Dwelling houses not connected to a sewer system use septic systems or cesspools, both of which are regulated by the state department of Environmental Protection (DEP) and local boards of health.

A septic system has a tank, a distribution box, and a soil absorption system commonly known as a leaching field. A cesspool has a pipe carrying waste from the home to a pit which distributes liquid waste. Improperly functioning septic systems and cesspools cause pollution of coastal waters, rivers and water supplies.

Since1995, the state environmental code governing septic systems, commonly known as "Title 5 Regulations," has required inspections of septic systems and cesspools prior to a dwelling house being sold or enlarged (310 CMR 15.00). This inspection also includes a soil evaluation test which must be performed by a DEP-approved soil evaluator. In most instances systems that fail inspection must be repaired within two years.

Because compliance with Title 5 is complex and potentially lengthly and costly, home buyers, home sellers and real estate brokers should familiarize themselves with the program's general requirements. An excellent starting point is the DEP website which includes "Title 5 Q & A: General Information" The web address is www.state.ma.us/dep/brp/files/generlqa.htm.

Another resource is the Title 5 Pathfinder whose web address is www.lablib.state.ma.us/title5.html.