POS INSPECTIONS

Point of Sale

Point of Sale Inspections

Inspector Qualifications, Training, and Inspection Forms

Dawn Long, American Septic Service

Five states have point-of-sale (POS) inspections: Arizona, Iowa, Massachusetts, and New Mexico. Colorado was not included because individual counties may opt in or out of the program. Numerous counties or municipalities in other states have adopted comprehensive POS inspections, all with varied regulations.

Almost unanimously, inspectors are held accountable, repairs are mandatory, local regulators review inspection reports, and state Websites post the names of certified inspectors. Most regulators allow 30 days for repairs and do not delay transfer of title. Many local municipalities require well testing as part of the POS inspection.

Realtors remain the greatest obstacle to state-mandated POS inspections. Some 50 percent believe it will prevent the transfer of property, although this writer found no evidence to substantiate the claims. The other half believes inspections protect all parties. Realtors writing contracts are innovative regarding who pays for the inspection.

The National Environmental Services Center provides a summary of onsite wastewater regulations by state.

MANDATORY POINT OF SALE INSPECTIONS

Arizona

In 2001, the Arizona Administrative Code mandated POS inspections for all permitted onsites installed beginning January 2002. In July 2006, the rule changed to include all onsites regardless of age. To date, the National Association of Wastewater Technicians (NAWT) has certified 309 POS inspectors under the auspices of the Arizona Department of Environmental Quality (ADEQ).

Applicants for the NAWT inspection course must be licensed engineers, registered sanitarians, owners of septage trucks or their employees, certain licensed contractors, wastewater treatment plant operators, or persons qualified under another category designated by the ADEQ. Inspectors must renew their certification every two years with eight continuing education units (CEU). Point-of-sale inspection reports are valid for six months. Pumping is required, but repairs are not mandatory.

Delaware

Revised septic regulations from the Delaware Department of Natural Resources and Environmental Control require inspectors to hold a Class H license. Maryland Onsite Wastewater Professionals Association, Delaware Technical and Community College, Pennsylvania Septage Management Association, and NAWT provide the courses. 


Iowa

The Iowa Department of Natural Resources began its transfer of title inspection program in 2009. It was developed by Dr. Randy Miles, PhD, University of Missouri and Des Moines Area Community College Business Resources. 

Inspection course applicants must have two years of onsite experience in installation, design, or operation and maintenance, or complete the Basics of Onsites course at the Onsite Wastewater Training Center of Iowa or an equivalent course approved by the department. Upon meeting the experience requirement, an applicant can take the 2 day inspection course and must pass an exam. To qualify for recertification, inspectors must complete 12 CEU every two years. Inspections are valid for two years even if the property sells within that time. Septic tanks must be pumped at the time of inspection or within the last three years,with documentation. Failing systems must be brought up to code.

County environmental health offices review inspection reports and determine required corrective action, if needed. County and state officials review reports to ensure inspection protocols are followed.

Properties valued at less than $500, transfers within intra-family businesses or organizations, foreclosures, or transfers by estates are exempt from POS inspections.


Massachusetts

Since 1995, the Massachusetts Department of Environmental Protection has allowed septage haulers, board of health members, engineers, installers, and others with one year documented onsite knowledge to become inspectors. The New England Interstate Water Pollution Control Commission conducts the training and certification program. The three-year renewal cycle includes 10 hours of continuing education. Certified inspectors are posted on the state’s Website.

Systems with metal or cracked septic tanks, broken or obstructed pipes, uneven distribution boxes, or malfunctioning pump chambers can qualify for a conditional pass on inspection reports, but not soil absorption systems and cesspools. Once the local board of health approves the repaired or replaced components, the systems pass inspection.

Property transfers between parents and children, spouses, full siblings, or family trusts are exempt from inspections.


New Mexico

The New Mexico Environmental Health Department mandated POS inspections in 2005, and NAWT certifies the inspectors. Deficiencies listed on inspection reports must be corrected within 15 days or as approved by the department. Replacements or modifications require a permit.


Non-Mandatory Point of Sale States

Alabama

Licensed and unlicensed plumbers provide POS inspections. The Alabama Onsite Wastewater Association Training Center and University of West Alabama conduct the bulk of licensee training for onsite professionals.

Alaska

What to Look For When Buying a Home, a guide from the Alaska Department of Environmental Conservation, educates buyers about onsite systems

Arkansas

Arkansas has no online training materials for onsite inspectors.

The state Department of Health (ADH) approves single-family septic systems and small decentralized systems. Permitted systems are inspected regularly and complaints are investigated.

California

Inspectors are NAWT trained and certified.

