Chapter 19 UTILITIES
ARTICLE I
In General
§ 19-1. through § 19-15. (Reserved)
ARTICLE II
Sewer District
§ 19-16. Established.
§ 19-17. Hearing on budget.
§ 19-18. Contents of budget.
§ 19-19. Sewer charges to fund budget.
§ 19-20. through § 19-199. (Reserved)
ARTICLE III
Water District
DIVISION 1
GENERALLY
§ 19-200. through § 19-239. (Reserved)
DIVISION 2
ESTABLISHED
§ 19-240. Creation and establishment; boundaries; map.
§ 19-241. Plat and lot listing.
§ 19-242. Subdivision or merger.
§ 19-243. Property of the water district.
§ 19-244. Amendment.
§ 19-245. Fire flow test procedures.
§ 19-246. through § 19-268. (Reserved)
ARTICLE IV
Onsite Wastewater Treatment Systems
§ 19-269. Authority.
§ 19-270. Findings.
§ 19-271. Purpose.
§ 19-272. Definitions.
§ 19-273. Wastewater management program boundaries.
§ 19-274. Miscellaneous regulations for OWTS operation and siting.
§ 19-275. OWTS inventory and inspection.
§ 19-276. OWTS maintenance contract and schedules.
§ 19-277. Enforcement.
§ 19-278. Administration.
§ 19-279. Financing.
§ 19-280. Education.
§ 19-281. Severability.
§ 19-282. through § 19-318. (Reserved)
ARTICLE V
Sanitary Sewer Wastewater Treatment Facility
DIVISION 1
GENERALLY
§ 19-319. Definitions. § 19-320. Purpose. § 19-321. Interpretation. § 19-322. Unsanitary deposit of waste; discharge of wastewater to natural outlet. § 19-323. Connection mandatory. § 19-324. Enforcement. § 19-325. Inspections. § 19-326. Tampering with system prohibited. § 19-327. Fees. § 19-328. through § 19-343. (Reserved)
DIVISION 2
ADMINISTRATION
§ 19-390. through § 19-410. (Reserved)
§ 19-344. Rules and regulations.
§ 19-345. Appeals.
§ 19-346. Right of entry for certain purposes.
§ 19-347. through § 19-358. (Reserved)
DIVISION 3
BUILDING SEWERS AND CONNECTIONS
| § | 19-359. | Permit and authorization required. |
| § | 19-360. | Application for permit; fee. |
| § | 19-361. | Installation and connection requirements. |
| § | 19-362. | Payment of costs; indemnification of town. |
| § | 19-363. | Notice for inspection before connection. |
| § | 19-364. | Record of connections. |
| § | 19-365. | Discontinuance of use. |
| § | 19-366. | Applicable codes. |
| § | 19-367. | Surface runoff connections. |
| § | 19-368. | Excavations. |
| § | 19-369. | Separate building sewer required for each building; exceptions. |
| § | 19-370. | through § 19-385. (Reserved) |
DIVISION 4
SEWERS AND DRAINS
§ 19-386. Work on sewers and drains generally; permit required; eligibility for permit; insurance and bond requirements.
§ 19-387. Persons authorized to work on sewers and drains.
§ 19-388. Application for permit.
§ 19-389. Records.
DIVISION 5
USE REGULATIONS
| § | 19-411. | Approval of certain wastes required; approval of discharge of water from swimming pools. |
| § | 19-412. | Discharge to conform to design and intent of system. |
| § | 19-413. | Use of sanitary sewers generally. |
| § | 19-414. | Discharge of stormwater and other unpolluted drainage. |
| § | 19-415. | Determination of type of discharge permissible. |
| § | 19-416. | Prohibited discharges. |
| § | 19-417. | Limitation on certain discharges. |
| § | 19-418. | Acceptance of restricted wastes. |
| § | 19-419. | Criteria for determination of permissible discharges. |
| § | 19-420. | Review of proposed discharges. |
| § | 19-421. | Maintenance of pretreatment and flow-equalizing facilities. |
| § | 19-422. | Monitoring facilities. |
| § | 19-423. | Other required facilities and equipment. |
| § | 19-424. | Septic tank wastes. |
| § | 19-425. | Measurement of flow; meters. |
| § | 19-426. | Measurements, tests and analyses; sampling. |
| § | 19-427. | Special agreements. |
| § | 19-428. | Industrial discharge monitoring. |
| § | 19-429. | through § 19-460. (Reserved) |
ARTICLE VI
Sewer Allocation and Cost
§ 19-461. Definitions.
UTILITIES
§ 19-462. Exception to public meeting procedure.
§ 19-463. Priorities for new or increased capacity.
§ 19-464. Procedure for review of requests for additional allocation; penalty for unapproved sewer use
§ 19-465. Contributions in aid of construction.
§ 19-466. Prior existing permits and uses.
§ 19-467. Construction of new on-site wastewater treatment systems.
§ 19-468. Severability; conflicting provisions; reconsideration of decisions resulting in taking.
§ 19-469. through § 19-500. (Reserved)
ARTICLE VII
Water Conservation
§ 19-501. Sole source aquifer, water conservation, and drought.
§ 19-502. Reserved.
CHARTER REFERENCE
Public works department, § 801. Sewers, sewer commission, § 801(A).
CROSS REFERENCES
Zoning, app. E
Special use criteria for utility facilities, app. E, § 417 Wind energy conservation systems, app. E, § 508.
Zoning regulations pertaining to on-site wastewater treatment systems, app. E, § 506.
Zoning provisions regarding deep concrete chambers for OWTSs, app. E, § 506(D)(4).
