2019 -- H 6210

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LC002790

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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 Edwards, Canario, Bennett, Kennedy, and Shekarchi

     Date Introduced: June 12, 2019

     Referred To: House Environment and Natural Resources

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 23-19.15-8 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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     23-19.15-8. Exemption.

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     (a) The provisions of §§ 23-19.15-5, 23-19.15-6(a) and 23-19.15-12(a) shall not apply to

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any cesspool located in an area of a community covered by municipal, on-site wastewater

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management ordinance that requires the risk-based phase out of cesspools on an alternative

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schedule that meets the purposes of this act.

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     (b) The provisions of §§ 23-19.15-6(b)(2) and 23-19.15-12 shall not apply to any

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cesspool located on a property that is properly designated to be sewered no later than six (6) years

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after the applicable deadlines provided in § 23-19.15-6(b)(3) provided: (1) The sewering project

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

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

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

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the municipality will complete construction of the sewering project on or before January 1, 2020;

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and (3) The property owner certifies, in writing, that the dwelling/building will be connected to

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the sewer system within six (6) months of receipt of the notification to connect to the sewer

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system and that no increase in the design sewage flow or number of bedrooms in the building will

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occur until the connection is made.

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

 

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December 31, 2014, that it has bond authorization or some other dedicated financial surety for

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expansion of sewers to the area of the building served by the cesspool. If the municipality fails to

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demonstrate such surety, this exemption shall terminate and the cesspool shall be replaced by

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June 30, 2015.

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     (d) For properties subject to §§ 23-19.15-6(b)(3) and 23-19.15-12(a), DEM may develop

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regulations to extend the deadlines in subsections (b) and (c) of this section for good cause

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shown, provided the deadline to complete sewer construction does not exceed January 1, 2025.

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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 allow DEM to extend certain deadlines for required sewer construction in

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the replacement of cesspools, which deadlines would not extend beyond January 1, 2025.

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     This act would take effect upon passage.

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