Colorado

Each county had to adopt the latest Colorado Department of Public Health and Environment onsite regulations by June 2014. However, counties were allowed to opt in or out of the Transfer of Title program. According to a 2 June 2014 email from Chuck Cousino, Onsite Coordinator in the department’s Water Quality Control Division, only 15 of some 50 local public health agencies – mainly those along the Front Range with the densest populations – accepted the program. Jefferson County Regulations are also detailed here. Inspectors must certify through NAWT or hold an equivalent national certification.


Connecticut

Onsite systems serve approximately 30 percent of Connecticut’s population.


District of Columbia

Sewered.

Florida

In 2012, the governor signed HB 1263, repealing the law requiring septic tanks to be inspected every five years and the ordinance requiring POS inspections.

Georgia

Georgia requires a riser if septic tank lids are 12 inches below grade.

Hawaii

Hawaii has more cesspools than any other state. They serve single- and multi-family dwellings, restaurants, churches, and office and commercial buildings.

The U.S. Environmental Protection Agency (EPA) banned large cesspools – defined as serving 20 people or handling more than 1,000 gallons per day – in 2005. Five years later, it issued compliance and penalty orders to enforce the mandate. The agency was still issuing Consent Agreements in 2012, the most recent data.

Idaho

The Idaho Department of Environmental Quality has no POS inspections; however, banks requiring a home loan survey or mortgage survey ask homeowners to include an onsite inspection. Local health department officials review permits, evaluate systems, and draw samples from potable wells. Septic tanks must be pumped within the last three years. Homeowners pay a $60 environmental fee that includes the survey, but does not cover laboratory services. Districts may impose an additional fee.

Illinois

Tazewell County requires an onsite inspection for the sale of property or exchange of ownership. Escrow funds pay for repairs or replacements at time of closing. Whoever orders the inspection must send a copy of the report, signed by the buyer and seller, to the county health department before closing and within 30 days of its issuance.

Indiana

The 2014 Indiana State Nonpoint Source Management Plan continues to research a lender POS inspection program with NAWT-certified training, a State Revolving Fund loan program for septic upgrades and repairs, and to map priority coastal septic system areas.

Kansas

Most of the state’s 105 counties are administered by an Environmental/Sanitary Code that may require POS inspections.

Sedgwick County has had POS inspections since August 1993.

Kentucky

The wellhead protection plan from the Louisville (Ky.) Water Co. helps residents prevent contamination of the aquifer.

Louisiana

Installers and maintenance providers are trained through the University of Louisiana at Lafayette Continuing Education Department and licensed through the Louisiana Department of Health and Hospital.

Maine

The Maine Department of Human Services and Maine Department of Environmental Protection developed a voluntary certification program for onsite inspections.

Maryland

The Annotated Code of Maryland requires individuals performing POS inspections to complete a course approved by the state Department of the Environment. The code also recommends individuals take an approved course every five years.

Michigan

The Michigan Department of Environmental Quality does not require POS inspections, but numerous villages and townships do. The 1.2-square-mile Village of Empire adopted POS inspections, but Leelanau County in which it resides has not. Surrounding counties Benzie, Manistee, and Kalkaska have POS ordinances. Brooks Township in Newaygo County has a POS ordinance, but the county does not. The same is true for Long Lake Township in Grand Traverse County. Northwest Michigan Home Inspection Services list inspection requirements.

Minnesota

Two thirds of Minnesota’s 87 counties require POS inspections. Aaron Jensen, Policy and Planning person at the Minnesota Pollution Control Agency , says a statewide mandate is unlikely. The University of Minnesota Onsite Sewage Treatment Program trains inspectors, who must work under a mentor. A factsheet explains the certification and licensing program.

Mississippi

The Mississippi Department of Health and Human Services requires domestic wastewater and graywater to enter the onsite system. Managing Household Wastewater, a publication from the Mississippi State University Extension Service, enables homeowners to assess if their onsite systems are contaminating sources of drinking water.

Missouri

Some Missouri counties require POS inspections. Alternative systems must be inspected per manufacturer’s specifications and at time of sale, the latest alternative system inspection report must be attached to the standard inspection form.

According to a 6 June email from Lora Cable, HPRII, Department of Health and Senior Services, inspectors must complete theLicensed Inspector/Evaluator course. The Missouri Department of Health and Senior Services licenses individuals, not companies. The initial three-year renewal cycle requires 20 CEU of which eight are select criteria (license specific). Subsequent renewals require 12 CEU with eight select criteria. Inspectors have 45 days after their license expires to complete the renewal, but they may not inspect systems.

Inspection reports, in a checklist format, include the examination of wells and the collection of water samples. Reports and samples must be submitted to the department and county authority within 30 days of completion according to a 4 June 2014 email from Lora Cable, HPRII, Department of Health and Senior Services.


