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Emptying a septic tank: what does the law say?

2022-06-14T05:14:35.943Z


To prevent the risk of pollution and overflow, your septic tank must be regularly maintained. Should a septic tank be emptied? Who can do it? When must it be carried out and at whose expense?


If you are not connected to the collective sanitation network of your municipality, your house may have a septic tank for the evacuation of its waste water.

The law sets very specific rules regarding the maintenance and

emptying of septic tanks

.

The reasons are mainly environmental because this waste water is harmful.

They therefore require special treatment.

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Should you empty your septic tank?

Yes, emptying a septic tank is a

legal obligation

(article L1331-1-1 of the Public Health Code)

.

It consists of the extraction and transport of waste materials from the installation to the place of elimination (we speak of a dumping site).

Harmful to the environment, the discharge of sewage sludge into the aquatic environment is strictly prohibited

(article R2224-16 of the General Code of local authorities)

.

If the owner of the septic tank fails to comply with the work prescribed, the municipality may, after formal notice, proceed ex officio and at the expense of the person concerned with the essential work

(article L1331-6 of the Public Health Code)

.

Good to know

The septic tank allows the storage of wastewater from a home when it is not connected to the public collection network, also called main sewer.

Who should have the septic tank emptied?

It is the responsibility

of the owner of the septic tank

to have it carried out on a

regular

basis to ensure that it functions properly.

Maintenance includes

regular emptying of the septic tank

(article L1331-1-1 of the Public Health Code)

.

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If the accommodation is rented,

emptying is the responsibility of the tenant

(

Decree n°87-712 of August 26, 1987

)

since it is considered as periodic maintenance of the septic tank.

This legal obligation to empty your septic tank does not apply to abandoned properties, nor to those which must be demolished or must cease to be used.

To note

In the event of the rental of a dwelling with a septic tank, the owner must provide the tenant with all the technical documents concerning it, but also the maintenance log mentioning the various emptyings carried out.

When to empty the septic tank?

The regulations do not refer to a precise duration for emptying a septic tank.

The frequency of emptying depends on the way of life and use of the installations.

On the other hand, an order sets a threshold limit to be reached.

Emptying must be carried out

before the height of sludge exceeds 50% of the total volume of the septic tank

.

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“The periodicity of emptying the all-water tank or the device to be emptied must be adapted according to the height of sludge, which must not exceed 50% of the useful volume”

(

article 15 of the decree of September 7, 2009

)

.

Who can empty a septic tank?

A septic tank cannot be emptied by an individual.

It is entrusted to a

licensed professional

.

The latter then gives its owner a

certificate of emptying

.

In each municipality or group of municipalities, there is

a Public Service for Non-collective Sanitation

(

SPANC

) responsible for monitoring the non-collective sanitation of users.

Depending on the extent of its missions specific to each city, it may or may not ensure the emptying of septic tanks.

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In this case, the owners choose to use a private company or the service created by the municipality.

Private companies must have been approved by the prefect to be able to empty septic tanks

(

article L1331-1-1 of the Public Health Code

)

.

Ask your town hall or the prefecture for a list of companies able to empty your septic tank.

Good to know

Sanitation service agents have access to private properties to carry out the mission of monitoring non-collective sanitation facilities.

But also to carry out maintenance and rehabilitation work and construction of non-collective sanitation facilities.

Who has to pay to empty the septic tank?

It is up to the

owner of the septic tank

to pay for the emptying.

If the property is rented out, it is the

tenant

who must bear the costs.

The maintenance of a septic tank, and therefore its emptying, whether or not it is provided by SPANC, is subject to the reduced rate of VAT of 10%.

The price of an emptying varies according to the type of installation, the sector, the accessibility constraints and the proximity of the unloading site.

Who controls the maintenance of septic tanks?

The municipality ensures the

control of non-collective sanitation facilities

, including septic tanks (

article L2224-8 of the General Code of Local Authorities)

:

  • For a new septic tank:

The municipality carries out a preliminary examination of the design of the septic tank, attached to the application for a building or development permit.

Then it performs a runtime check.

At the end of the inspection, the municipality draws up a document which assesses the conformity of the installation with regard to the regulatory requirements.

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  • For an existing septic tank:

The municipality checks its operation and maintenance.

At the end of the inspection, if necessary, it can draw up a document specifying the work to be carried out to eliminate the dangers for the health of people and the proven risks of environmental pollution.

The owner of the septic tank has 4 years to carry out the prescribed work

(article L1331-1-1 of the Public Health Code)

.

The control is carried out by the SPANC.

It is carried out at least every 10 years.

To note

The frequency of checks is set out in the regulations for the public sanitation service.

It can be consulted at the town hall by each citizen.

On-site sanitation charge

The non-collective sanitation fee concerns all persons equipped with a non-collective sanitation system subject to control by the SPANC.

Owners of septic tanks are therefore subject to it.

The amount of the fee is set so as to fully cover the operating cost of SPANC.

It varies from city to city.

Source: lefigaro

All news articles on 2022-06-14

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