SEPTIC SYSTEM FAILURE LAWSUIT - A Defective Septic Inspection and Septic System Failure Litigation Case Study InspectAPedia® -
Review of litigation involving a septic inspection, test, and subsequent septic system failure
Review of improper and inadequate septic system inspection & testing procedures
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This document describes a septic lawsuit: a defective septic test and bad septic inspection led to a lawsuit after property buyers discovered, 24-hours after moving in to their new home, that the septic system was not functional, having a totally blocked septic tank and a completely failed leach field.
The text demonstrates how to prove that a septic inspection and dye test were improperly conducted, failing to have even a chance of protecting the client from the expensive surprise need to completely replace a septic tank and leach field.
Citation of this article by reference to this website and brief quotation for the sole purpose of review are permitted.
Use of this information at other websites, in books or pamphlets for sale is reserved
to the author. Technical review by industry experts has been performed and is ongoing - reviewers welcomed and are listed at "References."
This article is part of our series: Inspecting, Testing, & Maintaining Residential Septic Systems an online book on septic systems.
Septic Failure Lawsuit - Litigation Addresses Inadequate Septic System Inspection & Testing that Failed to Detect a Non-Functional Septic System
Plaintiff's Complaint: Septic Test Was Not Properly Performed
[home inspector's name deleted] performed a septic dye test, erred
by putting water in laundry sink in the basement; ran 125g water, reported
system in satisfactory condition; Buyer later found no proper system installed,
had to install a "trans vac" pump up mound system, for $16,000, total damages
$28,000. Area reported to be known for poor drainage, making mound system requirement
likely.
Our photo (left) shows a laundry drain (photo left foreground) where septic dye tablets (not enough of them) were placed during an improper septic loading and dye test.
In the distance (photo center and right) can be seen the house main drain. It is possible that the washing machine drain does not connect to the distant sewer line. Fixtures emptying into the sewer line, not the washing machine drain, should be used when performing a septic loading and dye test.
Approach to Analysis of the Septic System Test Complaint
ASHI Standards of Practice (exclude requiring Septic test)
Define existing professional standards for performing visual + dye test
Claim basic error made: test in laundry sink - no evidence. connects to septic
Our photograph (left) shows a home made septic tank that is packed with solid waste. It is likely (not certain) that an adequate septic loading and dye test would manifest septic system failure as a backup or breakout during testing of a septic system such as this one.
Assertions Made by the Plaintiff Regarding Inadequate Performance of a Septic Loading and Dye Test - Errors of Omission and Commission
Visual inspection during septic test: Common practice includes visual inspection of yard and interior and plumbing
to address the pertinent questions, + dye, volume of water, reinspection for
breakout. Pertinent questions include attempting to assure that drain used for
test drains into the septic fields.
Proper water quantity during septic test: An error can be inferred if dye and loading water volume were not introduced
into the proper drains. If this is the case, whether or not the proper volume
of water was run is probably moot because the wrong drain was used. The report indicated that insufficient water was used.
Tracer dye quantity during septic test: A septic test procedure error also can be inferred if the inspector did not use sufficient quantity of septic dye to provide color in effluent IF effluent was observed at or near the property ground surfaces. If no effluent appeared during the test, the quantity or concentration of septic dye used is moot. In the litigation discussed here the inspector used septic dye tablets at a level that was inadequate to produce a visible result, had water and septic dye been placed into the proper drain.
Soil characteristics and septic testing: is possible that knowledge of area soil characteristics, age of property,
local building conditions and practices, might have served as a basis for
caution or warning, regardless of whether or not dye was found at the surface.
Such warnings are at the discretion of the inspector.
Questions In Determination of Adequacy of Septic Test Performed
Is there visual evidence in basement of the subject property that the
laundry sink does not or might not drain to same location as main house sewer
line? [Yes-arrangement of piping; height of exit of septic drain above sink]
Does client recall and can testify that dye was introduced only in drywell?
How much water was run?
