2012 -- S 2086

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

____________

A N A C T

RELATING TO THE CITY OF WARWICK - SEWER AUTHORITY

     Introduced By: Senators McCaffrey, and Lynch

     Date Introduced: January 18, 2012

     Referred To: Senate Environment & Agriculture

It is enacted by the General Assembly as follows:

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     SECTION I. Section 17 of Chapter 254 of the 1962 Public Laws entitled “An Act to

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Create a Sewer Authority for the City of Warwick and to Authorize Said City to Plan, Construct,

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Finance. Operate and Maintain Sewage Works,” as amended, is hereby further amended to read

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as follows:

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     Section 17. Authority to order connection to sewer ordering cesspool. etc. to be filled up,

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etc. -- (a) The sewer authority with the advice and consent of the mayor in the interest of public

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health and safety is authorized to order any abutting owner or occupant of land upon any street in

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which there is a sewer or in which a sewer may hereafter be constructed, to connect the sewage of

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such premises with such sewer, and to order any owner or occupant to fill up and destroy any

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cesspool, privy vault, drain or other arrangement on such land for the reception of sewage. Upon

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the service of any such order, or copy thereof upon any such owner or occupant, to connect the

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sewage as aforesaid, or to fill up or destroy any cesspool, privy vault, drain or other arrangement

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for the reception of sewage, such owner or occupant shall comply therewith within thirty (30)

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days from the time of service of such order. In case the owner or occupant to whom any such

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order is directed shall neglect or refuse to comply therewith within thirty (30) days after the

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service thereof upon him/her, he/she shall be fined not less than one hundred dollars ($100) nor

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more than five hundred dollars ($500) for each subsequent twenty-four (24) hours during which

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he/she shall neglect or refuse to comply therewith and in case such neglect or refusal shall

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continue for sixty (60) days after the service of such an order, the authority may cause such

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cesspool, privy vault, drain or other arrangement for the reception of sewage which is the subject

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of such order to be filled up and destroyed and the sewage from such land to be connected with a

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common sewer. The pendency of any appeal from any such order, shall not affect the power of

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the authority, after the expiration of said period of sixty (60) days, to cause such cesspool, privy

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vault, or other arrangement for the reception of sewage to be forthwith filled up and destroyed.

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Whenever the authority shall cause any cesspool, privy vault, or other arrangement for

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the reception of sewage to be filled up and destroyed, or the sewage of any land to be connected

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with a common sewer, it shall keep careful account of the cost of such work and of any expense

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caused the city by reason of the neglect or refusal of the owner or occupant of such land to

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comply with the order of the authority issued as aforesaid, and upon the completion of such work

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the authority shall tile statement of such cost and expense with the director of finance and

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thereupon the amount of such cost and expense shall be a lien upon the land, including

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improvement thereon, for which such cost and expense was incurred and the same shall be

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collected in the same manner as other assessments and charges are collected under this act.

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(b) Mandatory connection to sewer prior to sale or transfer. — Any abutting owner or

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occupant of land upon any street in which there is a sewer must connect the sewage of such

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premises with such sewer and fill up and destroy any cesspool, privy vault, drain or other

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arrangement on such land for the reception of sewage, excluding any Rhode Is land department of

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environmental management ISDS approved system, prior to the one year anniversary of the sale

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or transfer in ownership. If such abutting owner or occupant of land who is required to connect to

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the sewage system fails to do so in prescribed time period, then such abutting owner or occupant

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of land shall be required to pay usage fees as if such abutting owner or occupant of land were

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connected to the sewage system.

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     (c) Notwithstanding the provisions of any law, rule, regulation or agreement to the

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contrary, an abutting owner or occupant of land upon any street in which there is a sewer shall not

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be required to connect to the sewage system, except as provided under subsections (a) or (b) of

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this section.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO THE CITY OF WARWICK - SEWER AUTHORITY

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     This act would provide that within the city of Warwick any abutting owner or occupant

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of land upon any street in which there is a sewer shall only be required to connect to the sewage

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system as required by Section 17 of Chapter 254 of the 1962 Public Laws, as amended.

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     This act would take effect upon passage.

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