The Massachusetts Department of Environmental Protection is a state agency responsible for protecting human health and the environment by ensuring clean air and water, the safe management and disposal of solid and hazardous wastes, the timely cleanup of hazardous waste sites and spills, and the preservation of wetlands and coastal resources.

DEP is one of five agencies under the Executive Office of Environmental Affairs . DEP's role under Article 97 of the Massachusetts Constitution is the guarantor of the people's right to "clean air and water", as well as "the natural scenic, historic and aesthetic qualities of the environment.

Click here to view the DEP's Website

Asbestos

Asbestos is a fibrous material that often appears flaky if in poor condition. When inhaled, it can damage your lungs and respiratory system. It was used in the past to insulate pipes, furnaces, and some roofs and siding. If wrapping the asbestos will secure it, "encapsulation" with approved materials is permitted. State law requires that if the asbestos material in your home is in poor condition and not repairable, removal by a licensed contractor is mandatory.

Drinking water

There are several ways in which drinking water is regulated in Massachusetts . If drinking water is supplied by a private well the homeowner is responsible for having the water tested by certified laboratory.

Call your local Board of Health to learn what minimum private well testing requirements exist in your community. If your drinking water comes from a municipal or public source, the water supplier is required to test for a variety of contaminants and make these test results available to consumers.

Foam Insulation

Urea Formaldehyde Foam Insulation (UFFI) has been in use as an insulation material in the U.S. since the 1960's, with installations peaking in the late 1970's. The insulation material consists of three basic ingredients: urea formaldehyde resin, a surfactant often referred to as a foaming agent or catalyst, and air. Use of the material was banned by the Massachusetts Department of Public Health in 1979 because of formaldehyde emissions. However, removal of the insulation is not recommended at this time because the emissions have already occurred.

Lead Painted Wood

Since 1971 Massachusetts has had one of the most progressive lead paint laws in the country. Because lead paint is the primary source of lead exposure for children, the law states that a child under age six cannot occupy a dwelling with lead hazards present.

The law also prohibits discrimination against families with children. Buildings built before 1978 typically contain lead-based paints on interior and exterior walls, window sills and other surfaces accessible to young children.

In de-leading operations at residential properties, chips and dust, surplus stripping solutions, work clothes, wall and ceiling plaster, plastic sheets and tape used to cover work areas and wash water, as well as lead-painted woodwork, are no longer subject to classification as a toxic hazardous waste.

In some cases soil around the building is also hazardous. The de-leading contractor is responsible for any wastes which result from their work.

Sellers are under no obligation to test for lead before selling a home but may choose to be prepared to show documentation that the home is in compliance with the lead law, the inspection was done by a certified inspector and any deleading work done by a licensed de-leader.

Should you, the homeowner, know or find that lead paint is present, this information must be divulged under State consumer protection and lead laws. Sellers of pre-1978 residential properties must provide to prospective purchasers, prior to the signing of the purchase and sale agreement, a "Property Transfer Notification" package, a document issued by the Department of Public Health and available through your real estate agent, which provides important information on lead poisoning and the lead law.

Home buyers have the legal right to have the house inspected for lead before signing the purchase and sale agreement.

Radon Gas

The Massachusetts Department of Public Health estimates that one in four homes contains high levels of radon. Radon is a naturally occurring radioactive gas that escapes to the atmosphere from uranium-bearing surface rocks and soil or from groundwater containing dissolved radon.

Radon can appear in drinking water and is also found in some construction materials such as brick or concrete, if they are made from uranium-bearing rock. The EPA ranks radon as its greatest environmental problem in terms of potential cancer deaths per year, a more severe risk than hazardous waste and toxic chemicals.

EPA, the Surgeon General, and the Massachusetts Department of Public Health recommend that every homeowner, not just those buying or selling homes, test for radon.

Septic/On-Site Systems

An on-site wastewater disposal system may be a conventional septic system, a cesspool, or an innovative/alternative (I/A) system. The most important thing to remember is that it is always the system owner's responsibility to ensure that the on-site system is adequately maintained and repaired.

An on-site system that is properly designed, constructed, and maintained will effectively and efficiently treat wastewater. DEP recommends that systems be pumped at least once every 3 years for homes not having a garbage disposal. If the home's system has a garbage disposal, it should be pumped every year. Always keep copies of your pumping records. Additional routine operation and maintenance (O&M) may be necessary for systems using advanced treatment.

For more information on pumping and inspection issues, regular maintenance schedules, financial programs available for failed systems, things to know when you're buying or selling a property in Massachusetts with an on-site system, as well as other on-site/septic related issues for consumers, go to: Title 5 Information

Underground Fuel Tanks

You should verify from your records or knowledge of previous owners whether your home ever had an underground fuel tank and when it was installed and/or removed. If the tank is currently in use, it may need to be upgraded to meet new leak detection standards. Tanks older than 15 years may have corroded.

If there is evidence of a leaking tank, be prepared to hire a cleanup contractor and a tank removal service. All contents of the tank will be removed and the tank must be made inert (reduced of oxygen), capped and all holes plugged before excavation begins. This can be a significant cost item. Buyers should be aware of this potentially hidden problem.