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HOUSE DOCKET, NO. 1137 FILED ON: 1/14/2025
HOUSE . . . . . . . . . . . . . . . No. 391
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Steven S. Howitt
_________________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act relative to regulating the septic industry.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Steven S. Howitt4th Bristol1/14/2025 1 of 3
HOUSE DOCKET, NO. 1137 FILED ON: 1/14/2025
HOUSE . . . . . . . . . . . . . . . No. 391
By Representative Howitt of Seekonk, a petition (accompanied by bill, House, No. 391) of
Steven S. Howitt relative to septic system inspections. Consumer Protection and Professional
Licensure.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 330 OF 2023-2024.]
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Fourth General Court
(2025-2026)
_______________
An Act relative to regulating the septic industry.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. Chapter 21A of the General Laws, as appearing in the 2022 Official
2Edition, is hereby amended by striking out Section 13A, and inserting in place thereof the
3following:-
4 Section 13A. (a) A system inspector of on-site sewage disposal systems, approved by the
5department of environmental protection, who performs an on-site inspection sewage disposal
6system under the provisions of the state environmental code, shall provide photographs to serve
7as direct evidence of what was observed on-site at the time of the inspection to ensure the
8accuracy of the information documented in the inspection report. Said photographs shall be clear
9and conspicuous, time and date stamped, and submitted as part of the inspection report to the
10local approving authority. Any said report submitted to the local approving authority without 2 of 3
11said photographs shall be considered incomplete; provided, however, an inspection completed in
12a community that requires the presence of a board of health official as part of the inspection
13process shall not require photographs to be taken. The photographs shall include images of all of,
14but not be limited to, the following:
15 (i)Tank inlet baffle before pumping to show liquid level in relationship to inlet
16invert;
17 (ii)Tank outlet baffle before pumping to show liquid level in relationship to outlet
18invert;
19 (iii)Distribution box, after the cover is removed, before pumping to show liquid level
20in relationship to outlet inverts;
21 (iv)Area over Soil Absorption System indicating signs of breakout, hydraulic failure,
22overgrown vegetation, or the absence of such;
23 (v)Inside plumbing to show main line as it exits the building;
24 (vi)Pump chamber, if applicable, to show pumps, floats, or discharge pipe before
25actuating pump;
26 (vii)Cespool or privy, before and after pumping, if applicable; and
27 (viii)Any additional components supporting a Conditional Pass or Failure
28recommendation as noted in the report.
29 (b) A system inspector of on-site sewage disposal systems, approved by the department
30of environmental protection, who performs an on-site inspection sewage disposal system under 3 of 3
31the provisions of the state environmental code, that reports a conditional pass or failure of a
32system shall not recommend a specific disposal system installer, including himself, to perform
33any work related to the replacement, repair, alteration or design of said system; provided,
34however, that all system inspectors shall, at the time of inspection, provide to the property owner
35a list prepared by the local board of health of disposal system installers who are approved to
36perform such work which shall be signed by the property owner, and a copy thereof provided.
37Failure to include said signed list as part of the inspection report shall result in an incomplete
38report. Each board of health shall prepare and make available a list containing the name,
39address, and phone number for at least five such installers who request to be included on such
40list. Nothing contained herein shall be construed to prohibit a system inspector from distributing
41such list on which his own name shall appear; provided, however, that such inspector shall in no
42way distinguish his name from others on such list.
43 (c) A violation of this section shall be punished by a fine of not less than $1,000 for a first
44offense, not less than $2,000 and a 3 month license suspension for a second offense, and the
45revocation of the system inspector’s license upon a third offense.
46 SECTION 2. The department of environmental protection shall notify all such approved
47system inspectors and installers of the requirements of this act.