A Time of Sale Inspection Formula

Avoid misunderstandings and legal entanglements over the viability of a septic system by proposing the Answer Man’s real estate transfer plan

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QUESTION: I read a recent article about hydraulic load testing that calls attention to some disagreement about the way to do the test and how effective it is. What do you think about the test?

ANSWER: I have some serious reservations about the value of hydraulic load testing. Some of the same reservations were expressed by Dawn Long from Arizona and Mike Lynn from Virginia in the article you mention. In my opinion, hydraulic load testing does not give the information needed and protects neither the seller nor the buyer in a real estate transaction.

First of all, it is unfortunate that some states do not recognize the proper way to distribute septic tank effluent in a soil absorption system. I am pleased that two experts from Minnesota, Jim Anderson and Dave Gustafson, specified sequential distribution as the proper way to distribute sewage tank effluent in a drainfield trench system.

When distribution boxes are used, it will be unlikely inspection pipes have been placed at the end of each trench. Inspection pipes are much more likely to be present in a trench system using sequential distribution.

Long mentioned some inspectors fail a system if there is any effluent in a trench. It is unfortunate when so-called professionals in onsite sewage treatment consider a trench to have failed if there is any effluent present in the trench. Arizona is not the only place this happens, as I have heard of such practices in other states.

If there is liquid in any or all of the trenches, this does not mean the system has failed. A liquid level means the biomat has developed along the entire bottom of the trench, and the effluent is being effectively treated.

Let’s go back to the reason the existing onsite sewage treatment system is being tested. Very likely it is because the property is being sold. What do you suppose the purchaser expects from the onsite sewage treatment system on the property they are buying? Unless the purchaser has previously been in a house with an onsite system, all they are likely interested in is the toilet continuing to flush and the wastewater flowing out of the drains.

Consider the following example: A house for sale has been owned by a couple for many years. The two of them have used about 100 gallons, or less, per day. Occasionally when guests are present or the grandkids are visiting, 200 or 300 gallons may be discharged into the sewage system in one day. The owners have never had any problems with the sewage system.

The buyer moving in has three school-age children. It is an active family with many friends who come to visit. They will likely generate between 300 and 400 gallons of sewage per day.

The house has been for sale, but unoccupied for several months. What would a hydraulic load test tell about this system? How much water should be used, as the trenches are likely not very full?

I suggest the following approach to the problem of testing the system, which should protect both the seller and the buyer. It will also eliminate a lot of heated conversation in the future.

First, a plan of the existing system should be obtained, if available. The local permitting authority may have such a plan. The homeowner may have a plan showing where components of the onsite system are located.

The septic tank should be cleaned and inspected by a professional. If the tank has deteriorated, it should be replaced by the seller. If the tank is in good condition, the inlet and outlet baffles should be checked to be sure they are in place and of correct dimensions. If not, baffles should be replaced, at the seller’s expense.

The next step would be to locate the distribution box, if that is the type of distribution system. An impact probe is a good tool for this. When the distribution box is located, the cover should be removed. The condition of the distribution box should be evaluated, as concrete boxes are often deteriorated by hydrogen sulfide gas. If the box has deteriorated, it should be replaced with a plastic or fiberglass box at the seller’s expense.

The outlets of the distribution box should be adjusted so all are at exactly the same elevation using a water test. If the ends of the drainfield trenches have inspection pipes, the liquid level in the trenches should be determined. If the trenches have sequential distribution and inspection pipes, the liquid level in each trench should be measured.

Another question is, “How many gallons per day will the existing onsite system continue to treat?” The sellers didn’t burden the system, but the buyers should be expected to put more demands on the system. What should be done?

First, a water meter should be installed at the seller’s expense to measure the volume of sewage wastes flowing into the system. Only water used in the household is measured. The seller and buyer should agree on the number of gallons per day the onsite system will treat for a period of one year. They may want to have an onsite professional give them advice for this number.

Let’s say the original design was for a three-bedroom home and the system design was based on 450 gallons per day. Or perhaps the seller and buyer will agree on a smaller value such as 350 gallons per day.

The seller should agree the onsite sewage treatment system will treat the agreed-upon number of gallons per day for one year. The seller should also agree to place in an escrow account an agreed-upon sum of money to repair or increase the system size in the event the system does not perform as expected for the year.

If the onsite system works as expected, the seller receives the escrow money plus accumulated interest. If the buyer’s family uses more than the agreed-upon sewage flow and the system fails, the buyer pays for the repair of the system.

I have heard from my onsite professional friends of many instances where the seller in good faith told the buyer, “There was never any trouble with our sewage system.” When the buyer’s family generated far more sewage than the seller, the system failed. The buyer believed the seller had told them a false story. Lawsuits were often the result.

Sellers and buyers often don’t understand that the number of gallons per day of sewage is the key criteria for the performance of an onsite system. A system may be adequate for one family, but not another. The difference is the amount of sewage flowing into the system. A water meter will tell the story.



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