At the Special Town Meeting on
Since Title 5 allows for the waiver of the upgrade of a failed system when there is a fiscal (financial) commitment to bring sewer to the property, the Board of Health will consider on a case by case basis this waiver and any actions that will be allowed to extend the life of the septic system. If the property is being sold, it is important that both a buyer and seller sign on the proposal prior to implementing it, since not all persons and/or lending institutions may agree to this.
1. No upgrade waiver will be issued without a valid Title 5 Inspection Report having been completed within the previous 2 years. This report will provide us information on what is in the ground now, how each component is functioning, and why the system needs to be upgraded.
2. The property owner is responsible for providing a plot plan for use in reviewing the proposed repair work.
3. The Board of Health staff will work with the property owner’s contractor to determine the best repair for the least amount of money. Once that determination is made, the agreed to work will be logged into the Board’s field book so that all contractors will get the same information for that property. If a second contractor wishes to amend that agreement, then the same process will be followed, and all contractors will have access to the same information.
4. In all cases where work is proposed, a concurrent site visit by the contractor and the Director of Public Health will be required. Information on file for that property and any surrounding properties will be used to determine the best upgrade.
5. When any temporary repair work is conducted, the property owner and any buyer will be required to acknowledge that there is no guarantee that the work will allow the system to continue to operate properly. This shall occur through the execution of an agreement that will be filed with the Registry of Deeds, where this agreement also acknowledges that the structure will be connected to the sewer within 30 days of it being available for use.
6. In most cases, systems that show the soil absorption system (SAS) to be clogged or in the water table, but not backing up or overflowing, will be allowed to remain in use with no repair work. If the system does back up or overflow, then temporary work will be considered.
7. The goal of any work to be allowed will be to alleviate the threat of a public health nuisance. To that end, consideration will be given to allow the extension of an existing system as long as it does not increase its threat to the water table, wetlands, or the public and environmental health. This means that consideration will be given to allow an SAS to remain at the same elevation it currently exists at.
8. Rather than installing a whole new SAS, consideration will be given first to adding new stone and/or pipe to the existing SAS. Only in extreme cases will new SAS’s be considered.
9. A temporary repair will not allow a system to pass a new Title 5 Inspection. In order to receive a passing inspection, a full and complete upgrade through engineered plans will be required. It is strongly advised that if the house is to be sold no repair work occur until a buyer is identified, and that buyer understands and agrees to the conditions placed on the work.
10. When a temporary repair is required, the property owner will be directed to work with a licensed septic system installer.
11. The property owner shall apply for the temporary repair by completing an application available from the Board of Health. The required information will include the names of all persons on the deed, a copy of a valid Title 5 Inspection Report, a copy of a plot plan (i.e.: mortgage plan), and the names of any buyer that has been contracted.
12. The installer will arrange an appointment on site with the Director of Public Health.
13. The agreed upon repair will be logged into the field book for reference.
14. An enforceable agreement to connect to sewer will be prepared and provided to the property owner. Once all persons have signed the document, the owner must file it at the Registry of Deeds and return a stamped copy to the Board of Health.
15. Once the executed agreement is returned, a permit to conduct the work will be issued.
16. Once the permit is issued, work on the repair may begin, and inspections will be required.
17. No Certificate of Compliance will be issued, as the repair work will not meet the requirements of Title 5.
|
Address: |
Owners’ Name (List
all on Deed): |
Map ______
|
Daytime Telephone
#: |
|
Contractor: |
Buyers’ Name (List
all to be on Deed): |
|
Date of Site Visit: ___________________ |
|
Instructions to
Property Owner:
1. Complete all required information and provide the documents requested above.
2. Have your contractor contact the Director of Public Health to arrange for a site visit.
3. You will be provided an agreement that must be signed and filed at the Registry of Deeds at your own expense before any work begins.
4. Following the completion of the work, no Certificate of Compliance will be issued.
5. Note that the work completed under this permit will not be eligible for any tax credit, as it does not comply with Title 5.
I understand that the repair work to be completed is temporary in nature, and that there is no guarantee from the town and contractor that the septic system will function properly. Further, I acknowledge that the temporary repair work does not entitle me to claim that the system is approved under Title 5, that the system can pass a Title 5 Inspection, or that additional sewer flow (additional bedrooms) may be added until the structure is connected to sewer, or a proper system upgrade is executed.
_______________________________________ ________________________
Signature Date