2018 -- H 7842

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LC004958

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2018

____________

A N   A C T

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

2007

     Introduced By: Representatives Price, and Handy

     Date Introduced: February 28, 2018

     Referred To: House Finance

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 23-19.15-4, 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:

     23-19.15-4. Definitions.

     For the purposes of this chapter the following terms shall mean:

     (1) "Cesspool" means any buried chamber other than an onsite wastewater treatment

system (OWTS), including, but not limited to, any metal tank, perforated concrete vault, or

covered hollow or excavation, that receives discharges of sanitary sewage 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

exist: (i) The cesspool fails to accept or dispose of sewage, as evidenced by sewage 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) "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. A cesspool is not an OWTS.

     (6) "Outhouse" means any outdoor, enclosed structure that is separated from the main

residence or other building that has one or more holes in a seat built over a pit that is designed to,

or is otherwise used as a toilet.

     (6)(7) "System inspector" means a person who is registered as an inspector and capable

of properly assessing the condition of an OWTS.

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

relationships:

     (i) Between current spouses;

     (ii) Between parents and their children;

     (iii) Between full 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)(9) "Wastewater" means human or animal excremental liquid or substance, putrescible

animal or vegetable garbage or filth, including, but not limited to, waste discharged from toilets,

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

     23-19.15-6. Cesspool removal and replacement Cesspool and outhouse removal and

replacement.

     (a) Any cesspool located in close proximity to tidal water areas and public drinking water

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

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

applicable deadlines contained in subsection (b) of this section.

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

cease to be used for sewage 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

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period of time.

     (2) Tier 2. Any cesspool located on a property that 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 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..

     (4) Tier 4. Any outhouse that is in use or that is otherwise in existence as of January 1,

2019, shall be required to be properly abandoned, filled up and destroyed within one year from

said date unless an immediate public health hazard is identified, in which case the director may

require a shorter period of time.

     23-19.15-8. Exemption.

     (a) The provisions of §§ 23-19.15-5, 23-19.15-6(a) and 23-19.15-12(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 §§ 23-19.15-6(b)(2) and 23-19.15-12 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 § 23-19.15-6(b)(3) provided: (1) The sewering project

is identified in the city, town, or sewer district's wastewater facilities plan as approved by DEM

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

writing to the director of the department of environmental management by January 1, 2013, that

the municipality 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) The provisions of § 23-19.15-6(b)(4) shall not apply to any nonworking outhouse for

historic structures which are not functioning as an outhouse but is present on the property for

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historic or display purposes only.

     (c)(d) In addition to subdivision (b)(2) of this section, the municipality must demonstrate

by December 31, 2014, that it 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 or that 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

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

     (c) The owner of any outhouse that has not complied with the requirements of 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.

     SECTION 2. This act shall take effect upon passage.

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LC004958

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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 require that any outhouse in use or in existence on any land in the state be

properly abandoned within one year of January 1, 2019. Outhouses in existence not in use and on

historic lands for historical purposes or display would be exempt.

     This act would take effect upon passage.

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