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The Scoop on Poop
By Seth Weissman
June 2006
Considering that 25% of all homes in the United States are served by septic systems, most of us are
remarkably ignorant about how they work, whether a property can accommodate a septic system or how
to go about investigating whether an existing system is sized correctly or functioning properly. Not many
of us aspire to become experts on septic systems. However, this is an area where a little bit of
knowledge, rather than being a dangerous thing, can actually help a client avoid a major problem. While
the cost of replacing a defective system can be in the thousands of dollars, the bigger issue for
consumers is that sometimes a failed septic system serving an existing house cannot be replaced, due to
poor soil conditions. Similarly, some buyers unknowingly purchase properties that cannot accommodate
a septic system for the same reason. While thankfully, this does not happen often, it can make a lot
unbuildable or an existing home uninhabitable, rendering a property worthless unless there are nearby
public sewer lines capable of serving the property. In light of this significant risk, this article will give
REALTORS® an overview (or “underview”, as the case may be) on how septic systems work, the types of
disputes which can arise regarding their use and how problems can best be prevented.
How Septic Systems Work
Septic systems are used where public sewage systems are not available, and generally consist of four
components: (1) a pipe from the home to the septic tank, (2) the tank itself (newer systems in Georgia
are required to have a two-chamber tank), (3) the absorption or leach field, and (4) the soil into which the
wastewater eventually drains. A typical system uses gravity flow to move the wastewater through the
system; however, in some cases a pump may be needed to move the wastewater from the tank to the
absorption field.
These four components utilize two main processes to treat the wastewater: sedimentation and ground
filtration. During the first stage of the treatment process (sedimentation) all waste material from a home's
plumbing system (all sinks, bathtubs, showers, toilets, laundry facilities, etc.) flows through a large pipe
which empties into the septic tank. The primary purpose of the tank is to allow for the separation of the
solids from the liquids. Over a period of 24 hours or so, any solid matter will settle to the bottom of the
tank where it is collected as sludge and will be partially broken down by microorganisms in the
wastewater. The liquid wastewater, referred to as effluent, accumulates above the sludge. Any oils or
grease will rise to the surface and create a layer of scum on top of the wastewater. A septic tank will
typically contain baffles to keep the sludge and the scum from passing out of the tank. (In a newer, twochamber system there is an opening that allows the effluent to flow into the second chamber, where more
settling occurs separating more solids from the wastewater.)
For the second stage of the treatment process (ground filtration) the effluent moves from the septic
tank to the absorption (leach) field where it is ultimately absorbed and treated by the soil. If the
absorption field is uphill from the septic tank, the water first flows into a separate tank called a dosing
tank. A pump then moves the effluent to the distribution system in the absorption field for processing by
the soil. If no pump is required, the effluent will simply flow out of the septic tank (through a pipe
designed to allow only the effluent to escape), and will proceed through a pipe to the absorption field. A
typical absorption field contains a system of perforated pipes buried in trenches. The trenches are lined
with crushed stones or similar material to keep the pipes from becoming blocked and to allow for even
distribution of the wastewater into the soil. As the water "percolates" down through the soil, the soil itself
acts as a filter removing harmful bacteria, viruses, etc. from the effluent, before it eventually enters the
underground water supply.
There are various designs that can be used for the absorption field. Many contain individual trenches
as described above, although they may be laid out differently as required by the topography. Some
systems may use a seepage pit instead, where the effluent empties into a large pit with a perforated or
open-jointed lining which allows the effluent to seep into the surrounding soil. These generally require
less land area, but are only advisable when normal absorption fields are not feasible and well water
supplies are not endangered. An individual homeowner (or buyer) should be aware of exactly how the
particular system on a lot is laid out, how it operates, and how best to maintain it.
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Before any septic system can be installed on a property, a permit must be obtained from the County
Board of Health, who will review a soil engineer’s report to make that determination. They must find that
the soil on a lot is appropriate for such a system, considering soil characteristics (such as absorption rates
and groundwater levels) and topography (including the presence of rocks and trees on the land, or the
nearness to streams or waterways). Lot suitability and approval are determined according to guidelines
published by the Department of Human Services (“DHS”), Environmental Health Section, as are
guidelines for determining what size septic system is required for a particular home and lot.
If the soil or topography render a lot unsuitable, there are alternative systems that can be used which
can substantially reduce the land area required for the absorption field. These alternatives often use
multi-chambered tanks (perhaps as many as 4 or 5 chambers) that add various stages to the in-tank
treatment process. For example, some tanks may use air diffusers to create a flow of fine air bubbles
through one or two of the chambers of a tank to increase the aerobic digestion of solid matter in the
wastewater. They may add an additional sedimentation tank, where additional sludge settles out of the
effluent. This additional sludge may also be pumped back into the first chamber of the tank for further
processing. The result is that cleaner water flows on to the final chambers. Additional filters may be used
before the final chambers are reached. The final chamber may also contain ultra-violet lights to further
disinfect the wastewater before treatment. After the wastewater leaves the tank, some systems will add
either chlorine or hydrogen peroxide treatment at the end stages, just prior to distribution into an
absorption field.
