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• Massachusetts Title 5 Septic Inspection & Testing Law & Guidelines

Information about Septic System Inspection and Testing as Regulated in Massachusetts. This document provides information about septic inspection and testing as regulated by law in Massachusetts. We include links to the actual provisions of the law and contact information for state authorities, as well as history and news release information for this topic. This information is provided by the author, as a public service; it has not been reviewed nor sanctioned by MA state authorities.

Readers should seeThe Septic Information Website
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State Regulations in Massachusetts Regulate Septic System Inspection & Testing

New Massachusetts Septic Testing Regulations take effect 1 April, 1995, on and after which the Mass. Department of Environmental Protection, (DEP) requires that all residential property sales include septic evaluations performed by a state certified system inspector. Contact the State DEP for a current list of inspectors who have been certified.

News Updates

9/16/96 Updated link to Mass. Info on the Web - see "More Information" below.

5/96 We're told that the state has made an exception for properties scheduled to be served by community sewer lines within five years.

9/20/95 Massachusetts News Reports today indicate that one out of four septic systems tested under the new law fail to meet acceptable standards of performance. Average repair costs range from $5400. to $7500. Source: NPR News.

8/2/95 Massachusetts News Reports today indicate that due to extreme costs to consumers to comply with the recent Title 5 Rules, the state is making changes to offer consumers some relief: homeowners whose old non-complying septics are shown to not be contaminating local groundwater will not be required to replace the system; some tax relief will be offered to homeowners who are required to make such replacements. Source: NPR News.

Additional Testing Required

Lenders are expected to require that all septic testing in MA conform to the new law. The new inspections exceed traditional visual inspections which are performed in many states. Because additional inspection is required, including excavation and pumping, septic inspection fees will probably reflect this new level of effort.

The inspector will have to locate wells and ground water sources on and near the property. The septic tank and distribution box will be opened and examined. Wells located within certain distances of the septic will have to be tested for bacteria and nitrates. Systems located within 50' of a well will fail to meet the requirements of the new law.

Standard Report Form

A new standard report form has been designed by the state. Contact the DEP to obtain a current copy.

When Required

These inspections are required to be performed within nine months prior to the sale of a property; when freezing weather or other conditions restrict inspection, a six-months grace period may be allowed.

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• Additional technical contributors & reference sources for this article are listed below.
• The MA DEP has oodles of Title 5 info. on the web. Thanks to JSD Bourne for this update
• The MA Department of Environmental Protection set up a Title 5 Hotline at 1-800-266-1122.
• Another general resource: MA DEP, One Winter Street, Boston, MA 02108, (617) 574-6824 -
• MA Department of Consumer Affairs, Executive Office of Consumer Affairs and Business Regulation, 1 Ashburton Place, Boston, Massachusetts 02108, (617)727-7780, Internet: ask@consumer.com
• Title 5 regs (and others) are available on a Bulletin Board System: 617/292-5546 (14,400 baud, 8 data, 1 stop, no parity, 24 hrs/d, 3 lines). Email mbornstein@state.ma.us for more information.
• The Septic Information Website
• The Home Inspection / Home Construction Page
• Massachusetts Dept. of Environmental Conservation Pubs, programs, hotlines, lots more.

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