Over what time? (125 g in 1/2hr is about 4.2 gpm which
is possible from a reasonably strong flow at a single sink faucet. Typically
3-4 gpm for a kitchen sink, or single tub, depending on pump pressure switch
settings, control valve settings, clogged piping, type of pump, etc.)
What type of well and pump equipment are provided? Shallow well, deep well,
submersible pump vs 2-line jet pump?
At what pressure does the pump cut in and
out, what type of holding tank is installed, what is the average water pressure
in the house, what is the measured flow in gpm from the faucet used to perform
the test? only. 125 gals in 1/2 hr is possible and reasonable, but a bit less
than the usual volume of water run for septic tests.
Would a conventional and properly conducted test absolutely, probably,
possibly have revealed a failed system?
what conditions led to discovery of failure (number of occupants, level of
usage, time until failure noted after initial occupancy)?
exactly what equipment was discovered when the old system was excavated?
can one reliably infer from what was discovered that question 3 is
pertinent and that q3 can be answered?
Water was run into laundry drain (photo shown above), nowhere near and no visible connection
to main house drain; photo details strongly suggest laundry drain does not or
may not drain to septic - wrong place to test. No dye was used.
Septic report indicates dye was used etc - in boilerplate. Minimal info.
provided by report
Home inspection report - a checklist form - completely blank plumbing
section - suspect inspector was distracted by something and just forgot this
topic - does not meet ASHI standards for plumbing inspection.
Septic failed immediately on occupancy - probably less than 200g water run.
Subsequent discovery on excavation indicates no functioning septic - sludged
tank, no leach lines except. one pipe, completely root-filled. Strong possibility
that a proper loading and dye test would have failed;
7/3/95 Note to File: arbitrator found for the plaintiff in full, holding that
a proper septic loading and dye test had not been not performed and the protection contracted-for was not provided.
Key in this case was that the plaintiff did not attempt to prove that a properly performed septic test would
definitely have discovered the failed septic system, although given the totally impacted septic tank
a proper test would almost certainly have done so. Rather the plaintiff argued that the contracted-for
protection was not provided. In other words, the plaintiff was denied even the opportunity to possibly discover that the septic system had failed because the "septic test" performed by the inspector was completely incompetent.
SEPTPROB.TXT - Excerpt from DJ Friedman arbitration file
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Additional technical contributors & reference sources for this article are listed below.
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Septic Tank Capacity vs Usage in Daily Gallons of Wastewater Flow, calculating required septic tank size, calculating septic tank volume from size measurements
Septic Tank/Soil-Absorption Systems: How to Operate & Maintain [ copy on file as /septic/Septic_Operation_USDA.pdf ] - , Equipment Tips, U.S. Department of Agriculture, 8271 1302, 7100 Engineering, 2300 Recreation, September 1982, web search 08/28/2010, original source: http://www.fs.fed.us/t-d/pubs/pdfimage/82711302.pdf.
Pennsylvania State Fact Sheets relating to domestic wastewater treatment systems include
Pennsylvania State Wastewater Treatment Fact Sheet SW-161, Septic System Failure: Diagnosis and Treatment
Pennsylvania State Wastewater Treatment Fact Sheet SW-162, The Soil Media and the Percolation Test
Pennsylvania State Wastewater Treatment Fact Sheet SW-l64, Mound Systems for Wastewater Treatment
Pennsylvania State Wastewater Treatment Fact Sheet SW-165, Septic Tank-Soil Absorption Systems
Document Sources used for this web page include but are not limited to: Agricultural Fact Sheet #SW-161 "Septic Tank Pumping," by Paul D. Robillard and
Kelli S. Martin. Penn State College of Agriculture - Cooperative Extension, edited and annotated by
Dan Friedman (Thanks: to Bob Mackey for proofreading the original source material.)
...
Books & Articles on Building & Environmental Inspection, Testing, Diagnosis, & Repair
Our recommended books about building & mechanical systems design, inspection, problem diagnosis, and repair, and about indoor environment and IAQ testing, diagnosis, and cleanup are at the InspectAPedia Bookstore. Also see our Book Reviews - InspectAPedia.