These multi-chamber systems are initially more expensive than the basic system, and use a larger tank.
However, the tank provides much more treatment of the wastewater, which means the soil is required to
perform much less purification of the water and a smaller absorption field will be needed. You can see
how these alternative methods can help where poorly draining soil or space limitations prohibit a standard
system.
Once it is determined which type of system a lot requires, the size of the system is the next question to
be addressed.
Is The Existing System Sufficient For The Home?
Whether a properly constructed and maintained septic system can effectively handle the wastewater
produced by a household is dependent upon (a) the size of the septic tank, and (b) a distribution system
and leach field that can effectively absorb and treat (filter) the wastewater it ultimately receives.
Sedimentation
How can you determine if the septic tank in place is large enough for the home? Georgia's current
regulations require a septic tank to be a minimum of 1,000 gallons for a home having up to three
bedrooms. For each additional bedroom over three you would add 250 gallons to the required tank size.
The final number should then be increased again by at least 50% if the home has a garbage disposal,
since that significantly adds to the amount of solid material the system must process.
Ground Filtration
In the second stage of the treatment process the wastewater either flows or is pumped to a distribution
system of perforated pipes buried in gravel-lined trenches in an absorption field. How big a field is
required, and where should it be placed, to effectively treat the effluent the soil receives? That is
determined primarily by four factors: (1) how fast the soil can absorb water; (2) the depth of the
groundwater on the property (and any seasonal changes in that depth); (3) how much water the system is
expected to handle on a daily basis; and (4) the topography of the property. The data from these four
factors are used to determine the total size of the drainage field that is required for a particular property.
Let’s discuss these factors in more detail.
Soil Percolation Rates. You have probably heard home inspectors or others refer to the "percolation
rate" of soil. That term refers to how fast water can be absorbed by the soil, expressed as the time it
takes for water in a test hole to decrease in level by one inch (minutes/inch). Soil engineers (or other
persons certified to do so by the County) can determine the percolation rate of the soil in the leach field.
Percolation rates may vary between 5 inches/ minute and 90 inches/minute and still be acceptable,
depending upon other factors. The faster the soil drains, the larger the trench area (drainage field) needs
to be. This is because fast-draining soil is less dense, and has less ability to adequately filter large
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amounts of wastewater. By increasing the overall size of the drainage field, each square foot of ground is
required to do less filtration and the wastewater can be adequately filtered by the larger area of ground
before reaching any groundwater.
Depth of Underground Water Table. A soil engineer also determines the minimum depth of the
underground water table on the property. It must be determined that there is a sufficient layer of soil
between it and the distribution pipes to effectively filter out bacterial and viral contaminants before the
wastewater rejoins the groundwater.
Expected Water Usage. The size of the home, for purposes of determining the size of a septic system,
is measured by the number of bedrooms and the presence or lack of a garbage disposal unit as
discussed above. That will determine how many gallons per day a system is likely to process each day.
Topography. The presence of rocks, trees, other homes, or nearby waterways or wells must also be
considered in light of DHS guidelines. For example, drainfields need to be at least 100 feet from drinking
water sources, 50 feet from streams or ponds, and 10 feet away from water lines. If your buyer client is
considering purchasing property that uses well water, they will obviously want to be certain that the
leachfield was properly placed and constructed in order to safeguard their drinking water.
As you can see, this is a complex process. Now that you have an idea of how a septic system works
and the amount of information needed to plan for effective processing of the wastewater, let's go over
some of the common problems and misconceptions with septic systems that can lead to legal disputes.
Common Problems and Misconceptions With Septic Systems
Many problems with septic systems arise either because the system has been neglected or changes
have been made above-ground that negatively affect what goes on below ground in the septic system.
Examples of the latter problem include the homeowner who adds a garbage disposal to a home with an
older septic system not realizing that it may unwittingly overtax the system. Similarly, bedroom and
bathroom additions are often made (sometimes without the benefit of a permit) that can leave the septic
system undersized relative to the sewage needs of a newly enlarged home.
Some buyers also mistakenly believe that if a property can accommodate a septic system, it can
accommodate a system of any size. Nothing could be further from the truth. Many properties are only
marginally suitable for a septic system. As a result, the governing authority may limit the number of
bedrooms in the house to prevent the system from being overwhelmed. However, some builders
effectively get around this restriction by including unfinished or bonus rooms in homes that can easily be
converted to additional bedrooms and bathrooms. While the builder is not actually violating the law in
doing this, the builder is often aware that he or she is setting into motion a chain of events that will likely
lead to the septic system being overtaxed.
