2014 -- S 2684 SUBSTITUTE A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

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A N   A C T

RELATING TO HEALTH AND SAFETY -- THE RHODE ISLAND CESSPOOL ACT OF

2007

     Introduced By: Senators Sosnowski, Cool Rumsey, Goldin, and Bates

     Date Introduced: March 05, 2014

     Referred To: Senate Environment & Agriculture

     (Environmental Management)

It is enacted by the General Assembly as follows:

     SECTION 1. Sections 23-19.15-2, 23-19.15-3, 23-19.15-4, 23-19.15-5, 23-19.15-6, 23-

19.15-8 and 23-19.15-9 of the General Laws in Chapter 23-19.15 entitled "The Rhode Island

Cesspool Act of 2007" are hereby amended to read as follows:

     23-19.15-2. Legislative findings. -- The general assembly hereby recognizes and

declares that:

      (1) There exists within certain portions of the state the a need to abate pollution and

threats to public health caused by cesspools, particularly high-risk cesspools that pose direct

threats to public health and the environment.

      (2) It is estimated that there are more than fifty thousand (50,000) twenty-five thousand

(25,000) cesspools within the state as of 2006 2013.

      (3) Cesspools are not a department-approved method of wastewater disposal, and all

existing cesspools are considered to be a substandard and often inadequate means of sewage

treatment and disposal.

      (4) Many cesspools contribute directly to groundwater and surface water contamination.

      (5) Wastewater disposed from cesspools contains bacteria, viruses, ammonium and other

pollutants with high biochemical oxygen demand, and may also include phosphates, chlorides,

grease, and chemicals used to clean cesspools.

      (6) Wastewater disposed from cesspools frequently exceeds drinking water health

standards for certain contaminants.

      (7)(5) Wastewater disposed from cesspools can pose significant health threats to people

who come into contact with, or consume, contaminated surface waters or groundwaters.

      (8)(6) Appropriate treatment of sewage wastewater disposed into the ground is essential

to the protection of public health and the environment, particularly in relation to Narragansett Bay

and the rest of the state's coastal region, and public drinking water resources.

      (9)(7) Replacement of cesspools with modern ISDS onsite wastewater treatment system

(OWTS) technology reduces risks to public health and the environment.

      (10)(8) In sewered areas, sewer tie-ins offer a readily available, low-cost means of

mitigating problems and threats caused by cesspools.

      (11)(9) A fund exists to assist qualifying homeowners with the costs of removing

cesspools and inadequate septic systems and replacing them with an approved ISDS OWTS if the

community in which the homeowner resides has created a wastewater management district in

accordance with chapter 24.5 of title 45.

     (10) Certain municipalities or sewer authorities may offer loans to assist homeowners

with the costs of sewer tie-ins.

     23-19.15-3. Declaration of purpose. -- The purpose of this chapter is to phase-out use of

cesspools that present the highest risk to public health and/or the environment -- namely,

cesspools , beginning with those located in close proximity to tidal water areas and public

drinking waters water supplies. Finally, this chapter is intended to allow for the identification and

assessment replacement of cesspools on all properties throughout the state that are subject to sale

or transfer, and to phase-out any such cesspools that are found to be failed.

     23-19.15-4. Definitions. -- For the purposes of this chapter the following terms shall

mean:

      (1) "Cesspool" means any buried chamber other than an individual sewage disposal

system onsite wastewater treatment system (OWTS), including, but not limited to, any metal

tank, perforated concrete vault or covered hollow or excavation, which receives discharges of

sanitary sewage wastewater from a building for the purpose of collecting solids and discharging

liquids to the surrounding soil.

      (2) "Department" means the department of environmental management as established in

chapter 17.1 of title 42.

      (3) "Director" means the director of the department of environmental management or his

or her designee.

      (4) "Failed cesspool" means a cesspool where one or more of the following conditions

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exist: (i) the cesspool fails to accept or dispose of sewage wastewater, as evidenced by sewage

wastewater at the ground surface above or adjacent to the cesspool, or in the building served; (ii)

the liquid depth in a cesspool is less than six (6) inches from the inlet pipe invert; (iii) pumping is

required more than two (2) times a year; (iv) the cesspool is shown to have contaminated a

drinking water well or watercourse; or (v) there is shown to be direct contact between the bottom

of the cesspool and the groundwater table.

