parties.  Under Option 1, if there is a problem, the buyer can cite that as a reason to get out of the contract.  Under Option 2, the buyer must submit a proposal to seller to correct any problem discovered during the inspection. 

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