It is estimated that about a third of the homes in Virginia have septic systems. Virginia is a "buyer beware" state. Any well, groundwater or septic problems not detected by the buyer during the sale process become the home buyer's problem upon closing the sale. There is no legal recourse back to the seller. Period.
Before you purchase a house, Virginia Tech recommends that
buyers should engage a licensed well contractor to assess the well and a
licensed septic installer/service company to assess the septic system. As part
of the assessment, the home buyer should obtain a copy of the "Water Well
Completion Report" and the septic system (or AOSS) repair/permit history
and the history of septic tank pump-outs. This information is on file at the
local health department. Home inspections do not cover septic and well
systems. The average lifespan of a septic system is 15 to 40 years, but it can
last longer if properly maintained. A traditional septic system should be
inspected every three to five years (and pumped out at that frequency) by a
septic system service provider; and an alternative septic system (called an
AOSS) must be inspected at least every year in Virginia.
There are two basic types of septic systems: a conventional
septic system and an AOSS or Alternative septic system. AOSS stands for
Alternative Onsite Sewage System. A
typical septic system has four main components: a pipe from the home, a septic
tank, a gravity or pumped conveyance of the septic tank effluent to the drain
field
conventional septic system from EPA |
An AOSS ATU tank from EPA |
The septic tank is a buried, watertight container typically
made of concrete, fiberglass, or polyethylene. It holds the wastewater long
enough to allow solids to settle out (forming sludge) and oil and grease to
float to the surface (as scum). The septic tank also allows partial
decomposition (by natural bacterial action) of the solid fecal matter.
Compartments and a T-shaped outlet in the septic tank are intended to prevent
the sludge and scum from leaving the tank and traveling into the leach field area.
Some newer systems have screens and filters to keep solids from entering the
leach field, but older systems typically do not. These filters and screens can
become clogged and need to be cleaned out regularly to prevent septic sludge
from backing up into the house.
two chamber septic tank from EPA |
When you look at a house, look for the septic tank. The tank should not be entirely buried and at least one port should be visible in the yard. If the tank is entirely buried- move on, do not buy the house because it is a safe bet that the tank has never been pumped, the system is old and the entire septic system will have to be replaced. The solids, scum and grease that accumulate in the septic tank need to be pumped out and disposed of every few years. If not removed, these solids will eventually overflow the septic tank, accumulate in the drain field, and clog the pores in the soil and the openings in the pipes. While some clogging of soil pores occurs slowly even in a properly functioning system, excess solids from a poorly maintained tank or a tank where enzyme additives were used instead of pumping the tank can completely close all soil pores so that no wastewater can flow into the soil.
The sewage effluent will then either back up into the house,
flow across the ground surface over the drain field, or find another area of
release in the septic system. In some cases where the drain field has become
clogged and no longer can adequately absorb the wastewater, the toilets and
sinks might not drain freely. A black residue may remain at the bottom of the
toilet. If the drain field can absorb the effluent, but no longer treat
it, the sewage may contaminate the groundwater or surface water with fecal
coliform bacteria. On a dry day if there is a soggy area of the yard the
drainfield may already be failing.
Since 2011 all AOSS in Virginia must be inspected at least
once a year and the septic tank pumped as needed this is generally ever 2-5
years. In addition, “AOSS are required to be operated, maintained and
inspected by a Licensed Professional. Licensed AOSS Operators are
regulated by the Department
of Professional and Occupational Regulation (DPOR).” This generally
means that the homeowner will have a single year or multiple year contract with
a licensed septic company and there will be annual notations of inspection at
the County Department of Health.
Some counties in Virgina were better than others at keeping
records in the early years, but these days, there is a statewide online system
that licensed operators can access to enter the inspections. In 2022, the
General Assembly approved legislation (HB 769) that took effect on July 1,
2023, and includes a requirement for maintenance providers to report pump-outs
within the Eastern Shore and Three Rivers health districts using a web-based
reporting system developed by VDH. To implement this reporting tool, VDH
made changes to the existing MyHD platform. While the
legislation specifically identifies the two health districts as a pilot
program, the MyHD portal accepts pump-out reports and other
maintenance information from licensed/permitted providers from across the
Commonwealth and has become the default.