2021 -- H 5590

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LC001287

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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: Representatives Nardone, and Chippendale

     Date Introduced: February 12, 2021

     Referred To: House Municipal Government & Housing

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 23-19.15-7 of the General Laws in Chapter 23-19.15 entitled "The

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

     23-19.15-7. Waiver.

     (a) The director may grant a waiver, to the extent necessary, from applicable provisions

listed in § 23-19.15-6(b) provided the homeowner demonstrates undue hardship, defined as having

an annual income of less than or equal to eighty percent (80%) of the appropriate household size

area median income determined by the federal Housing and Urban Development standards for the

community within which the cesspool is located, and the cesspool is not a failed system as defined

herein. No waiver shall exceed five (5) years from the dates specified in § 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.

     (b) The director may also grant a waiver for any septic tank, pump tank, holding tank

concrete chamber or cesspool which is abandoned by a residential homeowner who connects to an

existing system. The residential homeowner shall be exempt from being required to obtain a

contractor to pump out and fill in with material, as long as the homeowner has properly secured the

abandoned structure. The waiver shall be permitted and issued by the director upon satisfying the

local sewer authority by inspection in the town or city of the residential homeowner, that the

abandoned system is properly secured from preventing the public from falling into an abandoned

on-site system.

     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 an exemption for a residential homeowner who has abandoned an on-

site system from obtaining a contractor to pump out and to fill in with material, as long as the

residential homeowner has taken the necessary steps to secure the abandoned on-site system. It

would also necessitate that the local sewer authority make an inspection to ensure that the system

is properly secured from preventing any injury to the public.

     This act would take effect upon passage.

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