Public Comments for: HB1178 - Authorized septic system inspectors; scope of services and requirements.
As an Operator and Licensed inspector in both NC and VA, this absolutely concerns me. I was able to see the differences between non standardized septic inspection practices vs standardized first hand before the July legislation. Homebuyers in VA have already suffered tremendously in the past due to unregulated practices, I’ve been to many systems 2-3 weeks after new buyers have moved in and had to break the news that the system was in less than perfect shape. Some were lucky with less expensive repairs while others only options were complete replacement. With the lack of proper septic education, the average real estate agent, buyer, seller, or human being does not know what a comprehensive inspection looks like. They don’t understand the consequences of leaking tanks, prehistoric outlet tees, blocked distribution box headers, leaking toilets, cast iron pipe vs Sch 40 PVC. They don’t understand that a hydraulic load test, dye test, walk over, visual, average pumping, etc are NOT efficient inspection methods and will not yield proper results. Basic knowledge to most individuals is that if it flushes its working, that unfortunately is never the case. The July legislation gave power to buyers by creating a specific process for all professionals to abide by that yields actual comprehensive results. The wording in this document not only slaps a blind fold on buyers, it puts them at risk for harsh financial consequences. It’s basically asking professionals to give the least amount of info possible, using methods that are not efficient In order to check off the inspection and move to closing. The only reason this is being proposed is because septic inspections have the ability to road block closings. Negative inspection Results also give buyers the ability to walk after a home is under contract. There are numerous ways to resolve this issue without dumbing down inspection standards and completely blindfolding buyers & financial institutions. If the septic tank has never been cleaned, proper maintenance has never been performed, or if the location is unknown all together, Call a professional before the last 30 days. Find issues ahead of time, have them repaired, and then proper inspections won’t be the problem that slows closings. My biggest issue is the lack of education that went into this and the financial deficits, environmental damage, public safety risks, and more that will be direct results of it. Streamlining closings by utilizing inspection results that were preformed with ineffective methods is completely unacceptable, dishonest, and unlawful. Virginians deserve proper inspection practices that yield efficient results to maintain environmental & public safety. After purchasing a home, They don’t deserve to have to deal with an unexpected financial crisis or hazardous living conditions due to unstandardized, inefficient, septic inspections practices. Our Va residents deserved better, that’s why the July legislation passed. This bills wording strips them of what they deserve. At the end of the day, Public Safety should come before Paychecks. Thank you!
As a homeowner with a septic system in Virginia and a professional in the onsite industry for 20 years, it worries me that if HB1178 is passed a homeowner could be purchasing a new home with a less than complete septic inspection. A septic system is potentially the most expensive "appliance" someone can own. With a less than complete inspection homeowners are unknowingly purchasing something that may be headed toward costly repairs. I have witnessed it many times where a homeowner purchases a new home and shortly thereafter is having to purchase a new septic system and asking why. With the existing inspection regulation the owners will know why and can prepare for future repairs or negotiate in the initial purchase of the home, instead of being blindsided too soon after moving in. Please consider denying this bill and help home buyers in Virginia. Thank You
I just don’t get why we want to go backwards. Just in the short time we have been doing the new inspection we have found so many issues. With the new proposals these issues would not have been found. This leaving a new home buyer with major issues in the near future. Not only affecting them but also affecting our environment. We have so many rules about new installations we have to abide by but than you want to turn a blind eye to this. The types of testing/inspections being recommended is more of just a maintenance check. Get down to the truth of it. Some realtors don’t like it because it could hold up the sell or they might need to renegotiate. Making it a longer process. All a while they are suppose to be out for the best interest of their customers. I would say out of all the inspections we have done since July 2025 90% have some type of major issues that have been found. So yes this is a major problem that we don’t need to avoid or minimize. I wished it was mandatory just like a home inspection. Please do not vote for this to pass. Our environment and our citizens deserve the best. We have made great strides let’s not go backwards. I oppose the new changes.
