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
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 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
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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