OWTS Ordinance § 505(D)(4) (appendix E of this Code). Definitions and rules of construction generally, § 1-2.
Administration, ch. 2
Board, committees and commissions, § 2-51 et seq. Capital improvements, § 2-241 et seq.
Buildings and building regulations, ch. 4 Health and sanitation, ch. 6
Open wells, cisterns, cesspools or excavations, § 6-1 Littering, § 6-16
Nuisances, § 6-16 et seq.
Transfer station and recycling center, § 6-41 et seq. Licenses and business regulations, ch. 8
Hotels, restaurants and inns, § 8-56 et seq. Marine activities, areas and structures, ch. 9 Natural resource protection, ch. 11 Environmental protection, § 11-36 et seq.
Protection of wetlands and certain inland areas, § 11-38 Groundwater protection, § 11-51 et seq.
Groundwater, § 11-51 et seq.
Certain types of cesspool cleaners prohibited, § 11-53 Streets, sidewalks and other public places, ch. 15 Streets, § 15-16 et seq.
Street and utility construction standards, § 15-46 et seq. Subdivisions, ch. 16
Taxation and finance, ch. 17
Wastewater management, § 19-269 et seq.
Discharge of septic tank wastes to wastewater treatment facility, § 19-424
Construction of new on-site wastewater treatment systems, § 19-467
STATE LAW REFERENCES
Sewage charges, G.L. 1956, § 45-14-1 et seq. Installers of individual sewage disposal systems, G.L. 1956, § 5-56-1 et seq.
Water pollution, G.L. 1956, § 46-12-1 et seq.
Percolation tests and water table elevation determinations, G.L. 1956, § 23-19.5-1 et seq.
Sewerage system cleaners, G.L. 1956, § 23-24.3-1 et seq.
(a) In accordance with § 7 of chapter 146 of the Public Laws of Rhode Island 1972, there is created and established a sewer district for the town, which shall include and consist of the list of parcels of land appearing on the town assessor's maps which is on file in the town clerk's office.
(b) The lots or parcels of land above described are further shown and delineated on a certain map or maps on file with the town clerk designated as "Official Map of Land Within the New Shoreham Sewer District." The maps shall be recorded with the office of the town clerk.
The electors of the town within the district established qualified to vote upon any proposition to impose a tax or for the expenditure of money in the town shall annually assemble in a special meeting during the month of June for the purpose of hearing official reports of the board of sewer commissioners and to approve a budget for the subsequent fiscal year.
The proposed budget shall include all costs of maintaining, repairing and operating such sewage disposal systems including reasonable reserves for such purposes and for renewals and replacements, and any other expenses not otherwise provided for which may arise under this chapter, to the extent that monies for the foregoing purposes are not otherwise provided.
(a) Upon the adoption of the annual budget, the board of sewer commissioners shall fix a schedule of sewer charges for the sewer facilities and services furnished by the town for the purpose of funding the budget. Such charges shall be just and equitable and may be based upon the quantity of water used or the number and size of sewer connections made or the number and kind of plumbing fixtures installed on the estate or upon the number of average number of persons residing or working in or otherwise connected therewith or upon any other factor affecting the use of or the value of the facilities and services furnished or upon any combination of such factors.
(b) All sewer charges shall be assessed upon the owner of the real estate or the tenant or occupant; provided, however, that no person shall be assessed in the district whose property is not connected or required to be connected to the sewer system.
Pursuant to chapter 18 of the Rhode Island Public Laws of 2000, there is hereby created and established a water district for the town, which district shall include all of the property within the boundaries as shown and designated on that map entitled "New Shoreham Water District" dated September 13, 2013, which map, after adoption of the ordinance from which this article was derived, shall remain on file in the office of the town clerk. Those properties included in the district, as presently constituted, are listed by tax assessor's plat and lot numbers on the schedule attached to the map and incorporated into the ordinance from which this article was derived, and is on file in the office of the town clerk. The map shall control any discrepancies between the schedule and the map.
The following is the plat and lot listing of those properties included in the water district, as referred to in § 19-240.