Advanced Onsite Wastewater Systems Technologies, Anish R. Jantrania, Mark A. Gross. Anish Jantrania, Ph.D., P.E., M.B.A., is a Consulting Engineer, in Mechanicsville VA, 804-550-0389
(2006), Advanced Onsite Wastewater Systems Technologies.
Outstanding technical reference especially on alternative septic system design alternatives. Written for designers and engineers, this book is not at all easy going
for homeowners but is a text we recommend for professionals--DF.
AEROBIC SEPTIC SYSTEMS
Builder's Guide to Wells and Septic Systems, Woodson, R. Dodge: $ 24.95; MCGRAW HILL B; TP;
Quoting from Amazon's description: For the homebuilder, one mistake in estimating or installing wells and septic systems can cost thousands of dollars. This comprehensive guide filled with case studies can prevent that. Master plumber R. Dodge Woodson packs this reader-friendly guide with guidance and information, including details on new techniques and materials that can economize and expedite jobs and advice on how to avoid mistakes in both estimating and construction. Chapters cover virtually every aspect of wells and septic systems, including on-site evaluations; site limitations; bidding; soil studies, septic designs, and code-related issues; drilled and dug wells, gravel and pipe, chamber-type, and gravity septic systems; pump stations; common problems with well installation; and remedies for poor septic situations. Woodson also discusses ways to increase profits by avoiding cost overruns.
Country Plumbing: Living with a Septic System, Hartigan, Gerry: $ 9.95; ALAN C HOOD & TP;
Quoting an Amazon reviewer's comment, with which we agree--DF:This book is informative as far as it goes and might be most useful for someone with an older system. But it was written in the early 1980s. A lot has changed since then. In particular, the book doesn't cover any of the newer systems that are used more and more nowadays in some parts of the country -- sand mounds, aeration systems, lagoons, etc.
Design Manuals for Septic Systems
US EPA Onsite Wastewater Treatment Systems Manua [online copy, free] Top Reference: US EPA's Design Manual for Onsite Wastewater Treatment and Disposal, 1980, available from the US EPA, the US GPO Superintendent of Documents (Pueblo CO), and from the National Small Flows Clearinghouse. Original source http://www.epa.gov/ORD/NRMRL/Pubs/625R00008/625R00008.htm Onsite wastewater treatment and disposal systems,
Richard J Otis, published by the US EPA. Although it's more than 20 years old, this book remains a useful reference for septic system designers.
U.S. Environmental Protection Agency, Office of Water Program Operations; Office of Research and Development, Municipal Environmental Research Laboratory; (1980)
"International Private Sewage Disposal Code," 1995, BOCA-708-799-2300, ICBO-310-699-0541, SBCCI 205-591-1853, available from those code associations.
"Manual of Policy, Procedures, and Guidelines for Onsite Sewage Systems," Ontario Reg. 374/81, Part VII of the Environmental
Protection Act (Canada), ISBN 0-7743-7303-2, Ministry of the Environment,135 St. Clair Ave. West, Toronto Ontario M4V 1P5 Canada $24. CDN.
Manual of Septic Tank Practice, US Public Health Service's 1959.
Onsite Wastewater Disposal Books
Onsite Wastewater Disposal, R. J. Perkins;
Quoting from Amazon: This practical book, co-published with the National Environmental Health Association,
describes the step-by-step procedures needed to avoid common pitfalls in septic system technology.
Valuable in matching the septic system to the site-specific conditions, this useful book will help you install a reliable system in
both suitable and difficult environments. Septic tank installers, planners, state and local regulators, civil and sanitary engineers,
consulting engineers, architects, homeowners, academics, and land developers will find this publication valuable.
Onsite Wastewater Treatment Systems, Bennette D. Burks, Mary Margaret Minnis, Hogarth House 1994 - one of the best septic system books around, suffering a bit from small fonts and a weak index. While it contains some material more technical than needed by homeowners, Burks/Minnis book on onsite wastewater treatment systems a very useful reference for both property owners and septic system designers.