      (5) "Individual sewage disposal system" or "ISDS" "Onsite wastewater treatment system

or "OWTS" means any system of piping, tanks, disposal areas, alternative toilets or other

facilities designed to function as a unit to convey, store, treat and/or dispose of sanitary sewage,

by means other than discharge into a public sewer system.

      (6) "System inspector" means a person approved by the department as capable of

properly assessing the condition of an ISDS OWTS. The department shall maintain and make

available a list of approved "system inspectors" and their contact information.

     (7) "Transfer" means a transfer of real property except between the following

relationships:

     (i) Between spouses;

     (ii) Between parents and their children;

     (iii) Between siblings; or

     (iv) Where the grantor transfers the real property to be held in a revocable or irrevocable

trust, where at least one of the designated beneficiaries is of the first degree of relationship to the

grantor.

     (8) "Wastewater" means human or animal excremental liquid or substance, putrescible

animal or vegetable matter or garbage or filth, including, but not limited to, water discharged

from toilets, bath tubs, showers, laundry tubs, washing machines, sinks, and dishwashers.

     23-19.15-5. Inspection Inspection requirements for cesspools located within 200 feet

of the inland edge of a shoreline feature bordering a tidal waters area and public drinking

water supplies. -- (a) Notwithstanding the provisions of § 23-19.15-12 and unless Unless

exempted under subsection 23-19.15-8(a), the owner of property served by a cesspool in the

following areas shall cause an inspection to be performed on said cesspool by a system inspector

in accordance with a schedule established by the department, but no later than January 1, 2012:

      (1) Which cesspool is within two hundred feet (200') of the inland edge of a shoreline

feature bordering a tidal water area [corresponding to the jurisdiction of the RI Coastal Resources

Management Council];

      (2) Which cesspool is within two hundred feet (200') of a public drinking water well; and

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      (3) Which cesspool is within two hundred feet (200') of a surface drinking water supply,

specifically the impoundment from which water is drawn via the intake.

      The inspection shall be conducted by a system inspector and reported in accordance with

procedures required by the department, and the results shall be recorded on forms prescribed by

the department.

      (b) Pursuant to section 5-20.8-13, every contract for the purchase and sale of real estate

which is or may be served by a private cesspool, shall provide that potential purchasers be

permitted a ten (10) day period, unless the parties mutually agree upon a different period of time,

to conduct an inspection of the property's on-site sewage system in accordance with procedures

required by the department in subsection 23-19.15-5(a), before becoming obligated under the

contract to purchase.

     23-19.15-6. Cesspool removal and replacement. -- (a) Notwithstanding the provisions

of § 23-19.15-12, any Any cesspool located within an area(s) contained in § 23-19.15-5(a) and

required to be abandoned pursuant to this chapter shall be replaced with an approved ISDS

OWTS, or the building served by the cesspool shall be connected to a public sewer, prior to the

applicable deadlines contained in subsection 23-19.15-6(b).

      (b) Cesspools found to be located within the areas identified in subsection 23-19.15-5(a)

above shall cease to be used for sewage wastewater disposal and shall be properly abandoned in

accordance with the following schedule:

      (1) Tier 1. - Any cesspool deemed by the department or a system inspector to be failed in

accordance with this chapter shall be properly abandoned within one year of discovery unless an

immediate public health hazard is identified, in which case the director may require a shorter

period of time.

      (2) Tier 2. - Any cesspool located on a property which has a sewer stub enabling

connection to a public sewer shall be properly abandoned, and the building served by the cesspool

shall be connected into the sewer system of such premises with such sewer and fill up and destroy

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

excluding any Rhode Island department of environmental management ISDS OWTS approved

system, prior to January 1, 2014.

      (3) Tier 3. - Any cesspool within two hundred feet (200') of a public drinking water well,

or within two hundred feet (200') of the inland edge of a shoreline feature bordering a tidal water

area [corresponding to the jurisdiction of the RI Coastal Resources Management Council] or

within two hundred feet (200) of a surface drinking water supply [specifically, the impoundment

from which water is drawn via the intake] shall be properly abandoned by January 1, 2014.

