Section 23-19.15-1. – Short title.
§ 23-19.15-1. Short title. This chapter shall be known and may be cited as the “Rhode Island Cesspool Act of 2007.” History of Section.P.L. 2007, ch. 136, § 1; P.L. 2007, ch. 233, § 1.
Section 23-19.15-10. – Regulations.
§ 23-19.15-10. Regulations. The department shall promulgate rules and regulations as may be necessary to implement and carry out the provisions of this chapter. History of Section.P.L. 2007, ch. 136, § 1; P.L. 2007, ch. 233, § 1.
Section 23-19.15-11. – Severability and construction.
§ 23-19.15-11. Severability and construction. The provisions of this chapter shall be severable, and if any court declares any phrase, clause, sentence, or provision of this chapter to be invalid, or its applicability to any government, agency, person, or circumstance is declared invalid, the remainder of the chapter and its relevant applicability shall not be […]
Section 23-19.15-12. – Cesspool removal and replacement requirements at property transfer.
§ 23-19.15-12. Cesspool removal and replacement requirements at property transfer. (a) Any cesspool found to be serving a building or use subject to sale or transfer shall be removed and replaced with an OWTS or the building served by the cesspool shall be connected to a public sewer system within twelve (12) months of the […]
Section 23-19.15-2. – Legislative findings.
§ 23-19.15-2. Legislative findings. The general assembly hereby recognizes and declares that: (1) There exists a need to abate pollution and threats to public health caused by cesspools. (2) It is estimated that there are more than twenty-five thousand (25,000) cesspools within the state as of 2013. (3) Cesspools are a substandard and inadequate means […]
Section 23-19.15-3. – Declaration of purpose.
§ 23-19.15-3. Declaration of purpose. The purpose of this chapter is to phase out use of cesspools beginning with those located in close proximity to tidal water areas and public drinking water supplies. Additionally, this chapter provides for the connection of properties served by cesspools to available sewer lines and requires the identification and replacement […]
Section 23-19.15-4. – Definitions.
§ 23-19.15-4. Definitions. For the purposes of this chapter the following terms shall mean: (1) “Cesspool” means any buried chamber other than an onsite wastewater treatment system (OWTS), including, but not limited to, any metal tank, perforated concrete vault, or covered hollow or excavation, that receives discharges of sanitary sewage from a building for the […]
Section 23-19.15-5. – Inspection requirements for cesspools located in close proximity to tidal waters and public drinking supplies.
§ 23-19.15-5. Inspection requirements for cesspools located in close proximity to tidal waters and public drinking supplies. (a) Unless exempted under § 23-19.15-8(a), the owner of property served by a cesspool in the following areas shall cause an inspection to be performed on said cesspool by a system inspector in accordance with a schedule established […]
Section 23-19.15-6. – Cesspool removal and replacement.
§ 23-19.15-6. Cesspool removal and replacement. (a) Any cesspool located in close proximity to tidal water areas and public drinking water supplies and required to be abandoned pursuant to this chapter shall be replaced with an approved OWTS, or the building served by the cesspool shall be connected to a public sewer, prior to the […]
Section 23-19.15-7. – Waiver.
§ 23-19.15-7. Waiver. 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 […]
Section 23-19.15-8. – Exemption.
§ 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 […]
Section 23-19.15-9. – Notice to remove and replace cesspools.
§ 23-19.15-9. Notice to remove and replace cesspools. (a) The owner of any cesspool who or that has not complied with the requirements pursuant to this chapter shall be in violation of this chapter and subject to enforcement action by the department in accordance with chapters 17.1 and 17.6 of title 42. (b) Notwithstanding the […]