Septic System Regulations, FHA Guidelines, and Safety Standards: A Consumer Overview

The provided source material focuses on regulatory updates, financial considerations, safety concerns, and technical specifications related to septic systems and well water in the United States. The content addresses specific challenges faced by homeowners, particularly in Clark County, Nevada, and Suffolk County, New York, as well as guidelines issued by the Federal Housing Administration (FHA) regarding property eligibility for mortgage insurance. Additionally, it highlights critical safety issues demonstrated by a legal case involving a campground septic tank. The following article summarizes these key findings based exclusively on the provided documentation.

Regulatory Updates in Clark County, Nevada

The Southern Nevada Health District is considering updates to septic system regulations that could significantly impact approximately 17,000 homes in Clark County currently relying on private septic systems. The proposed changes aim to modernize inspection, permitting, and maintenance standards, which have not been comprehensively revised since 2009. A primary goal of these updates is to protect drinking water and groundwater from contaminants, such as nitrates, which can leak into the water table from aging systems.

One of the most contentious aspects of the proposed regulations is the potential requirement for certain rural homes to connect to city sewer lines if they are available nearby. This mandate is viewed by many residents as a substantial financial burden. Homeowner Kara Walker expressed concerns about the cost, stating that connecting to the sewer could cost upwards of $100,000. Residents have pushed back against these plans, arguing that such expenses are unnecessary and contradict the independent lifestyle they sought by living in rural areas. The debate highlights the tension between public health objectives and the financial implications for individual property owners.

FHA Well and Septic Guidelines

For prospective homebuyers and those seeking FHA-insured mortgages, adherence to specific well and septic guidelines is mandatory. The Federal Housing Administration (FHA) and the Department of Housing and Urban Development (HUD) require that all properties be connected to public water and sewer systems whenever possible. However, private wells and septic systems are acceptable if the cost of connecting to public systems is deemed excessive. Generally, if the cost exceeds 3% of the property value, the connection requirement may be waived.

When private systems are used, strict distance requirements must be met. While FHA will accept state or local distance requirements, they must not be less than the following HUD standards: * Well to Septic Tank: Minimum of 50 feet. * Well to Drainfield: Minimum of 100 feet. * Well to Property Line: Minimum of 10 feet (for anything other than a single-family home, the minimum is 10 feet from the roadway or property line).

The FHA Waiver Process

If a property does not meet the standard distance requirements, a waiver is required to secure FHA insurance. The underwriter has the option to not enforce the condition to hook up to public water/sewer systems if costs are excessive. To obtain a waiver, specific documentation must be submitted:

Inability to Connect: Documentation from the local authority confirming the property cannot connect to public or community water/sewer systems, or that connection costs are reasonable (3% or less of property value).
Professional Sketch: A surveyor's sketch showing the exact locations of the well, septic tank, and drainfield, specifying actual distances between components and property lines.
Well Testing: Results of a well test conducted in accordance with Mortgagee Letter 95-34, which includes testing for lead, nitrate, nitrite, total nitrate/nitrite, total coliforms, and fecal coliforms or E. coli. If coliforms are present, documentation of correction is required.
Local Authority Approval: Evidence that the well and separation distances comply with local codes, or a waiver granted by the local authority if requirements are not met.
System Functionality: Evidence that the system is working properly and there is sufficient space for repair and maintenance.
Holds Harmless Agreement: A signed letter from the borrower acknowledging the property does not meet current FHA/HUD regulations and accepting the waiver to obtain insurance.

Appraisers are no longer required to fully document the locations of well and septic systems, but each case must be reviewed on its own merits to ensure compliance with local, state, and health authority guidelines.

Impact of Bedroom Count on Septic System Sizing

In Suffolk County, New York, regulations implemented as of July 1, 2021, require the installation of Innovative/Advanced Onsite Wastewater Treatment Systems (I/A OWTS) for most residential construction projects. The determination of whether a project requires an upgrade to an I/A OWTS often depends on the comparison of previously approved bedroom counts versus the proposed count.

As the number of bedrooms increases, the volume of wastewater the system must treat also increases, directly impacting the required size of the I/A OWTS. Specifically, the leaching area required increases with each bedroom, potentially necessitating additional leaching structures. This effect can be exacerbated by high groundwater conditions, which may require shallow leaching structures.

The increased size of the septic system footprint has several implications for homeowners and builders: * Increased soil disturbance and clearing. * Less available room for accessory structures and pools. * Increased restrictions on plantings. * Greater difficulty in blending the system within the landscape plan.

Understanding the Suffolk County Department of Health Services (SCDHS) bedroom counting methodology is instrumental in determining project requirements and potential costs.

Safety Concerns and Legal Implications

A tragic incident in New Jersey underscores the critical importance of septic tank safety. The parents of a three-year-old girl, Emma Davidson, are suing Sun Outdoors Campground after she died from a fall into an unsecured septic tank. The lawsuit alleges that the campground had a "repeated pattern and practice of not securing" or locking down septic tank lids.

According to the lawsuit, this was not an isolated incident. Other visitors had reportedly nearly fallen into tanks at the same facility, and pets of visitors had actually fallen into unsecured tanks in the past. The suit also mentions a similar incident at another camp property owned by Sun Outdoors in nearby Dennis Township. The state Department of Environmental Protection is also listed as a defendant in the case. This event serves as a stark reminder of the physical dangers associated with improperly maintained septic infrastructure.

Technical Considerations for Well and Septic Installation

Technical discussions regarding well and septic systems often involve specific material and sizing choices to ensure efficiency and longevity. For example, when connecting a home to a well pump located 300 feet away, pipe sizing is a critical factor.

1-inch pipe: At a flow rate of 10 gallons per minute (gpm), a 300-foot run of 1-inch plastic pipe can result in approximately 17.5 to 18 psi friction loss. If the pump pressure is set at 40-60 psi, the pressure at the home could drop to approximately 23-43 psi when multiple fixtures are in use.
1.25-inch pipe: The same flow rate through a 1.25-inch pipe results in significantly less friction loss, around 4.5 to 5 psi, providing more consistent water pressure.

For pipe material, Schedule 40 PVC is commonly used in some regions (e.g., Florida), while poly pipe is used in others. If using poly pipe, it is recommended to ensure it is rated for at least 160 psi to ensure durability.

Conclusion

The provided documentation offers a focused look at the complexities surrounding septic systems and well water in the United States. Regulatory bodies, such as the Southern Nevada Health District and Suffolk County Department of Health Services, are implementing updates to protect water quality and public health, though these changes can impose significant costs on property owners. For those navigating the real estate market, FHA guidelines provide a structured path for financing properties with private wells and septic systems, provided specific distance requirements are met or a comprehensive waiver process is completed. Finally, the tragic lawsuit in New Jersey highlights the non-negotiable importance of securing septic tank lids to prevent avoidable accidents and fatalities. These diverse perspectives illustrate the technical, financial, and safety considerations inherent in managing wastewater and water supply for residential properties.