Montana

The Montana Legislative Services Division has a memo on POS inspections. The Septic Pumpers Guide from the Montana Department of Environmental Quality is a valuable tool for service providers.

Nebraska

The Nebraska Department of Environmental Equality requires the certification of onsite professionals. Inspectors in Lincoln Lancaster County must then certify with the county. According to a 1 July 2014 email from John Chess, Water Quality Supervisor at the county health department, county certification focuses on practical knowledge, whereas state certification focuses on technical aspects.

Sellers, who are responsible for inspections, choose from a list of certified inspectors. Properties with potable wells require another certified inspection. Upon reviewing the POS inspection report and receiving the $200 fee, department officials issue a Determination letter classifying systems as approved, denied, or delayed due to weather. The law gives five days for review, however "Consumer friendly" is the motto of the department and most reviews are out the door in 24 hours or less. Chess said denials do not stop sales, but most Title companies and lending institutions will not close on such properties.





Nevada

The Nevada State Health Division oversees statewide regulation of onsite systems and contractors, but county or multi-county health bureaus oversee local system operations and installations. The factsheet published by the Nevada Division of Environmental Protection recommends pumping 1,000-gallon septic tanks used by four-member families every three years. More frequent pumping may be necessary in larger families or in households using garbage disposals or allowing excessive grease to enter the system.

Annual monitoring, inspection, and maintenance of alternative systems must be done by persons registered, licensed, or certified by the State of California under the Business and Professions Code.

New Hampshire

The New Hampshire Department of Environmental Services onsite regulations require septic tanks to be pumped by a licensed septage hauler when sludge and scum levels equal one-third or more of the tank depth.

New Jersey

A 2012 amendment to the New Jersey Administrative Code requires cesspools to be replaced when properties change ownership. In 2003, The New Jersey Department of Environmental Protection published a technical guide for Inspections of Onsite Wastewater Treatment and Disposal Systems.

New York

Since 2011, the Town of Yorktown, in Westchester County N.Y., has required onsite systems to be inspected every five years. The county health department licenses septage collectors.

A Residential Onsite Wastewater Treatment Systems Design Handbook, published by the New York State Department of Health Bureau of Water Supply Protection, includes this section on effluent filters:

“Effluent filters protect absorption areas from premature clogging and failure due to the release of non-settleable solids and non-degradable flushed materials from the septic tank. Effluent filters are installed on the outlet of septic tanks or the last septic tank in-series before distribution to the absorption area. Installation of septic tank effluent filters is an inexpensive method to enhance the effectiveness of septic tanks. Effluent filters also may protect homeowners from inadvertently causing extensive and expensive damage to the absorption area.

“When an effluent filter is installed, a riser should be installed and extended to the ground surface for access to the filter for maintenance. It is recommended to use filters certified under NSF Standard 46. Effluent filters should be inspected about every six months for signs of clogging; however, unless premature clogging is detected, filters should only be cleaned (washed off into the septic tank) when the septic tank is emptied of solids every two to three years by a New York State Department of Environmental Conservation permitted septage transporter. Slow drainage or plumbing backups may be an indication of filter clogging. Some effluent filters can be equipped with an alarm to warn of clogging and prevent sewage backups into homes.

North Carolina

The private North Carolina Onsite Wastewater Contractor Inspector Certification Board has a comprehensive training program for inspectors and installers.

North Dakota

Senate Bill 2307 addressed the regulation of septage disposal, but it failed to pass the 2013 state legislative session. Local public health departments have adopted general standards in the state plumbing code or similar standards for use within their jurisdiction, which includes several counties. Each unit has in-house training for system design and installation, sewers, soils, and advanced treatment systems. Certification is valid for two years.

The booming oil industry has attracted pumpers from other states. To acquaint them with established standards, the North Dakota Department of Health published a Septage Pumper Guidance Manual for handling septage from temporary worker camps, cluster housing, and portable restrooms.

Ohio

Ohio Department of Health officials are attempting to enact new septic standards (25 percent of the population relies on onsite systems).

Columbiana , Geauga, and Trumbull Counties, among others, require POS inspections. The Summit County Health Department, which also mandates private well inspections, created a Powerpoint presentation on the process. Inspections are valid for two years. As part of the property transfer, the county requires onsite systems to be connected to a sanitary sewer, if available.

Clark County Combined Health District and Medina County Health Department conduct POS inspections on request, but they have no law requiring them.

The Clermont County General Health District Basic System Assessment Program evaluates systems with electrical components every 19 months and all other systems every 38 months. The county has more than 20,000 onsite systems.

Oklahoma

In 2012, the Oklahoma Department of Environmental Quality updated its onsite rules. A factsheet recommends annual inspections of septic tanks. The department issues licenses for onsite installers, contractors, pumpers, and septage haulers.