HB 1178 reverses the progress made on Septic Inspections and jeopardizes the legitimacy of all point of sale septic inspections in the state of VA. This bill allows septic inspections to be rubber stamped and home sales to be pushed through at the expense of the home buyer. The wording of this bill prioritizes the commission of a realtor over the protection of the home buyer. This bill hurts home buyers who are not advised about needed repairs by allowing bare minimum tests to be called inspections. This bill allows septic inspectors to return to the old way of rubber stamping septic inspections. When a home buyer requests a septic inspection they are trusting that the inspector is looking over the entire system and checking it for potential issues. The following passage is very troubling; it makes it lawful for septic professionals to essentially scam home buyers. " and may include one or more of the following: flow testing, dye testing, camera scoping, inspection of readily accessible system components, sludge or scum measurement, hydraulic load testing, interior inspection of the septic tank, and excavation." One of these tests should be in no way considered a septic inspection and would destroy the legitimacy of inspections in VA. A sludge level inspection, dye test, camera scope, or hydraulic load test have never been an appropriate inspection. Each of these are simply tests that should be included in a thorough inspection but never considered a full inspection on there own. By allowing less thorough inspections the law makers of VA are putting the need to quickly process home sales over the need for proper functioning septic systems and clean drinking water in VA. This bill appears to have been written without any consideration of the importance of clean water in VA or the impact that proper functioning wastewater systems have on the environment of VA. As a state, we should stand behind strong guidelines on septic systems in an effort to protect our water. Clean water is essential for everyone, this cannot be ignored.
Purchase of real property and homes are the largest financial decisions constituents make. As such, purchasers should be able to make educated decisions regarding their purchase, especially regarding the--infrastructure, i.e., the onsite wastewater system that serves the home Prior to July 1, 2025, a standard of practice for the evaluation of septic systems conducted as part of a refinance or property transfer did not exist in the Commonwealth of Virginia. This type evaluation could consist of anything the evaluator deemed acceptable. Evaluations often consisted of walking through a yard, flushing toilets with dye, or running large volumes of water (hydraulic load testing) into the system. This method of evaluation is akin to performing safety inspections of cars based upon the condition of the paint on the car exterior. The Code of Virginia was modified with and effective date of July 1, 2025, to include standards of practice for septic system evaluations that are conducted as part of a property transfer or refinance. Because of the past lack of an established standard for transfer of property septic system evaluations, real estate agents have little to no knowledge of what the elements of a proper sewage system evaluation are. Real estate agents gain financially from property transfer transactions--it is the agent’s financial interest for no problems with a septic system to be identified. HB1178 introduces inspection methods that are not an acceptable method to determine the health of sewage systems and should not be practiced. These types of evaluations will result in improper findings and may damage the system. The bill removes the standards for transfer of property sewage system evaluations and allows the real estate agents and prospective purchasers, both of whom are the parties that possess the least knowledge of sewage system inspection, operation and function, to decide how the system should be evaluated. The bill will allow uneducated parties to direct licensed professionals on methods, some of which are improper, to evaluate septic systems. Portions of the bill--septic tank pump out and home occupancy--are erroneous and contrary to existing codes. The attached document describes the potential impact and a current case where a constituent has been harmed. If passed, the bill will do more harm than good. Additional parties will be presented with substandard and erroneous information while the real estate agents benefit financially.
As a Virginia constituent and small business owner who works closely with a licensed onsite wastewater professional, I am concerned about proposed changes to Virginia’s septic inspection requirements. Legislation adopted in 2025 established a clear minimum standard for what constitutes a septic inspection. While dye testing, flow testing, and sludge and scum measurements are useful tools, they are meant to supplement—not replace—the minimum inspection standard established by House Bill 2671. As written, this proposal appears to weaken that standard by allowing an inspection to consist of only one limited activity, even though none of these methods alone provides a comprehensive assessment of system condition. Presenting such limited evaluations as a complete inspection may mislead buyers and create a false sense of security about a system that has not been fully evaluated. In addition, discouraging tank access and pumping may prevent inspectors from identifying structural defects that are only visible when a tank is properly opened, increasing the risk that compromised tanks go undetected and creating potential safety hazards. Allowing pass, fail, or graded determinations without clearly defined, uniform criteria further introduces the risk of inconsistent interpretation across the industry. For these reasons, I oppose the bill as written and urge that any changes preserve the minimum inspection standards established in 2025.
