Septic Inspections: “Real Estate” VS. “Maine Certified”

On September 23, 2023, the Maine Subsurface Wastewater Unit revised the Subsurface Wastewater Disposal Rules, significantly affecting “Certified” Disposal System Inspectors.  Though voluntary outside of the shoreline zone, these new standards and procedures impose higher service levels for all “certified inspections”. The following is meant to help consumers understand the key differences between the previous standard service I now call a “Real Estate Septic Inspection” and the new requirements for a “Maine Certified Septic Inspection”.

All Septic Inspection Services Include:

Record Check:

Find any HHE-200 design/permits and issued variances. Incomplete or missing forms may complicate the process.

Interior Discharge Verification:

Making sure all required drains from the interior plumbing is discharging into the permitted system and not into the perimeter drain or out the back wall of the foundations is standard procedure.

Exterior Sewer Pipe (Gravity):

A pipe camera is used to visually inspect the pipe from the house to the septic tank.

Septic Tank Location, Size, and Condition:

The septic tank will be found, measured, and inspected for any significant settling or damage. State of the art location equipment including radio sondes and induction locators simplify the process and prevents damage to buried electric/gas.

Septic Tank Inlet (Pipe and Baffle):

The inlet pipe should be above the liquid level of the septic tank (at rest), and the baffle should be in good condition.

Septic Tank Outlet (Pipe and Baffle):

The liquid level should be even with the bottom of the outlet pipe, and the baffle should be in good condition. If a replacement “Tee-type” baffle has been installed, it should properly secured to the outlet and proper length/depth should be confirmed.

Effluent Pipe (Gravity):

A pipe camera is used to visually inspect the pipe from the the septic tank to the drain field.

Pump Station Components:

The access point, pump assembly, alarm, and power supply should be checked and verified to be functional and configured according to the rules.

Drain Field Location, Observation Pits, & Grading/Erosion:

The drain field will be located, distribution type confirmed, liquid level(s) observed, and the grading and erosion control measures checked.

Distribution Box (Gravity Fed):

The distribution box is frequently accessible with a pipe camera in a gravity fed system. This observation point is typically enough to advise repair or determine if additional excavation is necessary.

Distribution Box (Pump Fed):

These distribution boxes are not accessible via pipes for observation or location. In these cases, distribution deficiencies can be identified by digging multiple observation pits in the drain field followed by a moderate load test.

Advanced Treatment Systems:

All advanced wastewater treatment systems require regular service. The system will be opened and any obvious deficiencies will be noted, however it is the responsibility of the seller to disclose/provide service records, and the responsibility of the buyer to contact the service provider for more information.

Drinking Water Setbacks:

Water wells do not require permits. When the septic system is installed, the completed septic design/permit will indicate conformance any existing water wells on the property and document setbacks/variances etc. Cases where the well has been installed after the septic system, the well will need to conform to standards set by the Maine Water Well Commission. Without evidence that indicates the well and/or septic was improperly installed, it is presumed that the setbacks are legal, or “legally existing non-conforming” (AKA “Grandfathered). Some sites may require further investigation.

Reports are Confidential, and the Sole Property of the Client:

A septic report will be provided to the client including pictures of the system components and clear narratives of system deficiencies. Results for real estate inspections are confidential, permission is required to share with anyone including the clients own agent.

2023 Certification Required:

Certifications prior to 2023 are no longer valid: From the 2023 Rules: “Holders of certifications issued prior to July 1, 2023 are required to obtain a Department approved national certification and pass the written examination prior to June 30, 2023, in order to continue certification.”

Distribution Box:

Per the Maine Certification rules, all distribution boxes must be located, excavated, and found to be level and free of organic material. The person requesting the inspection is responsible for ensuring access to D-Boxes greater than 24 inches below grade, or when conditions make hand digging unreasonable. If the box is not level and free of organics, further analysis may be required to determine if corrective action is necessary.

Advanced Treatment Systems:

If one of these devices is included in a system being inspected, then the inspector must review all maintenance and service records for the system and contact the service provider, to ensure that the system has been properly serviced and maintained. These devices usually require a maintenance contract as part of their approval. The contract must be reviewed, and the annual maintenance costs included in the inspection report. Discrepancies regarding required maintenance must be noted on the inspection report.

Drinking Water Setbacks:

The setbacks from the disposal system to all drinking water wells located on the property being inspected must be measured and noted on the inspection report. Well setbacks are governed by the rules in effect at the time of disposal system permit issuance and may be installed with reduced setbacks to disposal system components if located and constructed in compliance with rules promulgated by the Maine Water Well Commission. Many drinking water wells predate regulation and are legally existing wells. Illegal setback distances or setback distances not meeting the setback requirement may require further investigation by the inspector.

File Report With Municipality:

“Maine Certified Septic Inspections” are not confidential. A summary report is to be issued to the client, and then filed with the municipality within 60 days of the inspection. It is up to local code enforcement what to do with these reports, and it makes the inspection part of the public record.

Report Malfunction the Municipality and the State:

If “malfunction” is observed (wastewater breakout, backup into the home, well/water contamination, or leaking into foundation), the report will alert the municipality of the problem likely causing them to require immediate action. In the shore land zone, “malfunction” must be reported to the state site evaluator as well as the local municipality within 72 hours of the inspection.