Similarly, sometimes a marginal septic system will work fine for the seller and not for the buyer. This is
not because the seller is hiding a problem with the system. It may simply be that the sewage generated
by the seller may be significantly less than that of the buyer. For example, a family with four children will
generate much more wastewater from running the washing machine and dishwasher, using the
commode, and taking showers than will a family with no children.
A marginal septic system may also function properly during a multi-year period of drought only to fail
when weather patterns eventually change and the ground becomes saturated with rainwater and/or the
water table rises. Finally, problems with septic systems arise when leach fields, and in some cases the
septic tank itself, are paved over when a room or driveway addition are done to a home.
Maintenance is the Key
For owners of property with a septic system the best defense against system failures is regular
maintenance. Septic tanks must be pumped periodically. When the tank is pumped the contractor
performing the service should check the baffles, the filter and pump (if present), and the outflow pipe for
any signs of blockage or damage, replacing parts as needed. The frequency of the pumping will depend
upon the size of the tank relative to the water usage of the home. (The EPA website has more specific
information if you need it, but generally speaking a tank will need to be pumped every two to four years.)
The depth of the sludge and scum levels should also be checked in between pumpings; this will give you
a very good idea as to just how soon the tank will need to be pumped. With good maintenance, a welldesigned system can be expected to last perhaps 30 years before needing to be replaced.
If a septic tank is not pumped regularly, the layers of sludge and scum may overwhelm the system and
allow solid matter to either block the flow through the tank, or to escape into the absorption field pipes
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causing a blockage there. If the absorption field is blocked (a problem which can take a long time to
make itself known), the entire system may need to be replaced. This is obviously something you want to
avoid.
There are things you can advise your clients to do to educate themselves about septic systems before
becoming the owner of one, and there are things that can be done to help bring to light any existing
problems before a property is purchased. Before we go into detail regarding these steps, let’s take a look
at how the law views problems with septic systems.
The Legal Landscape
Courts have historically looked at problems with septic systems as a classic example of a hidden or latent
defect. As a matter of fact, it was a case involving a defective system that first resulted in our appellate
courts finding that sellers owed a duty to disclose hidden defects of which they knew or should have
known about. Specifically, in Wilhite v. Mays 239 Ga. 31 (1977) the Court placed upon the seller a duty
to disclose hidden defects in situations where he or she has special knowledge that is not apparent to the
buyer, and is aware that the buyer is acting under a misapprehension as to facts that would be important
to the buyer and would likely affect his or her decision to buy the property.
Prior to the Wilhite case, the law of caveat emptor or “buyer beware” generally protected sellers who,
while not lying about a defect, failed to disclose the entire truth. However, while sellers owe a duty to
disclose hidden defects, buyers are also under a duty to use ordinary care to protect themselves. Thus,
the Georgia Court of Appeals recently found for a seller in a fraud case involving a defective septic
system because the seller disclosed to the buyer that the septic system needed to be pumped twice in
four months. The Court of Appeals found that the seller had disclosed what the seller knew of the
problem and that the buyer was given enough information about a possible problem with the system that
a reasonable buyer would have inquired further.
The bottom line, however, is that sellers must disclose what they know about problems with their septic
systems or risk the threat of a lawsuit.
The law is less clear regarding the duty of a land owner to disclose whether or not an undeveloped
piece of property can accommodate a septic system. Certainly, the seller is not under an obligation to
find out this information and disclose it to a prospective buyer. Moreover, Georgia courts have historically
imposed greater duties on buyers of land to determine if the land is suitable to the buyer’s needs.
However, the safe answer is that sellers should always disclose what they know about the physical
condition of the property.
Preventing Problems
When buying a lot for a home that will be using a septic system, buyers often obtain only the most basic
information indicating that the soil will percolate (or “perc”) and thus can accommodate a septic system.
While getting a “perc test” performed by a licensed soils engineer is critical, the best way for buyers to
project themselves is to speak with the engineer and get as much information as possible about the
details of the report. Questions that should be asked include the following:
1. Did the test indicate any limitations on the size of the septic system which can be installed or the
number of bedrooms which can be served by the system?
2. Did the test indicate that the soil is well suited or marginally suited for a septic system?
3. Did the tests indicate that a standard system can be installed or only a specialized system intended
for poor soils?
Most of these questions are obviously trying to get at the likelihood for a system’s failure down the road
where the only alternative might be connecting to public sewer.
With an existing home with a septic system, there are several steps buyers can take to protect
themselves against problems.
STEP 1: Ask to See the Homeowner's Records.
