Maine Septic System Inspection Requirements for Shoreland Zone

According the the 2023 Maine Subsurface Wastewater Disposal Rules at least 80% of previously "Certified" Septic inspectors certifications are no longer valid:  "All disposal system inspector certifications issued by the Department prior to July 1, 2022 will expire on June 30, 2023."

 

Thats right, per the rules, over 191 of 238 people on the certified inspector list are no longer certified (as of 2/28/24).  Make sure your inspector has been certified during or after 2023 to ensure that you are getting a legal inspection in the shoreland zone.

 

Overview:

• Inspections needed when property is transferred.
• Exemptions for systems less than 3 years old or inspected within the last 3 years.
• Waiver if new system installed within 1 year by buyer.

 

Responsible Party:

• Buyer hires a “Certified Disposal System Inspector” matching 2023+ standards.

 

When to Inspect:

• Before purchase or within nine months post-closing.

 

Contract Dates:

• Inspection requirements ties to the closing date.

 

Due Diligence:

• No reopening period once due diligence ends.
• Buyer's responsibility; seller need not contribute.

 

Code Compliance:

• Permits and designs verification.
• Well location and conformance verification.
• Malfunctions must be fixed within a year post-closing.
• Inspector reports to the municipality within 60 days; urgent cases within 72 hours to the municipality and the State Subsurface Wastewater Unit.

 

Malfunctioning Criteria:

• Effluent breakout or discharge at the surface.

• Wastewater backup not due to blockage.

• Groundwater or surface water contamination.

 

Law Changes:

• 2020: Expanded to all shoreland zones.
• 2023: New standards for inspectors; report, code, and filing requirements.

 

Roles and Obligations:

• Seller: Renegotiation post-inspection is optional.
• Inspection Window: Up to 9 months post-closing.
• Agents: Inform parties about the inspection process.

 

Managing Liability Risks:

• Connect with certified inspectors.
• Consider proactive inspections for listings.

 

Availble Below: 2023 Certified Inspection Rules and a 2020 Q&A from the Maine Association of Realtors regarding the pre-2023 rules.

 

For inquiries about septic inspection services, feel free to contact FixME LLC through the provided link below.