| Plat | Lot | Sub | Plat Lot Sub |
| 5 | 0 | 0 | |
| 5 | 3 | 1 | 5:3-1 |
| 5 | 3 | 2 | 5:3-2 |
| 5 | 3 | 3 | 5:3-3 |
| 5 | 3 | 4 | 5:3-4 |
| Plat | Lot | Sub | Plat Lot Sub |
| 5 | 3 | 5 | 5:3-5 |
| 5 | 3 | 6 | 5:3-6 |
| 5 | 4 | 0 | 5:4 |
| 5 | 5 | 2 | 5:5-2 |
| 5 | 5 | 3 | 5:5-3 |
| 5 | 5 | 4 | 5:5-4 |
| 5 | 5 | 5 | 5:5-5 |
| 5 | 5 | 6 | 5:5-6 |
| 5 | 5 | 7 | 5:5-7 |
| 5 | 7 | 1 | 5:7-1 |
| 5 | 7 | 2 | 5:7-2 |
| 5 | 8 | 0 | 5:8 |
| 5 | 9 | 0 | 5:9 |
| 5 | 10 | 0 | 5:10 |
| 5 | 11 | 0 | 5:11 |
| 5 | 12 | 0 | 5:12 |
| 5 | 13 | 0 | 5:13 |
| 5 | 14 | 0 | 5:14 |
| 5 | 15 | 0 | 5:15 |
| 5 | 16 | 0 | 5:16 |
| 5 | 17 | 0 | 5:17 |
| 5 | 18 | 1 | 5:18-1 |
| 5 | 18 | 2 | 5:18-2 |
| 5 | 19 | 0 | 5:19 |
| 5 | 20 | 0 | 5:20 |
| 5 | 21 | 0 | 5:21 |
| 5 | 22 | 0 | 5:22 |
| 5 | 23 | 0 | 5:23 |
| 5 | 24 | 0 | 5:24 |
| 5 | 25 | 0 | 5:25 |
| Plat | Lot | Sub | Plat Lot Sub |
| 5 | 26 | 0 | 5:26 |
| 5 | 27 | 0 | 5:27 |
| 5 | 28 | 0 | 5:28 |
| 5 | 29 | 0 | 5:29 |
| 5 | 51 | 0 | 5:51 |
| 5 | 64 | 1 | 5:64-1 |
| 5 | 64 | 2 | 5:64-2 |
| 5 | 65 | 0 | 5:65 |
| 5 | 66 | 0 | 5:66 |
| 5 | 67 | 0 | 5:67 |
| 5 | 69 | 1 | 5:69-1 |
| 5 | 69 | 2 | 5:69-2 |
| 5 | 69 | 3 | 5:69-3 |
| 5 | 69 | 4 | 5:69-4 |
| 5 | 69 | 5 | 5:69-5 |
| 5 | 69 | 6 | 5:69-6 |
| 5 | 69 | 7 | 5:69-7 |
| 5 | 70 | 1 | 5:70-1 |
| 5 | 70 | 2 | 5:70-2 |
| 5 | 70 | 3 | 5:70-3 |
| 5 | 71 | 0 | 5:71 |
| 5 | 72 | 0 | 5:72 |
| 5 | 73 | 1 | 5:73-1 |
| 5 | 73 | 2 | 5:73-2 |
| 5 | 74 | 1 | 5:74-1 |
| 5 | 74 | 2 | 5:74-2 |
| 5 | 74 | 3 | 5:74-3 |
| 5 | 74 | 4 | 5:74-4 |
| 5 | 74 | 5 | 5:74-5 |
| 5 | 74 | 6 | 5:74-6 |
| Plat | Lot | Sub | Plat Lot Sub |
| 5 | 75 | 1 | 5:75-1 |
| 5 | 75 | 2 | 5:75-2 |
| 5 | 75 | 3 | 5:75-3 |
| 5 | 75 | 4 | 5:75-4 |
| 5 | 75 | 5 | 5:75-5 |
| 5 | 75 | 6 | 5:75-6 |
| 5 | 75 | 7 | 5:75-7 |
| 5 | 76 | 1 | 5:76-1 |
| 5 | 76 | 3 | 5:76-3 |
| 5 | 92 | 0 | 5:92 |
| 5 | 93 | 0 | 5:93 |
| 5 | 94 | 0 | 5:94 |
| 5 | 95 | 0 | 5:95 |
| 5 | 96 | 0 | 5:96 |
| 5 | 97 | 0 | 5:97 |
| 5 | 100 | 0 | 5:100 |
| 5 | 101 | 0 | 5:101 |
| 5 | 102 | 0 | 5:102 |
| 5 | 104 | 0 | 5:104 |
| 5 | 106 | 0 | 5:106 |
| 5 | 110 | 0 | 5:110 |
| 5 | 111 | 0 | 5:111 |
| 5 | 113 | 0 | 5:113 |
| 5 | 114 | 0 | 5:114 |
| 5 | 116 | 0 | 5:116 |
| 5 | 118 | 0 | 5:118 |
| 6 | 1 | 0 | 6:1 |
| 6 | 2 | 1 | 6:2-1 |
| 6 | 2 | 2 | 6:2-2 |
| 6 | 3 | 1 | 6:3-1 |
| Plat | Lot | Sub | Plat Lot Sub |
| 6 | 3 | 2 | 6:3-2 |
| 6 | 3 | 3 | 6:3-3 |
| 6 | 4 | 0 | 6:4 |
| 6 | 5 | 0 | 6:5 |
| 6 | 6 | 0 | 6:6 |
| 6 | 7 | 0 | 6:7 |
| 6 | 8 | 0 | 6:8 |
| 6 | 9 | 0 | 6:9 |
| 6 | 10 | 0 | 6:10 |
| 6 | 11 | 0 | 6:11 |
| 6 | 12 | 0 | 6:12 |
| 6 | 14 | 0 | 6:14 |
| 6 | 15 | 0 | 6:15 |
| 6 | 17 | 0 | 6:17 |
| 6 | 18 | 0 | 6:18 |
| 6 | 19 | 0 | 6:19 |
| 6 | 20 | 0 | 6:20 |
| 6 | 21 | 0 | 6:21 |
| 6 | 22 | 0 | 6:22 |
| 6 | 23 | 0 | 6:23 |
| 6 | 24 | 0 | 6:24 |
| 6 | 25 | 0 | 6:25 |
| 6 | 26 | 0 | 6:26 |
| 6 | 27 | 0 | 6:27 |
| 6 | 28 | 0 | 6:28 |
