Search Site
Menu
Septic System Maintenance

March 21, 2002

Septic Systems: What Goes Down Can Come Up

By Stuart Lieberman, Esq
Realty Times

Many Americans rely on septic systems for sanitary waste treatment. Public sanitary systems are simply not available everywhere, which leaves homeowners with few options: a septic system being the most common.

The benefit of a septic system is that homeowners need not pay monthly fees for wastewater treatment. The downside is that you are on your own: if your system fails, you need to promptly fix it. Unless, that is, you live very close to a local diner or gas station.

When systems fail, they can become a real pain to your senses. Waste that should be in the ground can start to float up. The ground can take on a spongy appearance. In real bad cases, waste becomes visually apparent. And of course the smell is horrible.

Failing systems can do more than simply attack one’s senses. They can also make people and wildlife, and in general our environment, ill. Nearby drinking water supplies risk contamination, which can result in all kinds of sickness. Streams and other nearby surface water can become polluted, altering the water chemistry and affecting aquatic vegetation and marine species.

Sometimes there are large scale failures. For example, some subdivisions have contained homes with defectively constructed systems that were all built at the same time. Consequently, they all started to fail at the same time. Large scale failures have created public health hazards warranting emergency measures. If you own a septic system, it is your moral and legal obligation to maintain it in working order. Regular maintenance, including pumpouts, must be adhered to . If you suspect a problem, you cannot ignore it and hope it will go away. It will probably just become worse.

In January 1998, the Natural Resources Defense Council issued a report that analyzed municipal pollution prevention practices concerning, among other things, septic system management. The report found that very few municipalities have adequate septic management programs and recommended the creation of “septic utilities.”

According to the NRDC, septic utilities can be created in any local government and can finance septic management by collecting dedicated fees. As the NRDC sees it: “The advantages of a septic utility are that it can inspect septic systems regularly, arrange for pumpouts on an appropriate schedule, arrange for repairs of failing systems, collect fees from septic system owners to cover the cost of these services, and establish and enforce any other necessary septic systems regulations.”

While I hate bigger government, I agree with the NRDC’s suggestion that municipalities and other local governments consider the creation of septic utilities. They will help ensure that the job gets done. Systems will be regularly inspected and maintained and we will all be better off.

People connected to public sewers pay a small monthly fee to ensure that their waste is safely treated. Why not charge a small fee to ensure that all septic systems are maintained in safe, functioning order? This makes a lot of sense and I think the NRDC has the right idea.

Our Attorneys

Recent Twitter Posts

  • New Jersey Legislature Passes National Precedent Setting Environmental Justice Bill. https://t.co/P8ybU2UrtD
    2 months ago
  • New Jersey files 12 new environmental justice lawsuits. https://t.co/jYo1yCwTOa
    2 months ago
  • Plans Underway for Building Offshore Wind Farms Along the New Jersey Coast. https://t.co/S4CDX5DMS0
    3 months ago
  • Energy companies cancel construction of Atlantic Coast Pipeline. https://t.co/aDYHr4nhal
    4 months ago

Recent Blog Posts

Lead Exposure and Frivolous Litigation

Owners of older residential properties are likely familiar with the legal requirement to provide warnings concerning the existence of lead. Lead exposure, particularly amongst children, can result in severe, even
Read More
Lead Exposure and Frivolous Litigation

New Jersey Supreme Court rules the PLA does not preempt CFA claims by consumers

Now more than ever, consumer protection is important. As a result of the Covid-19 pandemic, we see new products on our shelves, promising safe disinfection for hands and surfaces as
Read More
New Jersey Supreme Court rules the PLA does not preempt CFA claims by consumers

Notices and Appellate Review of a CAFRA Permit

In JSTAR, LLC v. New Jersey Department of Environmental Protection, et al., Docket No. A-1745-18T1, the Appellate Division in an unpublished decision revisited the issues of notice and a review
Read More
Notices and Appellate Review of a CAFRA Permit

Preemption Isn’t Always the Answer: The Superior Court of New Jersey, Camden County Law Division highlights the necessary harmony between State legislation and municipal land use ordinances

On November 20, 2019, the Superior Court of New Jersey, Camden County Law Division, issued an opinion in the matter captioned Lakeview Memorial Park Association v. Burlington County Construction Board
Read More
Preemption Isn’t Always the Answer: The Superior Court of New Jersey, Camden County Law Division highlights the necessary harmony between State legislation and municipal land use ordinances

In the media

  • Gulf Coast Town Center facing foreclosure

    Naples Daily News, September 16, 2015

    Wells Fargo filed a lawsuit Sept. 8 against an affiliate of CBL & Associates, the owners of the decadeold, 1.2 million-square-foot mall in south Fort Myers for a $190.9 million unpaid loan. The center has 94 stores on 204 acres, with such anchors as Super Target, Belk, Best Buy, Dick’s Sporting Goods, Marshalls and Costco...

    Read More
  • Town liable for private company's leaking underground tanks, court rules

    NJ.com Jul 26, 2017

    CRANFORD -- A couple that owned a businesses in town and became sick from leaking underground tanks owned by an adjacent business can sue the township for damages because the tanks were partially ...

    Read More
  • Dark Waters: How a Class Action Catapulted NJ to Forefront of 'Forever Chemicals' Battle

    NJ Law Journal Jan 09, 2020

    As property owners become increasingly aware of PFAS contamination, and as individuals exposed to PFAS learn of the health risks associated with exposure, liability will likely affect entire supply chains.

    Read More
  1. 1
  2. 2
  3. 3
  4. 4
  5. 5
Contact Our Firm

Quick Contact Form