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     23-19.15-7. Waiver. -- The director may grant a waiver, to the extent necessary, from

applicable provisions listed in subsection 23-19.15-6(b) provided the homeowner demonstrates

undue hardship, defined as having an annual income of less than or equal to eighty percent (80%)

of the appropriate household size area median income determined by federal Housing and Urban

Development standards for the community within which the cesspool is located, and the cesspool

is not a failed system as defined herein. No waiver shall exceed five (5) years from the dates

specified in subsection 23-19.15-6(b). Any waiver granted shall expire upon transfer or sale of the

land or easement upon which the cesspool is located.

     23-19.15-8. Exemption. -- (a) The provisions of section 23-19.15-5 and subsection 23-

19.15-6(a) shall not apply to any cesspool located in an area of a community covered by

municipal on-site wastewater management ordinance that requires the risk-based phase-out of

cesspools on an alternative schedule that meets the purposes of this act.

      (b) The provisions of subdivision 23-19.15-6(b)(2) §§ 23-19.15-6(b)(3) and 23-19.15-

12(b) shall not apply to any cesspool located on a property that is properly designated to be

sewered no later than six (6) years after the applicable deadlines provided in subdivision 23-

19.15-6(b)(2) § 23-19.15-6(b)(3) provided: (1) The sewering project is identified in the city, town

or sewer district's or authority's wastewater facilities plan as approved by DEM the department

prior to January 1, 2013; (2) The municipality, acting through its city or town council, or sewer

authority states in writing to the director of the department of environmental management by

January 1, 2013 that the municipality or sewer authority will complete construction of the

sewering project on or before January 1, 2020; and (3) The property owner certifies, in writing,

that the dwelling/building will be connected to the sewer system within six (6) months of receipt

of the notification to connect to the sewer system and that no increase in the design sewage flow

or number of bedrooms in the building will occur until the connection is made.

      (c) In addition to subdivision 23-19.15-8(b)(2), above, the municipality must

demonstrate by December 31, 2014 that is has bond authorization or some other dedicated

financial surety for expansion of sewers to the area of the building served by the cesspool. If the

municipality fails to demonstrate such surety, this exemption shall terminate and the cesspool

shall be replaced by June 30, 2015.

     23-19.15-9. Notice to remove and replace cesspools. -- (a) The owner of any cesspool

who has not complied with the requirements pursuant to this chapter shall be in violation of this

chapter and subject to enforcement action by the department in accordance with chapters 17.1 and

17.6 of title 42 of the general laws.

      (b) Notwithstanding the above provisions, the director may require the abandonment and

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replacement of any cesspool with an approved ISDS OWTS prior to the dates specified in

subsection 23-19.15-6(a) § 23-19.15-6(b) if the cesspool is a large capacity cesspool as defined

pursuant to applicable federal regulations governing underground injection control (UIC)

facilities.

     SECTION 2. Chapter 23-19.15 of the General Laws entitled "The Rhode Island Cesspool

Act of 2007" is hereby amended by adding thereto the following section:

     23-19.15-12. Cesspool removal and replacement requirements at property sale or

transfer. -- (a) Any cesspool found to be serving a building or use subject to sale or transfer and

has a sewer stub enabling connection to a public sewer system shall be properly abandoned, and

the building served by the cesspool shall be connected into the sewer system within twelve (12)

months of the date of sale or transfer.

     (b) Any cesspool found to be serving a building or use subject to sale or transfer and does

not have a sewer stub enabling connection to a public sewer, shall be properly abandoned or

removed and the building served by the cesspool shall be replaced by an OWTS within twelve

(12) months of the date of sale or transfer.

     (c) Should the manner of wastewater disposal be unknown, an inspection must be

performed to determine if a cesspool is present on the property. The owner of the property subject

to sale or transfer shall cause an inspection to be performed to determine if a cesspool is present

on the property. This inspection shall be done by a system inspector prior to sale or transfer of the

property.

     (d) Pursuant to § 5-20.8-13, every contract for the purchase and sale of real estate which

is or may be served by a private cesspool, shall provide that potential purchasers be permitted a

ten (10) day period, unless the parties mutually agree upon a different period of time, to conduct

an inspection of the property's onsite sewage system before becoming obligated under the

contract to purchase.

     SECTION 3. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO HEALTH AND SAFETY -- THE RHODE ISLAND CESSPOOL ACT OF

2007

***

     This act would phase out the use of cesspools throughout the state, beginning with those

close to tidal water areas and public drinking water supplies. It would require the identification

and replacement of cesspools on all properties that are subject to sale and transfer.

     This act would take effect upon passage.

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