2013 -- H 6031

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LC02357

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO HEALTH AND SAFETY -- THE RHODE ISLAND CESSPOOL ACT

     Introduced By: Representatives Tanzi, Walsh, Handy, Ferri, and Abney

     Date Introduced: April 24, 2013

     Referred To: House Environment and Natural Resources

It is enacted by the General Assembly as follows:

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     SECTION 1. The title of Chapter 19.15 of title 23 of the General Laws entitled

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"HEALTH AND SAFETY" is hereby amended to read as follows:

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     TITLE 23

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Health and Safety

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     CHAPTER 23-19.5

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THE RHODE ISLAND CESSPOOL ACT

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     SECTION 2. Sections 23-19.15-2, 23-19.15-3, 23-19.15-4, 23-19.15-5, 23-19.15-6, 23-

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19.15-7, 23-19.15-8 and 23-19.15-9 of the General Laws in Chapter 23-19.15 entitled "THE

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RHODE ISLAND CESSPOOL ACT" are hereby amended to read as follows:

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     23-19.15-2. Legislative findings. -- The general assembly hereby recognizes and

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declares that:

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      (1) There exists within certain portions of the state the a need to abate pollution and

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threats to public health caused by cesspools, particularly high-risk cesspools that pose direct

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threats to public health and the environment.

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      (2) It is estimated that there are more than fifty thousand (50,000) cesspools within the

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state as of 2006 2013.

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      (3) Cesspools are a substandard and often inadequate means of sewage treatment and

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disposal.

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      (4) Many cesspools contribute directly to groundwater and surface water contamination.

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      (5) Wastewater disposed from cesspools contains bacteria, viruses, ammonium and other

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pollutants with high biochemical oxygen demand, and may also include phosphates, chlorides,

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grease, and chemicals used to clean cesspools.

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      (6) Wastewater disposed from cesspools frequently exceeds drinking water health

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standards for certain contaminants.

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      (7) Wastewater disposed from cesspools can pose significant health threats to people

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who come into contact with, or consume, contaminated surface waters or groundwaters.

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      (8) Appropriate treatment of sewage disposed into the ground is essential to the

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protection of public health and the environment, particularly in relation to Narragansett Bay and

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the rest of the state's coastal region, and public drinking water resources.

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      (9) Replacement of cesspools with modern ISDS onsite wastewater treatment system

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(OWTS) technology reduces risks to public health and the environment.

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      (10) In sewered areas, sewer tie-ins offer a readily available, low-cost means of

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mitigating problems and threats caused by cesspools.

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      (11) A fund exists to assist homeowners with the costs of removing cesspools and

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inadequate septic systems and replacing them with an approved ISDS OWTS if the community in

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which the homeowner resides has created a wastewater management district in accordance with

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chapter 24.5 of title 45.

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     23-19.15-3. Declaration of purpose. -- The purpose of this chapter is to phase-out use of

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cesspools OWTS that present the highest risk to public health and/or the environment -- namely,

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cesspools located in close proximity to tidal water areas and public drinking waters. Additionally,

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this chapter is intended to allow for the identification and assessment of cesspools on all

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properties throughout the state that are subject to sale or transfer, and to phase-out any such

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cesspools that are found to be failed.

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     23-19.15-4. Definitions. -- For the purposes of this chapter the following terms shall

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mean:

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      (1) "Cesspool" means any buried chamber other than an individual sewage disposal

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system, including, but not limited to, any metal tank, perforated concrete vault or covered hollow

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or excavation, which receives discharges of sanitary sewage from a building for the purpose of

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collecting solids and discharging liquids to the surrounding soil.

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      (2) "Department" means the department of environmental management as established in

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chapter 17.1 of title 42.

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      (3) "Director" means the director of the department of environmental management or his

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or her designee.

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      (4) "Failed cesspool" means a cesspool where one or more of the following conditions

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exist: (i) the cesspool fails to accept or dispose of sewage, as evidenced by sewage at the ground

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surface above or adjacent to the cesspool, or in the building served; (ii) the liquid depth in a

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cesspool is less than six (6) inches from the inlet pipe invert; (iii) pumping is required more than

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two (2) times a year; (iv) the cesspool is shown to have contaminated a drinking water well or

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watercourse; or (v) there is shown to be direct contact between the bottom of the cesspool and the

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groundwater table.

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      (5) "Individual sewage disposal system" or "ISDS" means any system of piping, tanks,

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disposal areas, alternative toilets or other facilities designed to function as a unit to convey, store,

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treat and/or dispose of sanitary sewage, by means other than discharge into a public sewer

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system. "Onsite wastewater treatment system" or "OWTS" means any system of piping, tanks,

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disposal areas, alternative toilets or other facilities designed to function as a unit to convey, store,

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treat and/or dispose of sanitary sewage by means other than discharge into a public sewage

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system.

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      (6) "System inspector" means a person approved by the department as capable of

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properly assessing the condition of an ISDS OWTS.

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     (7) "Transfer" means a transfer of residential real property except a mortgage foreclosure

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or a transfer between the following relationships:

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     (i) Between current spouses;

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     (ii) Between parents and their children;

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     (iii) Between full siblings; and

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     (iv) Where the grantor transfers the real property to be held in a revocable or irrevocable

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trust where at least one of the designated beneficiaries is one of the first degree of relationship to

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the grantor.

