Numerous Hawley homes not meeting wastewater regulations, Selectboard chair says

Published: 07-04-2025 10:01 AM |
HAWLEY — The Selectboard is urging residents to be aware that wastewater should be treated before being released into the ground.
The topic came up at Tuesday’s meeting, as Selectboard/Board of Health Chair Will Cosby raised a concern that several homes in town fail to meet modern standards for waste treatment.
“There are people that appear to be living full-time in houses, which may or may not have all the necessary ingredients of year-round living, like septic systems and water supply,” Cosby said.
Cosby told his colleagues that he has noticed a few structures in town where he believes people are residing full-time, but, according to town records, those properties do not have systems to treat wastewater and gray water.
Wastewater is waste from toilets, while gray water is used water that comes from kitchen sinks, showers, laundry machines and other similar uses. While water dirtied by washing clothes may not be as much of a health hazard as the waste coming from a toilet, the state still requires gray water to be treated before being emptied into the ground.
In Massachusetts, treatment can include septic systems, composting toilets and other nitrogen-reducing filtration systems, Cosby said.
He added, after reviewing state law and health codes, overnight stays in structures without proper waste treatment systems are limited to up to 14 days, although a person can live in a tent on their property for up to 90 days. Cosby said there are several Hawley residents who have been living in structures for more than 90 days without treatment systems.
However, Selectboard member Hussain Hamdan said he believes there is little the town can do, as many of the homes were built well before the state first adopted Title 5 in 1975. Therefore, they are grandfathered in.
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Title 5 is a state environmental regulation requiring the proper siting, construction, upgrade and maintenance of on-site sewage disposal systems and appropriate means for the transport and disposal of septage.
“There are numerous houses that would not meet current Title 5. Oftentimes the regulations are implicated by a triggering event, such as a sale to a non-family member,” Hamdan said. “But if we want to talk about houses draining gray water into something that’s not a septic, that’s probably half the houses in town.”
Board members said that, in addition to the older houses, they have seen newer structures erected in recent years without building permits.
They discussed the possibility of scheduling inspections with the building inspector, but with the possibility of some properties being grandfathered into old building and health codes, as well as residents potentially not having anywhere else to go, enforcement of modern wastewater regulations could be difficult.
Cosby said enforcing Title 5 is challenging, but important for public health. Ultimately, members agreed to draft a letter to send to all town residents informing them of the health codes and impacts of untreated waste, as well as potential consequences.
“I’m trying to make sure they’re not filling their land with exposed pathogens that are a public health risk,” Cosby said, “because it’s untreated waste.”
Reach Madison Schofield at mschofield@recorder.com.