| 6 | 29 | 0 | 6:29 |
| 6 | 30 | 0 | 6:30 |
| 6 | 31 | 0 | 6:31 |
| 6 | 32 | 0 | 6:32 |
| 6 | 33 | 0 | 6:33 |
| Plat | Lot | Sub | Plat Lot Sub |
| 6 | 35 | 0 | 6:35 |
| 6 | 37 | 1 | 6:37-1 |
| 6 | 37 | 2 | 6:37-2 |
| 6 | 38 | 0 | 6:38 |
| 6 | 39 | 0 | 6:39 |
| 6 | 40 | 0 | 6:40 |
| 6 | 41 | 0 | 6:41 |
| 6 | 42 | 0 | 6:42 |
| 6 | 43 | 0 | 6:43 |
| 6 | 44 | 0 | 6:44 |
| 6 | 46 | 0 | 6:46 |
| 6 | 50 | 0 | 6:50 |
| 6 | 51 | 0 | 6:51 |
| 6 | 52 | 0 | 6:52 |
| 6 | 53 | 0 | 6:53 |
| 6 | 54 | 0 | 6:54 |
| 6 | 55 | 0 | 6:55 |
| 6 | 56 | 0 | 6:56 |
| 6 | 57 | 0 | 6:57 |
| 6 | 58 | 0 | 6:58 |
| 6 | 59 | 0 | 6:59 |
| 6 | 60 | 0 | 6:60 |
| 6 | 61 | 0 | 6:61 |
| 6 | 62 | 0 | 6:62 |
| 6 | 63 | 0 | 6:63 |
| 6 | 64 | 1 | 6:64-1 |
| 6 | 64 | 2 | 6:64-2 |
| 6 | 65 | 0 | 6:65 |
| 6 | 66 | 0 | 6:66 |
| 6 | 67 | 0 | 6:67 |
| Plat | Lot | Sub | Plat Lot Sub |
| 6 | 68 | 0 | 6:68 |
| 6 | 69 | 0 | 6:69 |
| 6 | 71 | 0 | 6:71 |
| 6 | 72 | 0 | 6:72 |
| 6 | 73 | 0 | 6:73 |
| 6 | 74 | 0 | 6:74 |
| 6 | 75 | 1 | 6:75-1 |
| 6 | 75 | 2 | 6:75-2 |
| 6 | 75 | 3 | 6:75-3 |
| 6 | 75 | 4 | 6:75-4 |
| 6 | 75 | 5 | 6:75-5 |
| 6 | 75 | 6 | 6:75-6 |
| 6 | 75 | 7 | 6:75-7 |
| 6 | 76 | 0 | 6:76 |
| 6 | 77 | 0 | 6:77 |
| 6 | 78 | 0 | 6:78 |
| 6 | 83 | 0 | 6:83 |
| 6 | 84 | 0 | 6:84 |
| 6 | 85 | 0 | 6:85 |
| 6 | 86 | 0 | 6:86 |
| 6 | 87 | 0 | 6:87 |
| 6 | 88 | 0 | 6:88 |
| 6 | 89 | 0 | 6:89 |
| 6 | 90 | 1 | 6:90-1 |
| 6 | 90 | 2 | 6:90-2 |
| 6 | 90 | 3 | 6:90-3 |
| 6 | 90 | 4 | 6:90-4 |
| 6 | 90 | 5 | 6:90-5 |
| 6 | 90 | 6 | 6:90-6 |
| 6 | 90 | 7 | 6:90-7 |
| Plat | Lot | Sub | Plat Lot Sub |
| 6 | 90 | 8 | 6:90-8 |
| 6 | 90 | 9 | 6:90-9 |
| 6 | 90 | 10 | 6:90-10 |
| 6 | 90 | 11 | 6:90-11 |
| 6 | 90 | 12 | 6:90-12 |
| 6 | 90 | 13 | 6:90-13 |
| 6 | 92 | 0 | 6:92 |
| 6 | 93 | 0 | 6:93 |
| 6 | 94 | 0 | 6:94 |
| 6 | 96 | 0 | 6:96 |
| 6 | 97 | 0 | 6:97 |
| 6 | 98 | 0 | 6:98 |
| 6 | 99 | 0 | 6:99 |
| 6 | 100 | 0 | 6:100 |
| 6 | 101 | 0 | 6:101 |
| 6 | 102 | 0 | 6:102 |
| 6 | 103 | 0 | 6:103 |
| 6 | 104 | 0 | 6:104 |
| 6 | 105 | 0 | 6:105 |
| 6 | 106 | 0 | 6:106 |
| 6 | 107 | 0 | 6:107 |
| 6 | 108 | 0 | 6:108 |
| 6 | 110 | 0 | 6:110 |
| 6 | 111 | 0 | 6:111 |
| 6 | 112 | 0 | 6:112 |
| 6 | 113 | 0 | 6:113 |
| 6 | 114 | 0 | 6:114 |
| 6 | 115 | 0 | 6:115 |
| 6 | 116 | 0 | 6:116 |
| 6 | 117 | 1 | 6:117-1 |
| Plat | Lot | Sub | Plat Lot Sub |
| 6 | 117 | 2 | 6:117-2 |
| 6 | 118 | 0 | 6:118 |
| 6 | 119 | 0 | 6:119 |
| 6 | 120 | 0 | 6:120 |
| 6 | 121 | 0 | 6:121 |
| 6 | 122 | 0 | 6:122 |
| 6 | 123 | 0 | 6:123 |
| 6 | 125 | 0 | 6:125 |
| 6 | 127 | 1 | 6:127-1 |
| 6 | 127 | 2 | 6:127-2 |
| 6 | 129 | 0 | 6:129 |
| 6 | 130 | 1 | 6:130-1 |
| 6 | 130 | 2 | 6:130-2 |
| 6 | 131 | 0 | 6:131 |
| 6 | 132 | 0 | 6:132 |
| 6 | 133 | 1 | 6:133-1 |
| 6 | 133 | 2 | 6:133-2 |
| 6 | 134 | 0 | 6:134 |
| 6 | 135 | 0 | 6:135 |
| 6 | 136 | 0 | 6:136 |
| 6 | 138 | 0 | 6:138 |
| 6 | 139 | 0 | 6:139 |
| 6 | 140 | 0 | 6:140 |
