North Carolina law prohibits the discharging of wastewater from homes or businesses directly into the ground (usually into a ditch or stream). The Real Estate Commission revised its Residential Property Disclosure Statement effective July 1 to address this practice, known as "straight-piping."
By Janet B. Thoren, Deputy Legal Counsel
Under the rules of the North Carolina Environmental Management Commission, "any person owning or controlling a residence, place of business, or place of public assembly containing water-using fixtures connected to a water supply source shall discharge all wastewater directly to an approved wastewater system for that specific use." Private wastewater treatment and disposal systems must be approved and permitted by an authorized Environmental Health Specialist from the local county health department or health district in which the property is located.
Wastewater includes "grey water" from sinks, showers, or washing machine drains, and "black water" from toilets. Nutrients in wastewater nourish algae that deplete oxygen in our streams, rivers and lakes and produce high levels of toxins which cause fish and other aquatic animals to die en masse. Wastewater may contain disease-causing bacteria and viruses that are harmful to humans as well as animals. Because of this potential for health risks, North Carolina law requires that all wastewater (grey or black) receive primary treatment by means of a septic tank or a sewage treatment plant.
In 1995, Governor Hunt created the Year of the Mountains Commission to assess issues affecting North Carolina's western mountain communities. The Commission's recommendations included a request for the state Department of Environment and Natural Resources (DENR) to address the issue of "straight-piping" and to aggressively pursue a state-wide program to eliminate the practice. Although the problem seems to be most prominent in the mountainous areas, it also is prevalent in low-income rural communities across the state.
With strong urging from Governor Hunt, the North Carolina General Assembly in 1996 directed DENR to establish the Wastewater Discharge Elimination (WaDE) Program to identify and eliminate straight-pipes and failing septic systems that spill into the state's waterways.
The legislature provided an annual appropriation of $117,500 to DENR to carry out WaDE - which is the first such program in the nation. Placed under the Department of Environment and Natural Resources and headquartered in Asheville, the WaDE Program conducts door-to-door surveys to locate straight-pipes, seeks funding assistance for low income households and educates the public about the straight-pipe situation.
There are three focal points for WaDE:
Although the amnesty period has ended, the WaDE program now follows a self-reporting policy drafted by DENR. Similar to an amnesty program, the policy allows home and business owners to report their own wastewater discharge violations without fear of legal consequences - as long as the violators continue to work towards getting a permit and installing a proper system. Owners who report themselves will be referred to the local Environmental Health Section of their county health department for applications for improvement permits. WaDE encourages county Environmental Health Sections to waive repair permit fees in these cases, provides health departments with a list of funding sources, and helps coordinate community-wide initiatives to reduce the cost of repairs. Grants and low-interest loans are available through governmental agencies and other funding sources.
In 1999, the Governor asked that the budget for WaDE be increased, and a House Bill currently being studied in committee addresses the issue. If passed, the bill will appropriate 2.1 million dollars for three years to provide grants and loan programs to eliminate straight-piping, make site repairs, and provide additional staff positions in the Asheville office of DENR. The bill also requests an extension of the amnesty policy for self-reporting violators.
It is estimated that close to 200,000 households in North Carolina are currently straight-piping wastewater on a daily basis. A conservative estimate of 100 gallons of wastewater per day for an average household would mean that 2,000,000 gallons of wastewater are being discharged into streams and onto land across the state each day! Many of these homes are sold without the buyer or the lending institution having knowledge that they are investing in an illegal system.
Madison County has taken the lead in eliminating straight-piping by surveying every building in the county not connected to a municipal system. By September, 1999, 945 noncompliant systems had been identified.
Most people identified in Madison County knew they had problems but had no idea how to correct them. Some people thought they were on septic systems but later learned they had purchased property with straight-piping. By the end of this year, Madison County hopes to have replaced 130 straight-pipe systems.
The Real Estate Commission periodically investigates complaints which allege that licensees have falsely advertised properties as being on either city sewer or private septic systems when, in fact, wastewater from the residence has been "straight- piped." In one such complaint, the complainants observed that a hole in their yard contained the water that had been used to wash their dishes after breakfast that morning.
How did the complainants know that it was the morning dishwater? Floating on top of the gray water were the leftover "Cheerios"® which the complainants had poured down the kitchen drain! Although the local health department recommends using a dye test, they confirmed with the Commission's investigator for the case that the "Cheerio test" would work just as well!
Effective July 1, 2000, the Real Estate Commission revised its Residential Property Disclosure Statement to include a space for owners to indicate whether sewage is disposed of through a straight-pipe system. The Statement includes a notation putting both buyers and sellers on notice that the use of such a system is in violation of state law. [The revised Residential Property Disclosure Statement is printed in this Bulletin. You may request a single copy of the Statement by completing the "Publications Order Form.]
The Real Estate Commission reminds licensees that the existence of a straight-pipe system is a material fact which must be disclosed. The discovery of any straight-pipe situation should be reported immediately to all the parties in the transaction and should be resolved prior to closing. As a real estate agent, you should be aware of the potential for straight-piping situations and advise your clients accordingly.
For further information about straight pipes, failing septic systems and initiatives of the WaDE program, call 1-800-9-SEWAGE (1-800-973-9243) in Raleigh.