2019 -- H 5452

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LC001370

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO HEALTH AND SAFETY - THE RHODE ISLAND CESSPOOL ACT OF 2007

     

     Introduced By: Representatives Roberts, Nardone, and Chippendale

     Date Introduced: February 14, 2019

     Referred To: House Municipal Government

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 23-19.15-7 of the General Laws in Chapter 23-19.15 entitled "The

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Rhode Island Cesspool Act of 2007" is hereby amended to read as follows:

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     23-19.15-7. Waiver.

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     (a) The director may grant a waiver, to the extent necessary, from applicable provisions

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listed in § 23-19.15-6(b) provided the homeowner demonstrates undue hardship, defined as

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having an annual income of less than or equal to eighty percent (80%) of the appropriate

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

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standards for the community within which the cesspool is located, and the cesspool is not a failed

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system as defined herein. No waiver shall exceed five (5) years from the dates specified in § 23-

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19.15-6(b). Any waiver granted shall expire upon transfer or sale of the land or easement upon

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which the cesspool is located.

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     (b) The director may also grant a waiver for any septic tank, pump tank, holding tank

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concrete chamber or cesspool which is abandoned by a residential homeowner who connects to

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an existing system. The residential homeowner shall be exempt from being required to obtain a

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contractor to pump out and fill in with material, as long as the homeowner has properly secured

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the abandoned structure. The waiver shall be permitted and issued by the director upon satisfying

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the local sewer authority by inspection in the town or city of the residential homeowner, that the

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abandoned system is properly secured from preventing the public from falling into an abandoned

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on-site system.

 

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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 HEALTH AND SAFETY - THE RHODE ISLAND CESSPOOL ACT OF 2007

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     This act would exempt a residential homeowner who has abandoned an on-site system

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from obtaining a contractor to pump out and to fill in with material, as long as the residential

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homeowner has taken the necessary steps to secure the abandoned on-site system. It would also

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necessitate that the local sewer authority make an inspection to ensure that the system is properly

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secured from preventing any injury to the public.

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     This act would take effect upon passage.

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