Local Septic Systems Repair Grants
SEPTEMBER 28, 1999 · Read the full official report (PDF) ↗
source
“The objectives of our audit were to determine whether the seven municipalities we reviewed were in compliance with applicable laws, rules, and regulations, and instructions for this program.”
Read the plain-English breakdown
This is a state audit of a Massachusetts program that helped towns fund septic system repairs for homeowners, especially low- and moderate-income homeowners.
“As authorized by Chapter 11, Section 12, of the Massachusetts General Laws, the Office of the State Auditor conducted an audit of the Community Septic Management Program’s distribution of grants and loans to local communities for the repair of septic systems to meet the requirements of Title V, and the local communities’ management and disbursement of these funds to eligible low- and moderate-income homeowners.”
Auditors checked whether seven southeastern Massachusetts communities followed the program rules, financial requirements, and applicable laws when handling septic repair money.
“Our examination concentrated on seven communities located in the southeastern region of the Commonwealth selected at random.”
The program was meant to help homeowners repair failed septic systems, but poor controls can mean public money is not tracked properly or reused for more residents who need help.
“Because these two towns did not establish and maintain separate bank accounts for all transactions relating to the Local Septic System Repair Program grants, the towns cannot be assured that these funds, including repayments, interest, and penalties, have not been commingled with other town funds, and are not available for the issuance of additional septic loans or betterments to homeowners in the community.”
If you live in a town using this kind of program, the audit affects whether aid is fairly awarded, whether repayments are handled correctly, and whether more homeowners can get help later.
“Eligible homeowners with low or moderate income had first priority in their municipality for loans or betterments.”
The audit found repeated problems: some towns did not seek competitive bids, did not bill on time, did not keep separate bank accounts, did not reconcile accounts, or gave money to homeowners over the income limit without proper approval.
“Our review of seven communities that participated in the Septic System Repair Program revealed that four of the towns did not seek competitive bids on 10 construction projects estimated by the awarding authority to cost more than $10,000.”
The auditor recommended that towns fix their procedures, use separate accounts, collect repayments, reconcile funds, follow bidding rules, and give priority to eligible low- and moderate-income homeowners.
“Recommendation: The local communities who have the primary accountability for compliance with program regulations should seek competitive bids for contracts estimated to cost more than $10,000 and follow proper procedures for declaring emergencies.”
The audit is significant because the program involved millions of dollars across many communities, and weak local handling could reduce fairness and limit future assistance.
“Under the provisions of this program, approximately $6,800,000 was awarded to 96 communities.”
A “betterment” is a way for a town to pay for an improvement and then charge the homeowner back, often through the property tax bill.
“Betterments were added to property tax bills, and the town held first position for repayment priority if property was sold or otherwise disposed of.”
2 figure(s) pending source verification - not shown
What the Auditor checked
- Partially Determine whether the seven municipalities reviewed complied with applicable laws, rules, regulations, and instructions for the Community Septic Management Program.
What the Auditor found
Why it matters: Contracts may not have been awarded to the lowest responsible and eligible bidder, increasing procurement compliance and cost risks.
Standard: Massachusetts General Laws, Chapter 30, Section 39M, and Chapter 30B, Section 8 ( Massachusetts General Laws, Chapter 30, Section 39M; General Laws, Chapter 30B, Section 8 )
1 recommendation
- The local communities should seek competitive bids for contracts estimated to cost more than $10,000 and follow proper procedures for declaring emergencies.
Agency response & Auditor reply
Agency: "As the state agency responsible for the administration of the Septic System Repair Program, the Department of Housing and Community Development provided detailed and specific guidance and on-going technical assistance on all aspects of the program to each of the municipalities which received a grant, and where appropriate, to a regional agency which administered the grant on behalf of the municipality."
Why it matters: The towns could not be assured that program funds and repayments were not commingled and remained available for additional septic loans or betterments.
Standard: Local Septic System Repair Grant contract certifications and Loan Administration for Municipal Finance Officers instructions ( Exhibit A, Certifications, contract between the municipality and the Commonwealth for the Local Septic System Repair Grant )
1 recommendation
- The Treasurers of Berkley and Swansea should establish separate bank accounts and reconstruct program financial transactions to include all repayments, interest, and penalties received to date.
Agency response & Auditor reply
Agency: "As the state agency responsible for the administration of the Septic System Repair Program, the Department of Housing and Community Development provided detailed and specific guidance and on-going technical assistance on all aspects of the program to each of the municipalities which received a grant, and where appropriate, to a regional agency which administered the grant on behalf of the municipality."
Why it matters: The Commonwealth could not be assured that low- or moderate-income homeowners had been given an opportunity to use the program first.
Standard: DHCD Program Coordinator memorandum dated July 28, 1996 on expanding program eligibility ( DHCD memorandum dated July 28, 1996 )
1 recommendation
- The town of Berkley should follow DHCD procedures for expanding program eligibility.
Agency response & Auditor reply
Agency: "As the state agency responsible for the administration of the Septic System Repair Program, the Department of Housing and Community Development provided detailed and specific guidance and on-going technical assistance on all aspects of the program to each of the municipalities which received a grant, and where appropriate, to a regional agency which administered the grant on behalf of the municipality."
Why it matters: The town could not be assured that commingled funds were available for additional septic loans or betterments or that interest was properly credited.
Standard: Exhibit A of the contract between the town and the Commonwealth for the Local Septic System Repair Grant and sound business practice ( Exhibit A of the contract between the town and the Commonwealth for the Local Septic System Repair Grant )
1 recommendation
- Carver's Treasurer should reconcile and use the septic repair bank account and deposit all payments, repayments, interest, and penalties into the account, less payments to contractors and vendors.
Agency response & Auditor reply
Agency: "As the state agency responsible for the administration of the Septic System Repair Program, the Department of Housing and Community Development provided detailed and specific guidance and on-going technical assistance on all aspects of the program to each of the municipalities which received a grant, and where appropriate, to a regional agency which administered the grant on behalf of the municipality."
Why it matters: Funds were denied to four low- and moderate-income homeowners on the waiting list.
Standard: Exhibit A of the contract between the town and DHCD and 310 CMR 14.03 ( 310 CMR 14.03 )
1 recommendation
- Swansea should award loans and betterments to eligible low- or moderate-income homeowners before over-income homeowners and follow DHCD procedures before expanding eligibility.
Agency response & Auditor reply
Agency: "As the state agency responsible for the administration of the Septic System Repair Program, the Department of Housing and Community Development provided detailed and specific guidance and on-going technical assistance on all aspects of the program to each of the municipalities which received a grant, and where appropriate, to a regional agency which administered the grant on behalf of the municipality."
Verified dollar findings
Contract sizes, limits, thresholds, and fund balances - scale figures, never counted as money found.