Time of sale septic inspections can protect water quality: Part 2
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EmailCounties and townships can protect surface and groundwater by adopting time of sale septic inspection ordinances.
The first part of this two-part article addresses the motivations for protecting water quality in Michigan, and introduces time of sale septic inspection ordinances as one tool for local governments to consider for protecting surface and groundwater. Part 2 explains more about time of sale septic inspection ordinances, the pros and cons of such a program, and the associated regulatory authority.
According to the Michigan Department of Environment, Great Lakes, and Energy (EGLE), more than 20% of the state’s estimated 1.3 million septic systems are failing, posing risks to public health, groundwater and surface water. Depending on the average age of septic systems in a given community or watershed, the actual number of inadequate systems will vary, but the consequences of not having a time of sale ordinance in place are likely to grow more severe as systems age.
Typical septic system failures include leaking or damaged septic tanks, damaged or blocked connections to drain fields, inadequate distance from drain field to water table, inadequate system size for size of home, and insufficient distance from drain field to drinking water wells, lakes or streams.
Groundwater generally travels towards surface water – lakes and streams. Groundwater passing by septic fields and tanks on waterfront lots may take less than a year to reach surface water, depending on the location of the system and the surrounding soil type. Groundwater moves through sandy soils much faster than clay-rich soils. Soils consisting of more than 60 percent rock fragments, gravel and pebbles are excessively permeable and allow wastewater to pass through with insufficient filtering of contaminants and nutrients. Communities with permeable soils and high-quality lakes, rivers and streams may want to consider a time of sale inspection ordinance as a means to protect their water assets, maintain property values and retain their sense of place (see Placemaking is a rural responsibility too).
While the ultimate goal is to protect the surface and groundwater resource and public health through identification of deficient sewage treatment systems and water supply wells, there are additional benefits of time of sale ordinances. Since most programs require registered third-party evaluators other than the local government or health department, local businesses benefit from inspection work and possible follow-up septic system and water supply upgrades, which can be good for contractors in the community.
Such programs also help protect consumers. Home buyers benefit from knowing the condition of a property’s septic system and well and can make a more informed decision about their purchase. Further, the process of securing a mortgage can be a good time to address deficiencies in septic and water supply infrastructure as funding can be arranged to make needed corrections. Once a mortgage is closed, home buyers may be hard-pressed to come up with the extra cash to make corrections to issues discovered after the fact.
The costs of system upgrades that must be paid by the seller or purchaser comprise one potential downside of a time of sale septic inspection ordinance. Other downsides might include the added complication of the real estate transaction and the need for greater local government capacity to administer such a program and collaborate with related professionals. Review the table below for other considerations.
Time of Sale Septic Inspection Ordinance
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Pros |
Cons |
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Public health and environmental protection by eliminating failing septic systems and identifying and correcting improperly constructed water supply wells. |
Need for collaboration between government jurisdiction, realtors, register of deeds, and third-party evaluators and a system for entering, tracking, and transferring information. |
|
Consumer protection by exposing substandard construction issues prior to the signing of purchase agreements. |
Requirement of additional government jurisdiction staff time to administer program (and possibly information technology expenses). |
|
Elimination of unplanned expense by purchasers resulting from the need to replace sewage and water systems after loans have closed. |
Increase length and complication of real estate transactions. |
|
Additional work for local well and septic system related businesses. |
Requirement for certification protocols for third-party evaluators. |
|
Creation of new business opportunities for registered evaluators from the private sector. |
A cost to home sellers and potential hardship for low- and middle-income residents. |
|
Improved confidence of lending institutions based upon direct knowledge of status of sewage and water supply systems. |
Government involvement in a private property transaction. |
*Adapted with permission from the Marquette County Health Department
Most time of sale septic inspection ordinances in Michigan are adopted at the county level and administered by the county or regional health department. County government has such authority under the County Boards of Commissioners Act (PA 156 of 1851, as amended), granting the power to pass ordinances that relate to county affairs.
Townships also have such authority to adopt a police power ordinance to protect public health, safety and welfare under the Township Ordinances Act (PA 246 of 1945, as amended) or the Charter Township Act (PA 359 of 1947, as amended). The Michigan Lakes and Streams Association maintains a list of local jurisdictions with time of sale septic system inspection ordinances.
Another related regulatory approach that is being adopted by more Michigan local governments is requiring status reports and inspections of septic systems at short-term rental properties. Some communities require applicants for a short-term rental license to obtain a septic and well status report from the county health department with documentation as to the number of bedrooms the septic system was designed to accommodate. If no such report exists, a report from a qualified inspector is acceptable. The septic system capacity establishes the allowed occupancy of the short-term rental.
Then, with approval of the short-term rental for the specific occupancy, renewal of the license often requires inspection of the septic system every few years. The regulatory rationale is that short-term rentals may be used more intensely than the average summer cottage, with more individuals potentially on site for several days or weeks through multiple seasons of the year. Such regulations in local police power ordinances are intended to protect public health, safety and welfare from these more intense uses.
Michigan State University Extension offers several resources for local governments to help protect water quality, plus numerous resources for homeowners to help them appropriately maintain their septic system and handle other wastewater issues onsite.
