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Introduction
Arizona's statewide inspection program for on-site wastewater treatment facilities (septic systems) began on a limited basis in January 2002. Beginning July 1, 2006 a new ADEQ rule, Arizona Administrative Code (A.A.C.) R18-9-A316, extends the inspection requirement to all on-site systems whenever ownership of the property changes. Typically, such an inspection is triggered by the resale of a home by an owner or with the assistance of a real estate professional. The inspection requirement applies to any property served by:
- A conventional septic tank system, or
- An alternative on-site system used instead of a conventional system.
Under this inspection program:
- The seller of a property served by a conventional septic tank system or alternative system shall retain a qualified inspector to perform the transfer of ownership inspection within six months before the date of property transfer.
- The inspector shall have up-to-date training from a course recognized by the Arizona Department of Environmental Quality. The list of trained inspectors
 is maintained by the National Association of Wastewater Transporters.
- The inspector shall have a specific State of Arizona occupational license or service vehicle license. ADEQ maintains the list of licensed service vehicles, organized by license number and county code. The Arizona Board of Technical Registration, Arizona Department of Health Services, Arizona Registrar of Contractors, and Arizona Department of Environmental Quality maintain occupational lists for Arizona-registered Engineers, Arizona-Registered Sanitarians, Arizona-Licensed Contractors and Arizona-Certified Wastewater Treatment Plant Operators, respectively.
- The inspector shall prepare a Report of Inspection form pursuant to R18-9-A316(C), and provide it to the seller of the property.
- The seller shall provide to the buyer the completed Report of Inspection form and any documents in the seller's possession relating to the permitting, operation, and maintenance of the on-site system.
- The buyer, within 15 calendar days after the date of the property transfer, shall complete and submit a Notice of Transfer form (Word) with fee to ADEQ.
The overall transfer inspection program is described in detail in a publication by the Arizona Association of Realtors® .
Brochures
Forms
Where to File a Notice of Transfer by Mail
File your Notice of Transfer form online
Please note that mailed-in applications that are incomplete will be returned to the addressee for completion.
(a) If the on-site system was constructed prior to 2001, the form must be filed at the following locations.
In Pima County, file at:
Pima County Department of Environmental Quality
150 W. Congress, 1st Floor
Tucson, AZ 85701
In all other counties, file at:
On-site Facility Notice of Transfer
Arizona Department of Environmental Quality
P.O. Box 18228
Phoenix, AZ 85005-8228
(b) If the on-site system was constructed in 2001 or later, the form must be filed at the following locations:
Apache County Health Department
P.O. Box 697
St. Johns, AZ 85936
Phone: (928) 337-4364
Cochise County Health Department
Environmental Health Division
1415 W. Melody Lane, Bldg. A
Bisbee, AZ 85603
Phone: (520) 432-9440
Coconino County Health Department
Environmental Quality Services
2500 Ft. Valley Road, Building 1
Flagstaff, AZ 86001
Phone: (928) 228-2710
Gila County Community Development Div.
Environmental Health - Wastewater Department Property Transfer Section
P.O. Box 2297
Payson, AZ 85547
Phone: (928) 474-7175
Graham County Health Department
826 W. Main
Safford, AZ 85546
Phone: (928) 428-1962
Greenlee County Health Department
P.O. Box 936
Clifton, AZ 85533
Phone: (928) 865-2601
La Paz County Health Department
1112 Joshua Street, #206
Parker, AZ 85344
Phone: (928) 669-1100
Maricopa County Environmental Services
1001 N. Central, Suite 150
Phoenix, AZ 85004
Phone: (602) 506-6666
Mohave County Health Department
P.O. Box 7000
Attention: Environmental Health
Kingman, AZ 86402-7000
Phone: (928) 757-0901
Navajo County (please file your application at the address below)
Arizona Department of Environmental Quality
P.O. Box 18228
Phoenix, AZ 85005-8228
Pima County Department of Environmental Quality
150 W. Congress, 1st Floor
Tucson, AZ 85701
Phone: (520) 740-3340
Pinal County Division of Environmental Health
P.O. Box 2517 (31 N. Pinal St., Bldg F)
Attention: Septic Transfer
Florence, AZ 85232-2517
Phone: (520) 866-6633
Santa Cruz County Health Department
2150 N. Congress Street
Nogales, AZ 85621
Phone: (520) 761-7800
Yavapai County Development Services
Environmental Unit
500 S. Marina St
Prescott, AZ 86303
Phone: (928) 771-3214
Yuma County Developmental Services Environmental Health Section
2351 W. 26th Street
Yuma, AZ 85364
Phone: (928) 817-5000
Frequently Asked Questions
- What event triggers the Notice of Transfer requirement?