Oregon

The Oregon Department of Environmental Quality adopted Septic Smart, the U.S. EPA’s voluntary program designed to encourage onsite inspections. Inspectors include state-certified installers and maintenance providers, NAWT-certified inspectors, registered environmental health specialist and wastewater specialist, and professional engineers. Licensed pumpers must have one of the above certifications to do inspections

According to a 2 June 2014 email from Priscilla Woolverton, Onsite Wastewater Specialist, Western Region, the program depends on certified onsite professionals signing up on the Septic Smart Inspector List. To remain on it, inspectors must submit a year-end questionnaire.



Pennsylvania

The Pennsylvania Department of Environmental Protection or other governing agencies have no inspection standards and do not regulate inspectors.

The Pennsylvania Septage Management Association has trained and licensed inspectors for 25 years. The Commonwealth courts, county courts, and local courts have recognized the training program as the industry standard during proceedings with real-estate inspection issues.

PSMA members service Delaware, Maryland, New Jersey, Virginia, and West Virginia.

Syllabus 101

Rhode Island

Numerous Rhode Island towns have adopted a wastewater management ordinance requiring onsite inspections. The Rhode Island Department of Environmental Management is investigating POS inspections. The New England Onsite Wastewater Training Program at the University of Rhode Island in Kingston, R.I., lists registered inspectors. The state is phasing out cesspools.

South Carolina

South Carolina has roughly 1 million septic tanks according to the Department of Health and Environmental Control . The U.S. EPA estimates that 10 percent or 100,000 of those systems fail every year. The department recommends inspecting conventional onsite systems every one to two years, and alternative systems once a year or more frequently as recommended by the manufacturer.

In 2008, the state legislature modified the septic tank code and considered requiring POS inspections, but the House Agriculture and Natural Resources Committee did not support the measure.

South Dakota

Meade County requires POS inspections.

Tennessee

The Tennessee Residential Property Disclosure Law requires sellers to list any material changes in the physical condition of the property, including the onsite system.

The state Department of Environment and Conservation handles onsite permits.

Texas

The Texas Commission on Environmental Quality delegates authority to local governments and approves courses to license onsite professionals. Registered site evaluators also must be a licensed installer II, designated representative, or professional engineer, sanitarian, or geo-scientist with a soil scientist discipline.

Utah

The onsite wastewater program from the Utah Department of Environmental Quality certifies onsite professionals.

Vermont

The Vermont Department of Environmental Conservation advises annual inspections of all onsite systems. Larger systems permitted by the department must undergo annual inspections as a condition of the permit.

Virginia

The Virginia Administrative Code requires sellers to disclose if the house has an onsite system, its components, and maintenance requirements. Inspectors must be certified through the National Sanitation Foundation International or other nationally recognized organization. Alterative systems must be inspected annually. Most counties required septic tanks to be pumped every five years, but they do not require an inspection of the tank or system components.

Onsite inspection requirements for real estate transfers vary by contract, frequently generated from a contract template approved by the Virginia Association of Realtors. The standard contract includes four assessment options, from a Walk-Over inspection to a full system evaluation.

Washington

Seattle and King Counties require POS inspections. The Washington State Department of Ecology recommends annual septic tank inspections with pumping as needed. Homeowners are responsible for inspecting and maintaining their onsite systems either through a professional or with proper training (Septics 201).

Wisconsin

The Wisconsin Department of Natural Resources is not considering a POS inspection program.

The Wisconsin Onsite Wastewater Recycling Association developed the Private Onsite Wastewater Treatment System Evaluator Course to standardize inspections throughout the state. According to a 23 June 2014 email from Aaron Ausen, president, the association is working to have the state and Realtors recognize the program.


Wyoming

Wyoming has no plans to revise its May 1984 Water Quality Rules and Regulations or to adopt maintenance programs.

According to a 23 June 2014 email from Brian Mark, Program Principal in the Water Quality Division, surface discharge is an option for all technologies, and a National Pollution Discharge Elimination System permit is required to reduce the size of drainfields.

Local agencies license onsite wastewater professionals.

National Association of Wastewater Technicians



States with NAWT-Certified Inspectors
Alaska - 2
Arizona - 306
California-  89
Colorado-  147
Delaware-  1
Florida-  1
Hawaii- 2
Illinois- 2
Indiana-  12
Kansas  - 4
Kentucky - 1
Maryland -3
Michigan - 17
Montana - 1
Nevada - 2
New Jersey- 3
New Mexico- 182
New York-2
North Carolina-1
Ohio - 12
Oregon- 36
Tennessee- 2
Texas- 102
Utah- 3
Vermont- 1
Virginia- 4
Washington -1
Wisconsin- 2
Wyoming-3
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