Relatively speaking, it has only been recently that states have begun addressing septic systems (many still aren't).

Although record keeping is spotty at best, approximately 28% of the homes in this country use some type of on-site system and the number is going up by 500,000+ every year.  Unfortunately a large portion of them (even new ones) are not up to code and a potential source of pollution.    

Up until the 1970’s the common method of installing a system was to dig them deep to avoid direct contact with humans.  What no one realized at the time was many of these systems were so deep that they were often discharging untreated waste directly into the underground water tables and these water tables are what supply the lakes, rivers and oceans.    

As the state water agencies realized this engineering error they began outlawing the use of these deep systems in favor of shallow systems (which they found actually treated wastewater better than a multimillion dollar treatment facility).  But there were a few problems with how this problem was dealt with:

• Not all states considered this an important issue and put it on the back burner.  In fact many states are still treating this as a low-level problem which further confuses the situation.  For example; if you are going to sell your home in a few states/counties you must bring the septic system up to current code before you can transfer the property.  Yet move across the state/county line there may be no such requirement and you could find out shortly after moving in that the septic system is failing and does not meet today’s codes, and as the new owner you will be responsible to pay for that new system. 

• Something very few bothered to address was when the codes changed it technically made those deep systems illegal.  However many (including health depts.) have operated under the assumption that these older systems were grandfathered in and they would never need to be upgraded.  In fact most of these officials are shocked to learn that other states and counties are now mandating up-grades. 

• Research has brought septic systems to a new level of sophistication, yet many states are not aware of these design and material improvements and are still using outdated methods.

• Conversely some states have now put so many restrictions on septic systems that they have driven up the costs to $20,000, $30,000 even $40,000.  Being a cost effective ($5,000 to $15,000) solution is one of the benefits of using a septic system, however at these costs it is on par with a centralized treatment facility. 

What makes this even more difficult is the fact that the septic industry is the most fragmented of all the building trades.  Electricians, plumbers, carpenters and masons have national codes and standards they must follow, but when it comes to septic systems it is up to each state, even county to decide what the requirements will be and how they will be enacted.  And because of this lack of consistency fixing the problem is going to be a major nightmare.