Chapter 380

2011 -- H 6005 SUBSTITUTE A AS AMENDED

Enacted 07/13/11

 

A N A C T

RELATING TO HEALTH AND SAFETY -- CESSPOOLS

          

     Introduced By: Representatives Ferri, Ehrhardt, Morgan, Edwards, and Guthrie

     Date Introduced: March 30, 2011

 

It is enacted by the General Assembly as follows:

 

     SECTION 1. Sections 23-19.15-6, 23-19.15-7, and 23-19.15-8 of the General Laws in

Chapter 23-19.15 entitled "The Rhode Island Cesspool Act of 2007" are hereby amended to read

as follows:

 

     23-19.15-6. Cesspool removal and replacement. -- (a) Cesspools found to be located

within the areas identified in subsection 23-19.15-5(a) above shall cease to be used for sewage

disposal and shall be properly abandoned in accordance with the following schedule: Any

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

ISDS, 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 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 approved system,

prior to the one year anniversary of the sale in ownership January 1, 2014. If such abutting owner

or occupant of land who is required to connect to the sewage system fails to do so in prescribed

time period, then such abutting owner or occupant of land shall be required to pay usage fees as if

such abutting owner or occupant of land were connected to the sewage system.

      (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, 2013 January 1, 2014, excluding those properties subject to subsection (a)(2) above.

      (b) Any cesspool required to be abandoned pursuant to this chapter shall be replaced

with an approved ISDS, 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(a).

 

     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(a)(b) provided the homeowner demonstrates

undue hardship 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(a)(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 subsection subdivision 23-19.15-6(a)(b)(2) shall not apply to any

cesspool located on a property that is properly designated to be sewered no later than five (5) six

(6) years after the applicable deadlines provided in subsection subdivision 23-19.15-6(a)(b)(2)

provided: (1) it is not a failed cesspool as defined herein The sewering project is identified in the

city, town or sewer districtís wastewater facilities plan as approved by DEM prior to January 1,

2013; (2) the owner does not increase the design sewage flow into the cesspool or add bedrooms

to the building served by the cesspool; (3)(2) the 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 holds bonding authorization or some other dedicated financial surety for

expansion of sewers to the area of the building served by the cesspool; and (4) the (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 bedroom 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.

 

     SECTION 2. This act shall take effect upon passage.

     

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LC02314/SUB A

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