Under the 1997 law, septic systems that have
at least two feet of soil separation cannot be declared
failing by local governments unless the system
is functioning improperly or polluting local water
sources. Local government ordinances cannot
supercede this state law.
If your system has less than three but more than two feet of soil separation and is still in good working order, it should be classified as nonconforming but functional. It should not be classified as failing.
Lakeshore properties are not included in this law. They must meet all current standards.