In case you are wondering, septic systems are legal – well, for the most part.
When building a new house and you have no way of connecting it to the municipal grid, it is okay to use an onsite waste management system.
That said, there are some important regulations that you must adhere to for your septic system to be considered legal.
So, before you start building your septic system, consult with the relevant bodies to ensure you are doing it right from the very onset.
You do not want to buy or build a new house only for you to find yourself at loggerheads with the authorities due to an illegal system.
Even if you didn’t know what you were getting into, the law will still apply because unfortunately, ignorance is never a defense for breaking the law.
An Illegal Septic System
According to EPA, a septic system has to be permitted and inspected by your local permitting authority.
By this standard, we can infer that an illegal septic system is one that has not been permitted or has not been inspected by the authorities.
There are several reasons why the authority may not permit a septic system but it all boils down to inappropriate design or poor performance.
The EPA has strict guidelines on how to build a septic tank and the minimum requirements that need to be met.
But it is much more than just meeting the minimum requirements for a build.
You should also build the right type of septic system for your property. For instance, there are some situations where it would be illegal to build a conventional septic system.
If you live in an area where the risk of pollution is high (e.g. due to a poor soil structure or adjacent to a lake), then you may be required by law to use an advanced septic system.
This is because, unlike conventional ones, advanced septic systems do a better job of purifying the wastewater to ensure nothing is left to chance.
Building a conventional septic system in such a scenario would be illegal.
So in a nutshell, your septic system would be considered illegal if:
- You have installed the wrong type of septic system for your property
- You have installed a septic system without the required permits from the local authority
- You have neglected regular maintenance of the septic system
- Your septic system has failed and is polluting the groundwater.
You may also want to check: Are Above-Ground Septic Tanks Legal?
Penalty For Illegal Septic System
Every local authority has unique guidelines that apply to their specific region.
But for the most part, illegal septic tanks will attract a fine in the neighborhoods of $100.
As an example, if you are in Texas, you can expect to be fined an amount not less than $50 but not greater than $200.
It is also common to have a statute that determines a different penalty for repeat offenders.
For instance, a first-time offender may be given a fine of around $50 while a repeat offender could be given a bigger fine in the range of $200 – $1,000.
In addition, repeat offenders may also get a jail term of not more than 6 months.
Existing Septic Tank Regulations Worth Knowing
The federal government doesn’t regulate single-family septic systems.
Instead, each state in collaboration with respective local health departments is in charge of the regulation of septic tank installation and maintenance.
Most states also have water resources protection agencies that also create regulations that affect the installation and maintenance of septic systems due to the possible negative effects of phosphorus and nitrogen.
For the most part, your local regulating agency will need to conduct a site assessment before you get a permit to install a septic tank.
The goal of this assessment is to determine if your soil can support a conventional system or if you will have to use an advanced system.
By so doing, the local regulating authorities keep the groundwater unpopulated which helps to take care of the environment as well as prevent the spread of waterborne diseases.
Most states have stringent guidelines on the size of the septic tank which is usually determined by the number of bedrooms you have.
This is an important regulation to be aware of when doing a renovation.
For instance, adding a bedroom to an old house may necessitate installing a new septic tank.
Another common regulation is the requirement to pump the septic tank regularly.
On average, most states will require you to pump your septic tank every 3 years although some states may allow up to 5 years.
Since the regulations differ from state to state, you will need to check with your local authorities for the laws that apply to your situation.
Is It Illegal To Not Have A Septic Tank?
If you have property that is not connected to a sewer line, then you will be required by law to install an onsite waste management system.
As such, lots of people across the nation use septic systems. In fact, according to data from the EPA, at least 23% of all homes in America are served with a septic system.
These are usually people that live in rural areas or other regions that are not served by a public waste management system.
The easiest way to tell if your land is connected to the sewer line is to find out if you have municipal water onsite.
If yes, then it is very likely that you have a sewer connection too.
If you are still unsure of this, you can ask your realtor because they should have such details when selling a property.
As a rule of thumb, most houses that are in cities, towns, and other densely populated areas will have a public sewer system.
This is because large populations have copious amounts of waste and it is safe for the environment to treat it via a public sewer system as opposed to having onsite waste management systems on every property.
However, if your property is in a far-flung location or on the outskirts of urban sprawl, there is a good chance you are not connected to a public sewer system and will therefore need to have a septic system installed.
Not installing a septic system on a property that is not connected to the municipal waste management system is an offense that is punishable by a fine of not less than $50.
Some states take this offense quite seriously and in addition to imposing fines, you could be slapped with a jail term of up to 6 months if found in violation.
How To Report Illegal Septic System
If you spot a failed septic system that is causing pollution to the environment, or any other illegal septic system for that matter, you can report it to the authorities for action.
There is a chance the owners of the property are ignorant or maybe they are being negligent.
Whichever the case may be, reporting the issue will help avert an environmental disaster.
There are two main ways of reporting an illegal septic system:
I. Report online
To report online, go to the EPA website and fill out this form.
The information you share here will be received by the Enforcement and Compliance History Online (ECHO) who will then investigate the issue and take the necessary steps to remedy the situation.
Be sure to give your contact details on the form provided in case they need to reach out for more details.
II. Call 911
If you have reason to believe the issue needs immediate attention because of the threat it poses to human life, you can call 911 and thereafter report it to the National Response Center by calling 1-800-424-8802.
Parting Thoughts
Does your property have a septic system? And is it legal?
If you haven’t already, take the necessary steps to make sure your system is above board.
For instance, make sure you have all the necessary permits and be sure to have a well-documented maintenance schedule.
This will help you have a healthy septic system that will serve you for years but it will also keep you out of hot water.