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:

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

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

     23-19.15-7. Waiver.

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

listed in § 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 the 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 § 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.

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

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

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

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

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

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

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

on-site system.

     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

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

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

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

secured from preventing any injury to the public.

     This act would take effect upon passage.

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