Ask to see any drawings the seller has regarding the actual location of the existing system, as well as all
maintenance records. Check these records for details such as: how frequently the tank has been
pumped; which contractor was used; if the system contains a pump, whether it has been regularly
maintained; if there have been any repairs performed, determine when they were done and how
extensive they were; and finally, ask to see copies of any contractor's reports (for initial installation as well
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as for any modifications or repairs). Determine if there have been any additions to the home and, if so,
whether any expansion or modification was done to the septic system at that time. Buyers should also
ask the seller about specific symptoms discussed elsewhere in this article (backups, odors,
breakthroughs, etc.). Caution your buyer-clients against taking the word of the seller regarding service
history at face-value without doing further checking. (They should also obtain documentation of service
records from the County Board of Health, which is discussed in detail below, to compare with the
homeowner’s records).
Suggest that your clients obtain from the seller the water meter readings for the property over a period
of months. They should compare the water usage with that of their own family's usage during the same
period. If the buyer's water usage is significantly higher, they may be asking the septic system to do more
than it was meant to handle. (Be sure they take into consideration any increase or decrease in likely
water usage for the size of the landscaped areas on the new property as compared to their present
home.)
STEP 2: Do an On-Site Inspection of the Property
Walk over the entire area where the septic system is located, including the entire absorption field, and
look for any evidence of sewage overflow - soggy turf, pooling of water, darkly stained soil near the septic
tank indicating a possible discharge and odors. Observe the natural conditions of the property and how
they might affect the system's ability to distribute the wastewater. Is the leach field located in an area that
will allow rainwater to run off easily, or is it likely to pool on top of the leach field and ultimately
oversaturate it? Is there a watercourse or wetland near the absorption field that could reduce the field's
ability to absorb sufficient water? Are there large trees or invasive shrubs planted on or near the leach
field such that their roots may damage the system? Is there any roadway on or near any part of the leach
field?
STEP 3: Review Public Records
Each county's Board of Health is the authority responsible for issuing permits for installation as well as the
replacement of or repair or addition to any portion of a septic system. Suggest to your clients that they
visit the Board of Health to have someone review the property's file with them. Encourage your client to
ask, if possible, the size of the septic system and whether there are any limitations on the number of
bedrooms the system can serve. Also ask if the system meets current code requirements.
If the buyers are contemplating making an addition to the home, such as adding a bedroom or finishing
out a basement, advise them to find out from the Board of Health what procedures they must follow to
accomplish this. They need to be certain that the septic system can be expanded sufficiently to properly
service the larger home they have in mind or whether a second system can be added. If the buyer talks
with neighbors, he or she should also inquire of them whether there have been any special problems with
other septic systems in the neighborhood since soil conditions are often similar in nearby homes.
STEP 4: Professional Inspection of the Septic System
Home sales these days are generally made contingent upon a home inspection. If your clients wish to
have their home inspector also perform an inspection of the septic system, be certain that he or she is
certified to do so. (The DHR can provide them with a list of individuals certified to inspect on-site sewage
maintenance systems.) An inspector may run a dye test to trace the movement of effluent through the
distribution system. The dye is flushed into the system. If it "surfaces" to the ground or appears in a
nearby brook in the following 30 minutes or so, the system is clearly in trouble. However, it is not a foolproof test. If no dye appears, that does not necessarily mean the system is fully functioning or that it will
function properly in the future.
If the system has not been cleaned in several years and if the seller will permit, the buyers could have
the tank pumped to obtain detailed information regarding the system. The pumpout fees are around $100
- $200, if excavation is not necessary. Such an inspection should give your client a good indication of the
state of the septic system and its sufficiency to handle their anticipated needs.
In terms of repair cost, buyers should understand that pumping may cost around $200; repairing a
broken pipe can cost several hundred dollars; and replacing a septic tank could be $2,000 or so. Finally,
your clients should consider the total size of the property they are considering, the age of the existing
system (even if functioning optimally at present), and the likelihood that they will need to entirely replace
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an aging system. Is there sufficient room on the property to install a secondary leach field? If an entirely
new leach field is required, it could cost around $3,000 if there is room on the property at a new location.
If there is insufficient room, the entire existing field (and all the clogged soil) would need to be removed
and new soil brought in, at a cost of $10,000 or more. An entirely new septic system could easily run
$20,000. These are obviously important considerations for any prospective buyer.
Further Information
There is an abundance of information available to you and to your clients on the internet. Both the
Environmental Protection Agency and the Georgia Department of Human Resources, Environmental
Health Section, have "homeowner's guide" booklets that you can download or print that would be helpful
to your clients. These booklets contain some of the above information, useful diagrams to make the
concepts clearer, and recommendations on how to wisely operate and maintain a septic system. Now
that you have the “scoop on poop,” you will be better prepared to guide your clients through the lessobvious underground issues of buying and selling properties with septic systems.
Seth Weissman is a partner with the law firm of Weissman, Nowack, Curry & Wilco, P.C. He serves as
general counsel to the Georgia Association of REALTORS®.
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