Chapter 285
2011 -- S 0907 SUBSTITUTE A
Enacted 07/12/11
A N A C T
RELATING TO
HEALTH AND SAFETY -- CESSPOOLS
Introduced By: Senators Walaska, and McCaffrey
Date Introduced: April 28, 2011
It is enacted by the
General Assembly as follows:
SECTION 1. Section 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
prior to January 1, 2014 the one year anniversary
of the sale in ownership. 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, 2014
January 1, 2013, 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) 23-19.15-6(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) 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.
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
23-19.15-6(a) subdivision 23-19.15-6(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
23-19.15-6(a)
subdivision 23-19.15-6(b)(2) provided: (1) it is not a failed cesspool as defined herein The
sewering project is identified in the city, town or sewer
district's 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 bedrooms in the building will occur until the
connection is made.
(c) In addition to
subdivision 23-19.15-8(b)(2), herein, the municipality
must demonstrate
by December 31, 2014 that it 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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LC02528/SUB A/2
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