| 6 | 141 | 0 | 6:141 |
| 6 | 142 | 0 | 6:142 |
| 6 | 143 | 0 | 6:143 |
| 6 | 146 | 0 | 6:146 |
| 6 | 147 | 0 | 6:147 |
| 6 | 148 | 0 | 6:148 |
| 6 | 149 | 0 | 6:149 |
| Plat | Lot | Sub | Plat Lot Sub |
| 6 | 150 | 0 | 6:150 |
| 6 | 151 | 0 | 6:151 |
| 6 | 152 | 0 | 6:152 |
| 6 | 153 | 0 | 6:153 |
| 6 | 154 | 0 | 6:154 |
| 6 | 155 | 0 | 6:155 |
| 6 | 156 | 0 | 6:156 |
| 6 | 157 | 0 | 6:157 |
| 6 | 158 | 0 | 6:158 |
| 6 | 159 | 0 | 6:159 |
| 7 | 1 | 1 | 7:1-1 |
| 7 | 3 | 0 | 7:3 |
| 7 | 6 | 0 | 7:6 |
| 7 | 7 | 0 | 7:7 |
| 7 | 8 | 0 | 7:8 |
| 7 | 9 | 0 | 7:9 |
| 7 | 10 | 0 | 7:10 |
| 7 | 11 | 0 | 7:11 |
| 7 | 12 | 0 | 7:12 |
| 7 | 15 | 0 | 7:15 |
| 7 | 16 | 0 | 7:16 |
| 7 | 17 | 0 | 7:17 |
| 7 | 19 | 0 | 7:19 |
| 7 | 20 | 0 | 7:20 |
| 7 | 21 | 0 | 7:21 |
| 7 | 22 | 0 | 7:22 |
| 7 | 23 | 0 | 7:23 |
| 7 | 24 | 0 | 7:24 |
| 7 | 26 | 0 | 7:26 |
| 7 | 27 | 0 | 7:27 |
| Plat | Lot | Sub | Plat Lot Sub |
| 7 | 30 | 0 | 7:30 |
| 7 | 31 | 0 | 7:31 |
| 7 | 32 | 0 | 7:32 |
| 7 | 33 | 0 | 7:33 |
| 7 | 34 | 1 | 7:34-1 |
| 7 | 34 | 2 | 7:34-2 |
| 7 | 35 | 0 | 7:35 |
| 7 | 36 | 0 | 7:36 |
| 7 | 37 | 0 | 7:37 |
| 7 | 38 | 0 | 7:38 |
| 7 | 39 | 0 | 7:39 |
| 7 | 44 | 0 | 7:44 |
| 7 | 45 | 0 | 7:45 |
| 7 | 47 | 0 | 7:47 |
| 7 | 48 | 0 | 7:48 |
| 7 | 49 | 0 | 7:49 |
| 7 | 50 | 0 | 7:50 |
| 7 | 52 | 0 | 7:52 |
| 7 | 53 | 0 | 7:53 |
| 7 | 54 | 0 | 7:54 |
| 7 | 55 | 0 | 7:55 |
| 7 | 56 | 0 | 7:56 |
| 7 | 57 | 0 | 7:57 |
| 7 | 58 | 0 | 7:58 |
| 7 | 59 | 0 | 7:59 |
| 7 | 60 | 0 | 7:60 |
| 7 | 61 | 0 | 7:61 |
| 7 | 63 | 0 | 7:63 |
| 7 | 64 | 1 | 7:64-1 |
| 7 | 64 | 2 | 7:64-2 |
| Plat | Lot | Sub | Plat Lot Sub |
| 7 | 66 | 0 | 7:66 |
| 7 | 67 | 0 | 7:67 |
| 7 | 68 | 0 | 7:68 |
| 7 | 69 | 0 | 7:69 |
| 7 | 70 | 0 | 7:70 |
| 7 | 71 | 0 | 7:71 |
| 7 | 73 | 1 | 7:73-1 |
| 7 | 73 | 2 | 7:73-2 |
| 7 | 74 | 0 | 7:74 |
| 7 | 75 | 0 | 7:75 |
| 7 | 76 | 0 | 7:76 |
| 7 | 77 | 0 | 7:77 |
| 7 | 78 | 0 | 7:78 |
| 7 | 80 | 0 | 7:80 |
| 7 | 83 | 0 | 7:83 |
| 7 | 85 | 0 | 7:85 |
| 7 | 86 | 0 | 7:86 |
| 7 | 87 | 1 | 7:87-1 |
| 7 | 87 | 2 | 7:87-2 |
| 7 | 87 | 3 | 7:87-3 |
| 7 | 88 | 0 | 7:88 |
| 7 | 90 | 0 | 7:90 |
| 7 | 91 | 0 | 7:91 |
| 7 | 92 | 0 | 7:92 |
| 7 | 94 | 0 | 7:94 |
| 7 | 95 | 0 | 7:95 |
| 7 | 96 | 0 | 7:96 |
| 7 | 103 | 0 | 7:103 |
| 7 | 110 | 0 | 7:110 |
| 7 | 114 | 0 | 7:114 |
| Plat | Lot | Sub | Plat Lot Sub |
| 7 | 120 | 0 | 7:120 |
| 7 | 122 | 0 | 7:122 |
| 7 | 128 | 0 | 7:128 |
| 7 | 130 | 0 | 7:130 |
| 7 | 135 | 0 | 7:135 |
| 7 | 137 | 0 | 7:137 |
| 7 | 142 | 0 | 7:142 |
| 7 | 148 | 0 | 7:148 |
| 7 | 149 | 0 | 7:149 |
| 7 | 150 | 1 | 7:150-1 |
| 7 | 150 | 2 | 7:150-2 |
| 7 | 151 | 0 | 7:151 |
| 7 | 152 | 0 | 7:152 |
| 7 | 153 | 0 | 7:153 |
| 7 | 154 | 0 | 7:154 |
| 7 | 155 | 0 | 7:155 |
| 7 | 156 | 0 | 7:156 |
| 7 | 159 | 1 | 7:159-1 |
| 7 | 159 | 2 | 7:159-2 |
| 7 | 160 | 0 | 7:160 |
| 7 | 162 | 0 | 7:162 |
| 7 | 163 | 0 | 7:163 |
| 7 | 164 | 0 | 7:164 |