I am writing to express my concerns regarding the current language in this bill, specifically as it relates to the deregulation of septic system evaluations. The phrase "one or more" suggests that performing a single test would legally constitute a complete septic inspection. A comprehensive inspection requires a visual assessment of multiple components, often involving cameras or physical excavation. Allowing a dye test, flow test, or sludge measurement to stand alone as an acceptable inspection fails to provide an accurate representation of a system's condition. While this bill may benefit realtors and sellers by streamlining the process and minimizing the likelihood of identifying issues, it offers homebuyers a false sense of security. If a buyer discovers significant defects shortly after closing, they could face severe financial hardship. I do not believe this bill serves the best interests of those who rely on accurate septic system assessments.
I am writing to express concerns regarding House Bill 1178. I work full time in onsite wastewater education and have been directly involved in developing practical, enforceable, and consumer focused regulation across the southeastern United States. We became involved in this issue last year due to a significant number of complaints from both industry professionals and members of the public who have been harmed by poor and misleading inspection practices. House Bill 1178 appears to be an effort to return to inspection methods that the real estate industry was previously led to believe were adequate. These methods were non invasive, inexpensive, and fast. Prior to July 1 of last year, they were often performed by unlicensed individuals, and there was no regulatory definition of what constituted a septic inspection or any meaningful protection for the public. The current inspection framework requires that system components actually be located, observed, and their condition evaluated and reported. This shift is not about creating new problems, but about performing an inspection that reflects what consumers reasonably believe they are purchasing when they are told a septic inspection has been conducted. Dye tests, flow tests, and sludge or scum measurements do not evaluate septic system condition. They do not assess treatment performance, structural integrity, safety, or long term functionality. In many of the complaints, consumers were told they received an inspection only to later learn that no subsurface components were evaluated at all. The inspection consisted solely of running water through the system to see whether effluent surfaced on the ground. Allowing these limited activities to be labeled as inspections is misleading. It would be equivalent to concluding that there are no plumbing problems in a home simply because the sink drains. That is not an inspection. It is a superficial test that fails to evaluate the condition of the system. There is no shortcut to determining septic system condition. Either the system is uncovered, the tank is pumped, and accessible components are evaluated for damage, deterioration, intrusion of roots or groundwater, safety, and functionality, or the public is being sold a test that does not determine any of those things. House Bill 1178 proposes to legitimize these shortcuts without even defining a standardized method. While faster and cheaper to deliver, these practices were never and should never be considered acceptable professional practice in the Commonwealth. For these reasons, I respectfully urge you to oppose House Bill 1178 and to preserve a clear and meaningful definition of a septic inspection that reflects professional practice and protects consumers, public health, and environmental integrity. Thank you for your time and consideration
This bill ONLY protects the convenience realtors in Virginia gave become accustomed to. It does not seek to protect other parties involved in real estate transactions (buyers, sellers, lendors) nor does it protect the public health at large. Testing of sludge and scum levels ia a measurement that shows if a septic system is in need of routine maintenance. Not if it is functioning properly. Dye testing follows the same pattern. The only way to ensure a properly functioning septic system is to physically expose the components of that system and ensure they are in place and functioning properly. PUMPING A SEPTIC TANK IS NOT STRESSFUL FOR THE SEPTIC SYSTEM. This is merely conjecture formed by the Virginia real estate lobbyist to skirt a necessary part of routine inspections. You cannot visually inspect the tank without first removing the contents. This addendum in no way is helpful to the Virginia septic inspection code, nor does it follow the logic of any other item included in the Virginia contract. It is an item, which if it is included, is merely used on the behalf of the Virginia real estate board to side step a necessary action out of convenience to the realtors alone.
Another layer of regulated inspection that is not required. Any DPOR licensed under the onsite wastewater regulations should be authorized to perform system inspections without another layer of clumsy and poorly defined regulatory requirements. Plus these inspections do not address the "heart" of a septic system, the treatment area i.e. soil absorption. The proposed inspections address the "bones", the hardware that can always be replaced. When the soil system fails quite often it cannot be replaced. So you've got a crack in the septic tank or sludge in the d-box. These can be repaired. If I'm' a homeowner I would ask how long the system will last and can it be replaced if it fails. Will I have to go on pump and haul or get a discharge permit. Seem like someone needs another source of income.