Septic law faces opposition, proposal puts inspection onus on seller

YORK, Maine Many residents and real estate agents remain opposed to a new septic ordinance that would require property owners to have an inspection done at the time of property sale or transfer.

The biggest question raised during a public hearing this week is why the ordinance places the burden of inspection on the seller, when buyers are already getting these inspections done and would likely continue to do so, even if the seller has one done.

Lew Stowe, chairman of a subcommittee of the Planning Board studying the issue, said the reason is for the town to be informed.

"The key to it," Stowe said, "there is a requirement on the seller to have it done and report it to the town. If the buyer does it, there is no obligation to report it to the town ... and (the buyer) can't be made to do it. He doesn't own the house, he doesn't have to report it."

The town's Community Development Department brought forward the ordinance to root out failed septic systems for cleaner water and to meet federal storm water guidelines being enacted in town under the Municipal Separate Stormwater Sewer System, or MS4.

The subcommittee has been working on the ordinance since January, when many of the same real estate brokers and residents who turned out on Monday voiced similar concerns.

The ordinance was modeled after Title 5 in Massachusetts, according to Community Development Director Steve Burns.

While York Stormwater Manager Leslie Hinz estimated the cost of a professional septic inspection at $300, others argued that was low.

Bob Harris of York said he sold a house in Massachusetts in 1996 and the septic inspection then cost him $1,000.

Real estate broker Greg Gosselin said, "There are some things in Massachusetts that should stay in Massachusetts."

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Septic law faces opposition, proposal puts inspection onus on seller