| 7 | 165 | 0 | 7:165 |
| 8 | 84 | 1 | 8:84-1 |
| 8 | 84 | 2 | 8:84-2 |
| 8 | 84 | 3 | 8:84-3 |
| 8 | 84 | 4 | 8:84-4 |
| 8 | 84 | 5 | 8:84-5 |
| 8 | 84 | 6 | 8:84-6 |
| Plat | Lot | Sub | Plat Lot Sub |
| 8 | 84 | 7 | 8:84-7 |
| 8 | 214 | 1 | 8:214-1 |
| 8 | 214 | 2 | 8:214-2 |
| 8 | 214 | 3 | 8:214-3 |
| 8 | 214 | 4 | 8:214-4 |
| 8 | 214 | 5 | 8:214-5 |
| 8 | 214 | 6 | 8:214-6 |
| 8 | 214 | 7 | 8:214-7 |
| 8 | 215 | 0 | 8:215 |
| 8 | 217 | 1 | 8:217-1 |
| 8 | 217 | 2 | 8:217-2 |
| 8 | 217 | 3 | 8:217-3 |
| 8 | 217 | 4 | 8:217-4 |
| 8 | 217 | 5 | 8:217-5 |
| 8 | 217 | 6 | 8:217-6 |
| 8 | 218 | 0 | 8:218 |
| 8 | 219 | 1 | 8:219-1 |
| 8 | 219 | 2 | 8:219-2 |
| 8 | 219 | 3 | 8:219-3 |
| 8 | 220 | 1 | 8:220-1 |
| 8 | 220 | 2 | 8:220-2 |
| 8 | 222 | 0 | 8:222 |
| 8 | 223 | 0 | 8:223 |
| 8 | 224 | 0 | 8:224 |
| 8 | 225 | 0 | 8:225 |
| 8 | 226 | 0 | 8:226 |
| 8 | 227 | 0 | 8:227 |
| 8 | 228 | 0 | 8:228 |
| 8 | 229 | 0 | 8:229 |
| 8 | 230 | 0 | 8:230 |
| Plat | Lot | Sub | Plat Lot Sub |
| 8 | 231 | 0 | 8:231 |
| 8 | 232 | 0 | 8:232 |
| 8 | 233 | 0 | 8:233 |
| 8 | 234 | 0 | 8:234 |
| 8 | 235 | 0 | 8:235 |
| 8 | 236 | 0 | 8:236 |
| 8 | 237 | 0 | 8:237 |
| 8 | 238 | 0 | 8:238 |
| 8 | 239 | 0 | 8:239 |
| 8 | 240 | 0 | 8:240 |
| 8 | 241 | 0 | 8:241 |
| 8 | 242 | 0 | 8:242 |
| 8 | 243 | 0 | 8:243 |
| 8 | 244 | 0 | 8:244 |
| 8 | 245 | 0 | 8:245 |
| 8 | 246 | 0 | 8:246 |
| 8 | 247 | 0 | 8:247 |
| 8 | 248 | 0 | 8:248 |
| 8 | 249 | 0 | 8:249 |
| 8 | 250 | 0 | 8:250 |
| 8 | 251 | 0 | 8:251 |
| 8 | 252 | 0 | 8:252 |
| 8 | 253 | 0 | 8:253 |
| 8 | 254 | 0 | 8:254 |
| 8 | 255 | 0 | 8:255 |
| 8 | 256 | 0 | 8:256 |
| 8 | 256 | 1 | 8:256-1 |
| 8 | 256 | 2 | 8:256-2 |
| 8 | 256 | 3 | 8:256-3 |
| 8 | 256 | 4 | 8:256-4 |
| Plat | Lot | Sub | Plat Lot Sub |
| 8 | 256 | 5 | 8:256-5 |
| 8 | 258 | 0 | 8:258 |
| 9 | 10 | 1 | 9:10-1 |
| 9 | 10 | 2 | 9:10-2 |
| 9 | 11 | 0 | 9:11 |
| 9 | 12 | 0 | 9:12 |
| 9 | 13 | 1 | 9:13-1 |
| 9 | 13 | 2 | 9:13-2 |
| 9 | 14 | 0 | 9:14 |
| 9 | 92 | 0 | 9:92 |
| 9 | 93 | 1 | 9:93-1 |
| 9 | 93 | 2 | 9:93-2 |
| 9 | 93 | 1 | 9:93-5 |
| 9 | 94 | 0 | 9:94 |
| 9 | 95 | 0 | 9:95 |
| 9 | 98 | 0 | 9:98 |
| 9 | 99 | 0 | 9:99 |
| 9 | 100 | 0 | 9:100 |
| 9 | 101 | 0 | 9:101 |
| 9 | 131 | 0 | 9:131 |
| 10 | 1 | 0 | 10:1 |
| 10 | 2 | 0 | 10:2 |
| 10 | 3 | 0 | 10:3 |
| 10 | 6 | 0 | 10:6 |
| 10 | 8 | 0 | 10:8 |
| 10 | 9 | 0 | 10:9 |
| 10 | 10 | 0 | 10:10 |
| 10 | 12 | 0 | 10:12 |
| 10 | 13 | 0 | 10:13 |
| 10 | 14 | 0 | 10:14 |
| Plat | Lot | Sub | Plat Lot Sub |
| 10 | 16 | 0 | 10:16 |
| 10 | 17 | 0 | 10:17 |
| 10 | 18 | 0 | 10:18 |
| 10 | 19 | 0 | 10:19 |
| 10 | 19 | 1 | 10:19-1 |
| 10 | 19 | 2 | 10:19-2 |
| 10 | 19 | 3 | 10:19-3 |
| 10 | 19 | 4 | 10:19-4 |
| 10 | 19 | 5 | 10:19-5 |
| 10 | 19 | 6 | 10:19-6 |
| 10 | 19 | 7 | 10:19-7 |
| 10 | 20 | 0 | 10:20 |
| 10 | 23 | 1 | 10:23-1 |
| 10 | 23 | 2 | 10:23-2 |
| 10 | 23 | 3 | 10:23-3 |
