2021 -- H 5276

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LC000707

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

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A N   A C T

RELATING TO HEALTH AND SAFETY - THE RHODE ISLAND CESSPOOL ACT OF 2007

     Introduced By: Representative John G. Edwards

     Date Introduced: January 29, 2021

     Referred To: House Corporations

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 23-19.15-8 of the General Laws in Chapter 23-19.15 entitled "The

Rhode Island Cesspool Act of 2007" is hereby amended to read as follows:

     23-19.15-8. Exemption.

     (a) The provisions of §§ 23-19.15-5, 23-19.15-6(a) and 23-19.15-12(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 §§ 23-19.15-6(b)(2) and 23-19.15-12 shall not apply to any cesspool

located on a property that is properly designated to be sewered no later than six (6) years after the

applicable deadlines provided in § 23-19.15-6(b)(3) provided: (1) 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 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; and (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 (b)(2) of this section, 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.

     (d) For properties subject to §§ 23-19.15-6(b)(3) and 23-19.15-12(a), the department may

develop regulations to extend the deadlines in subsections (b) and (c) of this section for good cause

shown, provided the deadline to complete sewer construction does not exceed January 1, 2026.

     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 HEALTH AND SAFETY - THE RHODE ISLAND CESSPOOL ACT OF 2007

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     This act would allow DEM to extend certain deadlines for required sewer construction in

the replacement of cesspools, which deadlines would not extend beyond January 1, 2026.

     This act would take effect upon passage.

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LC000707

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