Apartment Structure Allowed To Use Existing Septic System

Recent discussions with the deputy director of the Tennessee Department of Environment and Conservation ground water protection (GWP) division and an agency spokesman confirm that from GWP’s viewpoint Eagleville Councilman M.A. Smitty can connect his apartment complex under construction to his existing home septic system.

This is the case, not because GWP has regulations allowing such a connection, but rather that Smitty’s proposal to make such a connection falls outside of GWP’s authority.

"Mr. Smitty has not approached us with respect to applying for a permit to support a new structure," Britton Dotson, GWP’s deputy director, said. "What he has done is proposed to build a structure and use an existing septic system, which steps away for what our regulatory authority encompasses."

GWP has the authority through statute to approve the division of property and the installation of septic systems, TDEC spokesman Tammy Heise said.

"The division, however, does not have the authority to deny a property owner the right to use an existing system located on his or her property, regardless of the existing or proposed structure it will serve," Heise said.

GWP deals with applications for new septic systems and with failed existing septic systems. The division also acquires technical information from tests and observations which can be used by local authorities to make decisions on issuing building permits and utilization of existing systems.

To date, a soil scientist’s study determined that Smitty’s property has no soil sufficient to support a septic system modification or repair nor a new septic system.

Also, an environmental specialist noted in a field activity report that Smitty’s existing home system appears inadequate to support a five-bedroom house as described by Smitty.

A dye test, however, done over a week’s period showed no evidence of dye in a creek adjacent to Smitty’s property.

From GWP’s viewpoint, Smitty can utilize his home septic system for his new apartment complex because the dye testing did not indicate a system failure.

Any regulation of this activity or any designation of how many apartments can be connected to the system would be the responsibility of local authorities, who can rely on the technical information provided by GWP.

According to Heise, GWP cannot determine whether or not an existing system is adequate to handle a specific capacity only that a functioning septic tank and field lines are in place.

"In Mr. Smitty’s case, GWP has confirmed that a functioning septic system is located on the property," Heise said. "We will continue to monitor Mr. Smitty’s property and will take appropriate action if his septic system should fail."

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