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Advisory Committee Materials | Planning Commission | Board of Adjustment Files | Floodplain Maps
Septic Systems
Disclosure at Time of Sale
The latest version of the State Law (ISTS Act of 1994) clarifies that the written disclosure between the seller and buyer includes not only the sale of property but also applies to any type or title transfer. It is generally accepted that disclosures were not providing the new owners with an accurate appraisal of the septic systems status. This was due partially to the fact that owners did not have the correct information or understood the law’s requirements. The State law does not required compliance inspections but Blue Earth County and surrounding counties include this provision in local ordinances. The Compliance Inspection, performed by a private licensed State licensed contractor and presented to the buyer, will meet the State Disclosure Requirement.
Compliance Inspections
Compliance Inspections completed on sewage systems that were contracted prior to April 1996 remain valid for three years. Compliance inspection completed for new system s constructed after April 1996 remain valid for five years. Therefore, a new inspection is not required even if the property title transfers more than once during these respective time periods. A copy of the inspection report should be submitted to the County Recorder at the time of recording along with the required well disclosure statements. The private contractors are required to forward copies of all inspection reports to the Environmental Services.
The inspection report will state that the system is either: (a) in compliance or (b) failing, in which case the report then becomes a notice of compliance. The rule defines two types of failing systems: (a) Imminent Health Threat and (b) Non Imminent Health Threat. Imminent Health Threat systems include direct discards to surface water or ground water, backups of sewage into the home, connection to field tiles or similar situation. These types of systems must be upgraded to meet current code requirements within ten months of the date of notice. The Non Imminent Health Threat systems, those septic tanks and legitimate grain fields but which don’t meet the current technical standards, have up to five years to be upgraded. The county will be following up on these notices to gain compliance with this requirement.
While the County wants the Imminent Health Threat systems upgrade as soon as possible, the property sale or title transfer may be completed without the system being fixed. The 10 months is provided to allow adequate time for construction during favorable weather conditions.
The intent of the compliance inspection is to ensure that the buyer is notified of the status of the septic system so they can make an informed decision concerning the purchase of the property.
