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2013 -- H 5732 | |
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LC01329 | |
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STATE OF RHODE ISLAND | |
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IN GENERAL ASSEMBLY | |
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JANUARY SESSION, A.D. 2013 | |
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A N A C T | |
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RELATING TO HEALTH AND SAFETY - CESSPOOL REMOVAL AND REPLACEMENT | |
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Introduced By: Representatives Tanzi, Walsh, Valencia, Ferri, and Handy | |
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Date Introduced: February 28, 2013 | |
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Referred To: House Environment and Natural Resources | |
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It is enacted by the General Assembly as follows: | |
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SECTION 1. Section 23-19.15-6 of the General Laws in Chapter 23-19.15 entitled "The |
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Rhode Island Cesspool Act of 2007" is hereby amended to read as follows: |
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23-19.15-6. Cesspool removal and replacement. – (a) All cesspools shall be removed |
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and replaced with an ISDS system or connected to a public sewer system within twelve (12) |
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months from the date of the sale of the property, or in accordance with the following schedule, |
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whichever event occurs sooner: |
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(b) |
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5(a) above shall cease to be used for sewage disposal and shall be properly abandoned in |
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accordance with the following schedule: |
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(1) Tier 1. - Any cesspool deemed by the department or a system inspector to be failed in |
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accordance with this chapter shall be properly abandoned within one year of discovery unless an |
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immediate public health hazard is identified, in which case the director may require a shorter |
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period of time. |
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(2) Tier 2. - Any cesspool located on a property which has a sewer stub enabling |
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connection to a public sewer shall be properly abandoned, and the building served by the cesspool |
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shall be connected into the sewer system of such premises with such sewer and fill up and destroy |
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any cesspool, privy vault, drain or other arrangement on such land for the reception of sewage, |
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excluding any Rhode Island department of environmental management ISDS approved system, |
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prior to the one year anniversary of the sale in ownership. If such abutting owner or occupant of |
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land who is required to connect to the sewage system fails to do so in prescribed time period, then |
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such abutting owner or occupant of land shall be required to pay usage fees as if such abutting |
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owner or occupant of land were connected to the sewage system. |
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(3) Tier 3. - Any cesspool within two hundred feet (200') of a public drinking water well, |
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or within two hundred feet (200') of the inland edge of a shoreline feature bordering a tidal water |
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area [corresponding to the jurisdiction of the RI Coastal Resources Management Council] or |
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within two hundred feet (200) of a surface drinking water supply [specifically, the impoundment |
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from which water is drawn via the intake] shall be properly abandoned by January 1, 2013, |
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excluding those properties subject to subsection (a)(2) above. |
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(c) |
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with an approved ISDS, or the building served by the cesspool shall be connected to a public |
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sewer, prior to the applicable deadlines contained in subsection 23-19.15-6(a). |
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SECTION 2. This act shall take effect upon passage. |
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LC01329 | |
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EXPLANATION | |
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BY THE LEGISLATIVE COUNCIL | |
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OF | |
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A N A C T | |
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RELATING TO HEALTH AND SAFETY - CESSPOOL REMOVAL AND REPLACEMENT | |
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This act would require cesspools to be removed and replaced with an ISDS system or |
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connected to a public sewer system within twelve (12) months from the date of the sale of the |
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property or in accordance with a schedule set forth therein. |
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This act would take effect upon passage. |
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LC01329 | |
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