Septic Tank/Soil-Absorption Systems: How to Operate & Maintain [ copy on file as /septic/Septic_Operation_USDA.pdf ] - , Equipment Tips, U.S. Department of Agriculture, 8271 1302, 7100 Engineering, 2300 Recreation, September 1982, web search 08/28/2010, original source: http://www.fs.fed.us/t-d/pubs/pdfimage/82711302.pdf
Planting Over Septic System Component", Daniel Friedman (author/editor, InspectAPedia.com), The Innovator, Winter/Spring 2008, BCOSSA, British Columbia OnSite Sewage Association, 201-3542 Blansard St., Victoria BC V8X 1W3 Canada
Septic System Owner's Manual, Lloyd Kahn, Blair Allen, Julie Jones, Shelter Publications, 2000 $14.95 U.S. - easy to understand, well illustrated, one of the best practical references around on septic design basics including some advanced systems; a little short on safety and maintenance. Both new and used (low priced copies are available, and we think the authors are working on an updated edition--DF.
Quoting from one of several Amazon reviews: The basics of septic systems, from underground systems and failures to what the owner can do to promote and maintain a healthy system, is revealed in an excellent guide essential for any who reside on a septic system. Rural residents receive a primer on not only the basics; but how to conduct period inspections and what to do when things go wrong. History also figures into the fine coverage.
Test Pit Preparation for Onsite Sewage Evaluations, State of Oregon Department of Environmental Quality, Portland OR, 800 452-4011. PDF document. We recommend this excellent document that offers detail about soil perc tests, deep hole tests, safety, and septic design. Readers should also see Soil Percolation Tests and for testing an existing septic system, also see Dye Tests
Grass is Always Greener Over the Septic Tank, Bombeck, Erma: $ 5.99; FAWCETT; MM;
This septic system classic whose title helps avoid intimidating readers new to septic systems, is available new or used at very low prices.
It's more entertainment than a serious "how to" book on septic systems design, maintenance, or repair. Not recommended -- DF.
US EPA Onsite Wastewater Treatment Systems Manual Top Reference: US EPA's Design Manual for Onsite Wastewater Treatment and Disposal, 1980, available from the US EPA, the US GPO Superintendent of Documents (Pueblo CO), and from the National Small Flows Clearinghouse. Original source http://www.epa.gov/ORD/NRMRL/Pubs/625R00008/625R00008.htm
Water Wells and Septic Systems Handbook, R. Dodge Woodson. This book is in the upper price range, but is worth the cost for serious septic installers and designers.
Quoting Amazon: Each year, thousands upon thousands of Americans install water wells and septic systems on their properties. But with a maze of codes governing their use along with a host of design requirements that ensure their functionality where can someone turn for comprehensive, one-stop guidance? Enter the Water Wells and Septic Systems Handbook from McGraw-Hill. Written in language any property owner can understand yet detailed enough for professionals and technical students this easy-to-use volume delivers the latest techniques and code requirements for designing, building, rehabilitating, and maintaining private water wells and septic systems. Bolstered by a wealth of informative charts, tables, and illustrations, this book delivers: * Current construction, maintenance, and repair methods
* New International Private Sewage Disposal Code
* Up-to-date standards from the American Water Works Association
Wells and Septic Systems, Alth, Max and Charlet, Rev. by S. Blackwell Duncan, $ 18.95; Tab Books 1992. We have found this text very useful for conventional well and septic systems design and maintenance --DF.
Quoting an Amazon description:Here's all the information you need to build a well or septic system yourself - and save a lot of time, money, and frustration. S. Blackwell Duncan has thoroughly revised and updated this second edition of Wells and Septic Systems to conform to current codes and requirements. He also has expanded this national bestseller to include new material on well and septic installation, water storage and distribution, water treatment, ecological considerations, and septic systems for problem building sites.
The NSFC Products List has an excellent list of design manuals/modules available from their website or by telephone 800-624-8301
Submissions welcome. send us a suggested document link or request an exchange of website links
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