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     23-19.15-5. Inspection. -- (a) Unless exempted under subsection 23-19.15-8(a), the

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owner of property served by a cesspool in the following areas shall cause an inspection to be

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performed on said cesspool by a system inspector in accordance with a schedule established by

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the department, but no later than January 1, 2012:

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      (1) Which cesspool is within two hundred feet (200') of the inland edge of a shoreline

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feature bordering a tidal water area [corresponding to the jurisdiction of the RI Coastal Resources

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Management Council];

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      (2) Which cesspool is within two hundred feet (200') of a public drinking water well; and

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      (3) Which cesspool is within two hundred feet (200') of a surface drinking water supply,

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specifically the impoundment from which water is drawn via the intake.

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      The inspection shall be conducted and reported in accordance with procedures required

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by the department, and the results shall be recorded on forms prescribed by the department.

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     (b) The owner of the property subject to the sale or transfer which is or may be served by

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a cesspool, shall cause an inspection to be performed on said cesspool by a system inspector at

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the time of sale or transfer or within two (2) years prior to sale or transfer.

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     (b)(c)Pursuant to section 5-20.8-13, every contract for the purchase and sale of real estate

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which is or may be served by a private cesspool, shall provide that potential purchasers be

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permitted a ten (10) day period, unless the parties mutually agree upon a different period of time,

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to conduct an inspection of the property's on-site sewage system in accordance with procedures

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required by the department in subsection subsections 23-19.15-5(a) and (b), before becoming

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obligated under the contract to purchase.

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     23-19.15-6. Cesspool removal and replacement. -- (a) Any cesspool required to be

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abandoned pursuant to this chapter shall be replaced with an approved ISDS OWTS, or the

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building served by the cesspool shall be connected to a public sewer, prior to the applicable

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deadlines contained in subsection 23-19.15-6(b) given herein, whichever occurs sooner.

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     (b) Any cesspool found to be serving a building or use subject to sale or transfer shall be

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removed and replaced with an OWTS or the building served by the cesspool shall be connected to

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a public sewer system with twelve (12) months of the date of sale or transfer.

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      (b)(c) Cesspools found to be located within the areas identified in subsection 23-19.15-

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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 OWTS approved

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system, prior to January 1, 2014.

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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, 2014.

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     23-19.15-7. Waiver. -- The director may grant a waiver, to the extent necessary, from

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applicable provisions listed in subsection 23-19.15-6(b) 23-19.15-6(c) provided the homeowner

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demonstrates undue hardship and the cesspool is not a failed system as defined herein. No waiver

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shall exceed five (5) years from the dates specified in subsection 23-19.15-6(b) 23-19.15-6(c).

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Any waiver granted shall expire upon transfer or sale of the land or easement upon which the

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cesspool is located.

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     23-19.15-8. Exemption. -- (a) The provisions of section 23-19.15-5 subsection 23-19.15-

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5(a) and subsection 23-19.15-6(a) 23-19.15-6(c) shall not apply to any cesspool located in an area

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of a community covered by municipal on-site wastewater management ordinance that requires the

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risk-based phase-out of cesspools on an alternative schedule that meets the purposes of this act.

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      (b) The provisions of subdivision 23-19.15-6(b)(2) 23-19.15-6(c)(3) shall not apply to

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any cesspool located on a property that is properly designated to be sewered no later than six (6)

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years after the applicable deadlines provided in subdivision 23-19.15-6(b)(2) 23-19.15-6(c)(3)

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provided: (1) The sewering project is identified in the city, town or sewer district's wastewater

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facilities plan as approved by DEM prior to January 1, 2013; (2) The municipality, acting through

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its city or town council, states in writing to the director of the department of environmental

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management by January 1, 2013 that the municipality will complete construction of the sewering

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project on or before January 1, 2020; and (3) The property owner certifies, in writing, that the

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dwelling/building will be connected to the sewer system within six (6) months of receipt of the

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notification to connect to the sewer system and that no increase in the design sewage flow or

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number of bedrooms in the building will occur until the connection is made.

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      (c) In addition to subdivision 23-19.15-8(b)(2), above, the municipality must

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demonstrate by December 31, 2014 that is has bond authorization or some other dedicated

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financial surety for expansion of sewers to the area of the building served by the cesspool. If the

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municipality fails to demonstrate such surety, this exemption shall terminate and the cesspool

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shall be replaced by June 30, 2015.

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     23-19.15-9. Notice to remove and replace cesspools. -- (a) The owner of any cesspool

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who has not complied with the requirements pursuant to this chapter shall be in violation of this

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chapter and subject to enforcement action by the department in accordance with chapters 17.1 and

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17.6 of title 42 of the general laws.

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      (b) Notwithstanding the above provisions, the director may require the abandonment and

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replacement of any cesspool with an approved ISDS OWTS prior to the dates specified in

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subsection 23-19.15-6(a) 23-19.15-6(c) if the cesspool is a large capacity cesspool as defined

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pursuant to applicable federal regulations governing underground injection control (UIC)

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facilities.

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     SECTION 3. This act shall take effect on January 1, 2014.

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LC02357

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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

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     This act would amend the law on cesspools by updating the terminology of "Individual

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Sewage Disposal System" (ISDS) to that of "Onsite Wastewater Treatment System (OWTS).

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Moreover, with the exception of family transfers, any cesspool used in a building subject to sale

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or transfer must be replaced with an OWTS or connected to a public sewer system within twelve

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(12) months of the date of sale or transfer. The goal of these amendments would be to eliminate

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all cesspools regardless of whether or not they are located in close proximity to tidal water areas

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and public drinking waters.

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     This act would take effect on January 1, 2014.

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LC02357

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