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can a cesspool pass title 5 in massachusetts or are they automatically

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can a cesspool pass title 5 in massachusetts or are they automatically failed if there is no septic tank? I am selling an older house. the system has never had a problem but i think it is a cesspool not a septic tank system.
Submitted: 8 years ago.
Category: Legal
Expert:  AttorneyTom replied 8 years ago.
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State laws can vary drastically. Accordingly, you should consult an attorney who is licensed to practice in your state about this matter. What follows is neither legal advice nor a legal service. What follows is general information which may or may not apply, depending on the laws of your state. Only an attorney who is licensed to practice in your state can provide legal advice or legal services.
Customer

According to the Mass. Dept. of Environmental Protection, Title 5 generally only requires a cesspool to be replaced if:
1) there are signs of hydraulic failure;
2) it is very close to water supplies (public or private);
3) it is a threat to public safety, health, or the environment;
4) prior to a design flow increase.

More information is available at:
http://www.mass.gov/dep/water/wastewater/faqsgen.htm#require

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