Any time there is a transfer of ownership of a property served by an on-site wastewater treatment facility (conventional septic tank system or alternative on-site system used instead of a conventional system). Typically this is a simple property sale but, pursuant to Arizona Administrative Code (A.A.C.) R18-9-A316, the requirement is triggered for any transfer of ownership. This could include a transfer to a new owner due to repossession, divorce, terms of an estate, a gift or charitable donation, etc.
- Who is responsible for getting the system inspected?
The Seller/Transferor of the property served by the septic system is responsible for obtaining a qualified inspector to perform the inspection. The inspector prepares a Report of Inspection form for the Seller. The Seller provides the completed Report of Inspection form to the Buyer before the property is transferred.
- What are the requirements for the inspection?
Within six months before a property is transferred, the Seller/Transferor must retain a qualified inspector to perform a transfer of ownership inspection. The inspector must use the ADEQ Report of Inspection form for recording the inspection information. Except in rare circumstances as described on the Report of Inspection form, the septic tank must be pumped as part of the inspection. In some property transactions, supplemental real estate contract terms may apply, but in no case should the ADEQ inspection requirements prescribed in A.A.C. R18-9-A316 be altered or omitted.
- Who is responsible for submitting the Notice of Transfer Form?
The Buyer/Transferee is responsible for completing and submitting the Notice of Transfer form. The form must be submitted within 15 days after the date of property transfer.
- Is there a filing fee?
Yes. The Notice of Transfer filing fee is $50 for forms sent to ADEQ and is set by rule. The completed Notice of Transfer form and fee must be submitted by the Buyer/Transferee to the address specified in the Notice of Transfer form.
- Does date of construction of the system affect the transfer notification procedure?
Yes. The rules governing this program divided the program between delegated county agencies that previously administered the program for newer systems, and ADEQ, which will administer the program for the older systems. Therefore, the Notice of Transfer must be submitted to the ADEQ (or Pima County DEQ for systems located in Pima county) for systems constructed and operated before Jan. 1, 2001, and to the delegated county environmental or health department, for systems constructed after Jan. 1, 2001.
- When does the Notice of Transfer form and fee have to be submitted?
Within 15 days after the property transfer, the Buyer/Transferee shall submit the completed Notice of Transfer form and fee to ADEQ (or Pima County if the system is located there). As a practical matter, in many transactions involving real estate agents, it is expected that the escrow officer will file the Notice of Transfer form and fee for the Buyer/Transferee as part of the closing process.
- Is there any exception to the requirement for filing a Notice of Transfer form and fee?
No. In all instances of a transfer of ownership of a property served by an on-site system, the Notice of Transfer form and fee must be submitted by the Buyer/Transferee. However, A.A.C. R18-9-A316(F) allows the Seller/Transferor to forgo the transfer inspection if the system has never been used. (This typically occurs when a builder/developer sells a house with a newly constructed on-site system to the first occupants of the house).
- What reports and documents are to be delivered to the Buyer/Transferee?
Before a property is transferred, the Seller/Transferor shall provide to the Buyer/Transferee:
- the completed Report of Inspection form (unless the exemption described in the preceding item is applicable) and
- documents in the person's possession relating to the permitting, operation, and maintenance of the on-site system.
- Does the Buyer/Transferee need to submit any other documents with the Notice of Transfer Form?
No. However, the Buyer/Transferee shall retain for his or her file a copy of the Notice of Transfer and the documents described in the preceding in item 9.
- Is there an exemption from obtaining an Inspection prior to property transfer?
There is only one exemption from the requirement that all on-site systems must be inspected prior to property transfer. If the on-site system has been built but has never been placed in service, and if the seller has provided the buyer with the agency file number and approval date of installation, the property will be exempt from having an inspection of the on-site system. However, a Notice of Transfer would still need to be filed with the appropriate agency.
- Other questions? Send us an e-mail.
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| Web Site Services | Last Revision Nov. 27, 2007