| 10 | 36 | 0 | 10:36 |
| 10 | 38 | 0 | 10:38 |
| 10 | 40 | 0 | 10:40 |
| 10 | 41 | 0 | 10:41 |
| 10 | 42 | 0 | 10:42 |
| 10 | 43 | 0 | 10:43 |
| 10 | 68 | 1 | 10:68-1 |
| 10 | 68 | 2 | 10:68-2 |
| 10 | 68 | 3 | 10:68-3 |
| 10 | 68 | 4 | 10:68-4 |
| 10 | 68 | 5 | 10:68-5 |
| 10 | 68 | 6 | 10:68-6 |
| 10 | 69 | 1 | 10:69-1 |
| 10 | 72 | 0 | 10:72 |
| 17 | 7 | 1 | 17:7-1 |
| Plat | Lot | Sub | Plat Lot Sub |
| 17 | 7 | 2 | 17:7-2 |
| 17 | 7 | 3 | 17:7-3 |
| 17 | 33 | 1 | 17:33-1 |
| 17 | 33 | 2 | 17:33-2 |
| 17 | 33 | 3 | 17:33-3 |
| 17 | 33 | 4 | 17:33-4 |
| 17 | 34 | 0 | 17:34 |
| 17 | 35 | 0 | 17:35 |
| 17 | 36 | 0 | 17:36 |
| 17 | 37 | 0 | 17:37 |
| 17 | 38 | 0 | 17:38 |
| 17 | 39 | 0 | 17:39 |
| 17 | 40 | 0 | 17:40 |
| 17 | 41 | 0 | 17:41 |
| 18 | 1 | 0 | 18:1 |
| 18 | 2 | 1 | 18:2-1 |
| 18 | 2 | 2 | 18:2-2 |
| 18 | 2 | 3 | 18:2-3 |
| 18 | 2 | 4 | 18:2-4 |
| 18 | 2 | 5 | 18:2-5 |
| 18 | 2 | 6 | 18:2-6 |
| 18 | 2 | 7 | 18:2-7 |
| 18 | 2 | 8 | 18:2-8 |
| 18 | 2 | 9 | 18:2-9 |
| 18 | 2 | 10 | 18:2-10 |
| 18 | 2 | 11 | 18:2-11 |
| 18 | 2 | 12 | 18:2-12 |
| 18 | 2 | 13 | 18:2-13 |
| 18 | 2 | 14 | 18:2-14 |
| 18 | 2 | 15 | 18:2-15 |
| Plat | Lot | Sub | Plat Lot Sub |
| 18 | 2 | 16 | 18:2-16 |
| 18 | 2 | 17 | 18:2-17 |
| 18 | 2 | 18 | 18:2-18 |
| 18 | 2 | 19 | 18:2-19 |
| 18 | 2 | 20 | 18:2-20 |
| 18 | 2 | 21 | 18:2-21 |
| 18 | 2 | 22 | 18:2-22 |
| 18 | 2 | 23 | 18:2-23 |
| 18 | 2 | 24 | 18:2-24 |
| 18 | 2 | 25 | 18:2-25 |
| 18 | 2 | 26 | 18:2-26 |
| 19 | 1 | 0 | 19:1 |
| 19 | 2 | 0 | 19:2 |
| 19 | 3 | 0 | 19:3 |
| 19 | 5 | 0 | 19:5 |
Any subdivision or merger of individual lots within the water district boundaries shall not act to change the boundaries of the water district unless so changed by amendment of the ordinance and map.
All real and personal property, used or usable for the public water system, including all wells, pumps, mains and water service conduits, and all of the assets of the former Block Island Water Company, are hereby accepted and confirmed as property of the town to be administered by the town board of water commissioners on behalf of the town, as provided in chapter 18 of the Rhode Island Public Laws of 2000.
The boundaries of the water district may be changed, from time to time, by amendment of the ordinance from which this article was derived by the town council after recommendation from the board of water commissioners.
(a) The Block Island Water Company needs to prevent the resulting discoloration of the water in the downtown system during fire flow tests. For the summer season, no fire flow testing is permitted from June 15 to September 15 of any year.
(b) The Block Island Water Company needs two weeks' advance notice of any fire flow testing from September 16 to June 14 to provide notice to customers and schedule system flushing.
State law reference — Septic waste systems, G.L. 1956, § 45-24.5-1 et seq.
