Residential Septic Systems
In the northwest quadrant of Santa Fe County, along Camino La Tierra toward Tano Road, many luxury homes have septic systems instead of sewer systems and homebuyers who are new to the area may need to navigate issues that are new to them.
Many homes in this unique area have septic systems rather than connections to a municipal sewer system. In New Mexico, state law requires sellers to provide a septic system inspection and cleaning within 180 days of closing. This inspection gives buyers, particularly those who are unfamiliar with septic systems, a clearer understanding of whether the system is functioning properly, is appropriately sized, and complies with the conditions of its septic permit.
If buyers discover deficiencies during their inspection period, they can ask the seller to address them. Sellers are not obligated to provide a remedy, although they often do. If a seller declines, the buyer must decide whether to proceed with the purchase and address the issues themselves or terminate the purchase agreement.
In other words, the septic system does not necessarily have to pass inspection before the sale closes. Rather, it must be inspected by a state-approved inspector who is required to report the results to the New Mexico Environment Department (NMED). If NMED identifies a failed system, the agency may contact the new homeowner to explain the need for corrective action and the potential consequences of failing to address the problem.
A properly functioning septic system requires periodic pumping. If the tank is not pumped as needed, solids can accumulate and potentially cause the system to malfunction or allow waste to escape into the surrounding area. Under normal operating conditions, the tank retains solids while liquid effluent flows into a leach field. Periodic pumping removes accumulated solids. Some homeowners follow a regular pumping schedule, and many homeowners associations (HOAs) recommend or require pumping every two years.
A septic system consists of a tank and a leach field, which is typically located near the tank. The leach field allows liquid effluent to drain into the soil, where it is naturally filtered. Both components must be sized according to the number of bedrooms in the home. Consequently, adding bedrooms may require upgrading the existing septic system or installing an additional system. However, an exception may apply when adding one bedroom beyond the number for which the system was originally designed.
Routine maintenance may include using a root-control product when trees are located near the septic system and roots could pose a problem. Beyond periodic pumping and appropriate care, most properly functioning systems require relatively little routine maintenance.
Septic systems must also be located at appropriate distances from wells and bodies of water, such as streams, ponds, and lakes. In many cases, a minimum separation of 100 feet is required, although the applicable distance depends on state and local regulations and site conditions. Septic systems also generally must not be located uphill from a well, where groundwater contamination could become a concern.