Septic system, cesspool or dry well

The subject property has, or had, a septic system, cesspool, dry well or other disposal to the ground. The standard lists each as something to look for and gives none of them a class. Whether there is a recognized environmental condition (REC) depends on four things: what went into the system, what uses it served and for how long, where it discharges and whether it can be found, and what evidence of a release exists.

What the answer turns on

What went into the system. A REC needs hazardous substances or petroleum products (E1527-21, 3.2.73), and the standard does not say that sewage is either. Its definition of wastewater takes in water used in an industrial or manufacturing process, and water that conveys sewage (E1527-21, 3.2.97). Its definition of dry wells says they are used for drainage, for storm runoff, to collect spilled liquids and to dispose of wastewater, often illegally (E1527-21, 3.2.23). Establish whether the system took sanitary waste only, or also process water, floor drain flows, wash water or chemicals.
What uses it served, and for how long. The environmental professional considers what releases past uses could have led to (E1527-21, 8.3.1). The standard's appendixes are nonmandatory. For a likely release, Appendix X4 points to operations involving hazardous substances or petroleum products, how long they ran and their period, including times when management practices or regulatory oversight may have been lacking (E1527-21, X4.1). Establish which occupants used the system, and the years before any sewer connection.
Where it discharges, and whether it can be found. The standard defines underground injection as putting fluids into the subsurface, by means that include a well, a sewage drain hole and a subsurface distribution system (E1527-21, 3.2.92). Release has the federal statute's meaning (E1527-21, 3.2.75), and Appendix X1 gives that meaning as including discharging, injecting, leaching and disposing into the environment (E1527-21, X1.1.1). A buried system cannot be seen, and the site visit need not identify what cannot be observed (E1527-21, 9.2.4.1). So its place and its build come from permit records and interviews.
Evidence of a release. Odors, sumps whose liquids are likely hazardous substances or petroleum products, pits, ponds or lagoons, stained soil, stressed vegetation and liquid discharged from the subject property are site visit features (E1527-21, 9.4.13, 9.4.14, 9.4.22, 9.4.23, 9.4.24, 9.4.26). The practice includes no sampling (E1527-21, 7.4). A release that is found is weighed against the de minimis definition (E1527-21, 3.2.20): see staining on pavement or soil.

The records that bear on it

Site visit. The sewage disposal system, drains and sumps, wells including dry wells, injection wells and abandoned wells, and septic systems or cesspools are features the site visit must look for and the report must describe, found or not (E1527-21, 9.4, 9.4.10, 9.4.21, 9.4.27, 9.4.28).
Interviews and documents. Interview questions shall try to cover the same features, current and past (E1527-21, 10.2). Before the site visit the owner, key site manager and user are asked for wastewater and underground injection permits and for registrations of underground injection systems (E1527-21, 10.8.1).
State and local records. These are not standard sources, but the health department is among the standard's examples of sources for additional records (E1527-21, 8.2.4, Table 3). Idaho's agency sends septic permit questions to the public health districts, and says domestic septage does not include material from tanks that receive commercial or industrial waste (Idaho). Georgia permits non-domestic septic system wells under its injection program and sends single family systems to the county health department (Georgia). Tennessee's agency says anyone who discharges industrial or commercial wastewater into a subsurface system is required to submit an injection application (Tennessee).

What the federal rule says

The rule does not mention septic systems or wells. Among what the inquiry must seek to identify:

Waste management and disposal activities that could have caused releases or threatened releases of hazardous substances;

40 CFR 312.20(e)(1)(iii)

For the subject property, the government records to review take in

landfill and other disposal unit location records and permits

40 CFR 312.26(b)(2)

How it is written up

Each feature is described in the report, found or not (E1527-21, 9.4). The system is a finding when the professional judges it may indicate hazardous substances or petroleum products present or likely present at the subject property (E1527-21, 12.5).

Where the professional concludes that hazardous substances or petroleum products went to the ground through the system, or likely did, and are present or likely present at the subject property, the opinion names the system and the grounds: what it received, from which uses, over what years, and the evidence. Unless judged a de minimis condition or a historical REC, the REC is listed in the Conclusions, and the professional should give an opinion on additional investigation (E1527-21, 3.2.20, 3.2.39, 12.7, 12.8).

Where the professional concludes otherwise, the opinion on a finding gives its reasoning on the same four facts (E1527-21, 12.6).

Historical sources for the years the system was in use, or an interview with the key site manager, may be what cannot be had. Required information that good faith efforts could not obtain is a data gap, significant if it affects the ability to identify a REC: named in the Findings with the sources consulted, discussed in the Opinions and listed in the Conclusions (E1527-21, 3.2.19, 3.2.78, 12.5.1, 12.6.2, 12.7).

This page is general reference for environmental professionals. It does not classify any property. ASTM E1527-21 is the standard and is not reproduced here; the judgment of the environmental professional on the facts governs.