Hearing Planned on New Septic Reg

Faced with the challenge of how to handle failing or potentially failing septic tanks, the Board of Health is proposing a new regulation that would significantly change how inspections and repairs are conducted in Franklin, potentially impacting thousands of properties across town.

The public hearing notice, states, ”The hearing will discuss making a regulation on use of existing septic tanks in repair or upgrade situations.”

While the proposed changes references state Title V regulations it is not directly driven by them but rather, according to Matt Tanis, Regional Health Agent, by submitted plans for upgrades to systems that have come in “with notation on existing tanks [being reused] that puts the burden on the homeowner rather than the engineer to certify that it is okay for use.”

The complete proposed regulation states:

Existing septic tanks that do not meet the current Title 5 minimum capacity requirement of 1,500 gallons will not be approved for use in either a repair or upgrade situation. In addition, all septic tanks installed prior to March 31, 1995 will not be approved for use in either a repair or upgrade situation.

Any septic tank that meets the above capacity and age requirement and is to be reused must be inspected and certified by the septic designer (Professional Engineer or Registered Sanitarian) that the tank is in good condition and is acceptable for use with the repaired or upgraded leaching system. A letter must be submitted by the septic designer with the proposed plan / design to demonstrate this certification.

Tanis said the second part of the proposed regulation, “puts the burden of certifying the tank for reuse on the engineer.”

According to Tanis, the Title V came into effect in 1995, when the state required the minimum size going forward to be 1500 gallons. “Previously you could get away with 1000 and back in the 1960s and 1970s it might have been just 750 gallons,” he said. According to Tanis, 1000-gallon tanks haven’t been installed since the 1980s.

In addition to capacity issues, Tanis said precast concrete can deteriorate over time from the gases within the tank and from other environmental factors, potentially creating a future hazard. He said other towns, such as Taunton, have adopted similar regulations. Berkeley, requires replacement of septic tanks every 20 years and in Dighton they require a two-compartment tank with a gas baffle that “goes way beyond Title V,” Tanis said.

The Franklin Board of Health will hold its meeting in the third floor Training Room at the Municipal Building on Wednesday, January 5, 2022, at 5:00 P.M. The public hearing is the first item on the agenda after approval of minutes. Information on participation by Zoom will be available on the BOH website before the hearing.

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According to the Franklin DPW, there are approximately 2800 parcels with septic in town.

The Berkeley Board of Health regulations do not appear to mandate tank replacement on a fixed schedule but do state that “Septic repairs which do not meet Title V requirements mush have plans prepared by a Professional Engineer. Engineer will then apply for variances from the appropriate departments.”