New law aims to improve rural Iowa

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A new law that goes into effect July 1 may cost rural homeowners thousands.

Owners that have private septic tanks on their property are now required to have a septic tank inspection before selling their house, as stated by the new law, which passed the Iowa Legislature in April 2008, according to Allan Mathias, director of environmental health in Clarke County.

Before the law passed, 21 counties had ordinances requiring time of transfer inspections, now all counties in Iowa will be required to follow this procedure.

The new law will ensure that homes being sold have a secondary treatment system like a distribution box or sand filter. Those that fail or do not have the required system will have to be renovated before the deed can be recorded.

The renovation could mean thousands of dollars depending on what needs to be updated. If there is no secondary treatment system at all, the cost could run from $6,000 on up, said Mathias.

Factors determining the cost include: the layout of the area, type of system, and how much the contractor charges.

The fees for inspection have not been set, but Mathias said the county has set a tentative fee of $250.

If a new system is required, the owner will also need a permit, which will cost $170.

Mathias said there is a low-interest loan from Department of National Resources (DNR) to help with costs.

At the time of inspection, the septic tank will be pumped out and inspected unless it was inspected within the past three years.

Inspections must be done by a state certified inspector from any county and are valid for up to two years. Currently there are 207 people certified in Iowa.

According to DNR, records of the inspection must be given to the county recorder, county environmental health staff and DNR.

The new law will eliminate sewage discharge to places such as ditches or abandoned wells. This discharge has been illegal for many years, but is still a problem in rural Iowa and could cause disease and affect groundwater, said Mathias.

“The theory of the law is to improve the quality of life and water,” he said.

Mathias said he has had a lot of calls about the new law from lawyers, real estate agents and homeowners.

“This law will take a little bit to get used to,” Mathias said. “Right now, we are just trying to get the word out to everyone. There has been a lot of confusion.”

The majority of calls come from homeowners hoping to sell their home before the law goes into effect. Mathias said septic tanks will not need to be inspected if the documents are dated before July 1.

Inspections also do not need to be completed if the home is transferred as a result of foreclosure, forfeiture of real estate or eminent domain.

Information about the requirements for inspections can be found within Chapter 69, Private Sewage Disposal Systems.