2019 -- H 5798 SUBSTITUTE A

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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 COVENTRY SEWER AUTHORITY

     Introduced By: Representatives Serpa, Noret, Jackson, Roberts, and Nardone

     Date Introduced: March 01, 2019

     Referred To: House Municipal Government

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 1 of Chapter 330 of the Public Laws of 1997, as amended by

Chapters 119 and 140 of the Public Laws of 2006, is hereby further amended to read as follows:

     Sec. 1. The Town of Coventry is authorized and empowered in accordance with the

provisions of this act, to plan, lay out, construct, finance, operate and maintain sewage works fora

for a part or the whole of its territory and for such purposes to take by eminent domain or

otherwise any lands, water rights, rights-of-way, or easements, public or private, in said town

necessary for accomplishing any purpose mentioned in this act. Such sewage works may include

sewers and sewer service connections, pumping stations, sewage treatment works, sewage

disposal works, and other works essential to the proper collection and disposal of the sewage of

said town.

     As used in this act, unless the context otherwise requires:

     "Preliminary plans" shall mean engineering reports which shall conform to all applicable

state and federal guidelines and shall include detailed scope and area to be considered with

recommendations, preliminary and feasibility investigation, environmental assessment, cost

studies, economic comparisons of alternatives and all application and pre-application work and

other work necessary or desirable before undertaking working plans.

     "Working plans" shall mean final design plans of facilities, detailed construction

drawings, specifications, detailed estimate of cost of construction, and shall include all other

engineering work which may be required or advisable for actual construction of sewage works.

     "Town" means the Town of Coventry.

     "Council" means the town council of the Town of Coventry.

     "Highways" means any state or other highway and any public street, alley, park, parkway,

driveway, bridge or public place.

     "Sewage works" means all constructions for collection, transportation, pumping,

treatment and final disposal of sewage.

     "Common sewer" means a sewer in which all abutters have equal rights of entrance and

use.

     "Force main" means a sewer wherein sewage is moved by pressure.

     "Sewer service connection" means a pipe to convey sewage and wastes from a building to

a common sewer.

     "Sewage" shall mean wastewater, water-carried wastes, or a combination of them,

discharged into and conveyed by sewers or intended or customarily so discharged and conveyed.

Sewage may be further classified as follows:

     "Sanitary sewage" shall mean the common wastewater and water-carried wastes from

human dwellings and from toilet and lavatory fixtures, kitchens, laundries, and similar facilities

of business and industrial buildings. In general, sanitary sewage shall not include storm water

from roofs, yards, streets or open spaces, water from land surfaces or brooks, clean waste

overflows from springs, wells, or subsoil drainage, large volumes of clean water from air

conditioning or other cooling or condensing facilities, clean wastewater from hydraulically

operated contrivances and those wastes included within the definition of "industrial wastes" next

following.

     "Industrial wastes" shall include the liquid or water-carried wastes of any industrial

process not clearly included within the definitions of sanitary sewage, storm water, cooling water

or subsoil drainage herein. In general, wastewaters carrying any quantity of oils, grease, fats,

abrasives, chemicals, residues of manufacturing processes, wastes from commercial food

preserving or canning, from slaughterhouses or meat processing plants, and similar substances,

whether dissolved, in suspension, or mechanically carried by water, shall be considered as

industrial wastes.

     "Storm water" shall include the runoff or discharge of rain and melted snow or other

clean water from roofs, surfaces of public or private lands or elsewhere. For most purposes within

the scope of this act, storm water shall not include the flow of any natural brook, rivulet or stream

even if the source of such water is storm runoff from land or other property once that runoff has

entered the channel of such brook or natural watercourse. In general, storm water shall include

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only water which is sufficiently clean and unpolluted to admit of being discharged, without

treatment or purification, into any natural open stream or watercourse without offense.

     "Cooling water" shall include the clean wastewater from air conditioning, industrial

cooling, condensing and similar apparatus and from hydraulically powered equipment. In general,

cooling water will include only water which is sufficiently clean and unpolluted to admit of being

discharged, without treatment or purification, into any natural open stream or watercourse without

offense.

     "Seepage" or "subsoil drainage" shall include water from the soil percolating into subsoil

drains and through foundation walls, basement floors, or underground pipes or from similar

sources.

     "Lateral sewer" means a sewer which does not receive the sewage from any other

common sewer.

     "Submain sewer" means a sewer into which the sewage from two (2) or more lateral

sewers is discharged.

     "Main sewer" means a sewer into which the sewage from two (2) or more submain

sewers is discharged.

     "Land" means and includes any land, including building and other improvements thereon,

estate, riparial or other right, easement, interest or waterway.

     The Town of Coventry may provide for the construction of sewers and for other sewage

works for said town and may raise funds therefor by borrowing or otherwise, and for that purpose

may issue bonds or notes of the town in accordance with the provisions hereinafter stated or

under other authority.

     The town council shall provide that annual charges shall be made upon the owners of the

lands using the sewage works and that sewer assessments shall be made upon the owners of lands

for which the use of sewage works is available. The town of Coventry may charge the owners of

lands using the sewage works, monetary interest charges in excess of those interest charges

actually paid by the town for the funds it has borrowed for sewage works' purposes, up to a

maximum of one-half of one percent (.05%) of the interest charges paid by the town. The excess

interest charges shall only be used for administrative purposes.

     The receipts from annual charges and sewer assessments shall be appropriated for and

applied to the payment of the charges and expenses incident to the planning, construction,

financing, operation and maintenance of the sewage works, and to the payment of principal costs

for any bonds or notes issued for sewage works. Nothing in this act shall limit or affect the rights

or obligations of the town of Coventry, including obligations of the town acting by and through

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its financial town meeting or its town council, to appropriate monies from its regular town tax to

fund its obligations under the intermunicipal agreement in wastewater services between the town

of West Warwick and the town of Coventry, as amended and restated from time to time, and the

Loan and Trust Agreement among the Rhode Island economic development corporation, the town

of Coventry and J.P. Morgan Trust Company, National Association dated as of December 1,

2003, as amended from time to time.

     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 COVENTRY SEWER AUTHORITY

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     This act would enable the town of Coventry to charge owners of lands using the sewage

works monetary interest charge in excess of those interest charges actually paid by the town for

the funds it has borrowed for sewage works purposes. The excess interest charges shall be a

maximum of one-half of one percent (.05%) and shall be used only for administrative purposes.

     This act would take effect upon passage.

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