(a) This article has been drafted in accordance with and under the authority of the State of Rhode Island General Laws, Title 45, Chapter 24.5 entitled "Towns and Cities; Wastewater Management Districts". The authorizing state chapter shall be known and cited as the "Rhode Island Septic System Maintenance Act of 1987". It authorizes the passage of authorized representatives of the town, the town council or their designees, and licensed septage transporters onto private property for the periodic inspection, pumping, maintenance and repair of individual sewage disposal systems (ISDSs), now and hereinafter referred to as onsite wastewater treatment systems (OWTSs).
(b) Nothing in this act replaces or precludes any obligation of the owner to notify the RI Department of Environmental Management (RIDEM), the RI Department of Health, or the Coastal Resources Management Council.
The provisions of this article are based upon the following findings:
(1) The town's groundwater and surface water provide important natural and recreational resources, the protection of which is vital to the Island's economic and environmental well-being.
(2) In 1984, the United States Environmental Protection Agency (USEPA) designated all of New Shoreham a sole source aquifer (SSA) under the authority of the Safe Drinking Water Act. Certain land uses, and improperly functioning on-site wastewater treatment systems (OWTSs) pose a threat to the quality and quantity of the sole source aquifer.
(3) Block Island's aquifer is integrally connected with surface waters, streams, wetlands, the coastal ponds and the island's limited potable water supply. Groundwater generally flows towards and discharges to streams and ponds. Damage to any one component of this system could result in damage to another.
(4) Location of an OWTS in close proximity to wetlands and waterbodies or in constrained soils such as those with high water tables, seasonal flooding, and excessive or restrictive permeability, negatively affects the ability of an OWTS to treat wastewater.
(5) An OWTS, when improperly designed, installed, maintained or located, may contaminate surface water and groundwater.
(6) Contamination of the aquifer and related surface water poses a serious threat to the health, safety and financial well being of the town.
(7) According to the USGS report 94-4096 as amended, "Hydrogeology and Water Resources of Block Island, RI," water conservation and protection on the Island is of vital importance. Availability of fresh drinking water depends on:
a. Number, location, depth and pumping rate of wells;
b. Volume of groundwater discharged to the ocean by the wastewater treatment facility;
c. Volume and distribution of water discharged by an OWTS;
d. Effect of OWTS and other land uses on groundwater and surface water quality.
(8) Water treated by the wastewater treatment facility is discharged offshore and is presently unavailable for recharging the island's water supplies.
(9) The comprehensive plan states that any capacity expansions of the town's wastewater treatment facility should be used to support the land use objective of a compact town center. Outside of the town center OWTSs will continue to be the principal means of wastewater management.
(10) The town comprehensive plan establishes a water quality protection goal of maintaining existing high water quality for maximum protection of the island's limited water supplies and vulnerable unique natural habitat.
(11) In areas outside of the designated sewer area, OWTS maintenance, repair or replacement of a failing OWTS, water conservation, waste flow reduction measures, use of site appropriate, enhanced on-site wastewater treatment and land use and buffer requirements, all help to make OWTS an efficient and environmentally sound method of wastewater treatment. Enhanced on-site wastewater treatment also results in less site disturbance, a goal of the town comprehensive plan. Even properly functioning OWTSs, in soils typical of Block Island, remove only an estimated 10% to 20% of associated nitrogen. Excess nitrates contaminate drinking water and may indicate the presence of other contaminants. In salt water nitrogen results in habitat loss through the destruction eel grass beds and eutrophication. Poorly flushed estuarine coves exacerbate the nitrogen problem.
(12) "Water Quality Impacts of Changing Land Use on Block Island" (URI Cooperative Extension, 1996) assesses potential changes in pollutant inputs given projected growth. This study also demonstrates the beneficial impact of various wastewater management options. It demonstrates that existing water quality can be maintained only if there is enhanced treatment of the OWTS effluent for certain areas of existing and future construction.
(13) In recent years, OWTS technology for enhanced treatment of wastewater has progressed rapidly, providing for improved and cost-effective nutrient and pathogen removal. Enhanced treatment is needed to reduce nitrogen in wastewater and to enhance pathogen removal, particularly in high water table areas and areas with either excessively permeable or slowly permeable soils.
(14) Innovative dispersal trench options such as shallow, pressurized dispersal trenches into which treated wastewater is discharged provide additional cost-effective opportunities for nutrient and pathogen removal in biologically active near-surface soils and require minimal site disturbance.
(a) The town council hereby finds that on-site wastewater treatment systems (OWTSs) or septic systems are prone to failure with age, outmoded design, overuse or improper installation, repair and maintenance. OWTS failure poses a risk to public health and a potential contamination source to the surface waters, groundwater and the salt and estuarine waters of the town. The purpose of this article is to establish a wastewater management program (WMP). Under this program, all OWTS in the town are to be properly operated, regularly inspected, and routinely maintained to prevent malfunctioning systems and to serve, where appropriate, as an alternative to municipal sewer systems.
(b) When properly designed, used, maintained and installed, OWTS provide a viable and cost-effective alternative to municipal sewers. Furthermore, within groundwater recharge areas, OWTSs help to maintain the hydrological balance by reducing the transport of water out of the recharge area.
(c) This program provides a framework for the efficient inspection, repair and maintenance of septic systems in the town. It is the homeowner's responsibility, however, to ensure that their system is well-maintained and properly functioning.
(a) Any term not defined herein shall be governed by the definition as it appears in the current Rhode Island Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems.
(b) The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
ALTERNATIVE OWTS COMPONENT — Means any part of an OWTS that does not meet the design or construction requirements as provided by the OWTSs rules, but has been demonstrated through field testing, calculations and other engineering evaluations to be equal to, or provide the equivalent performance of, any part of an OWTS within the OWTSs rules or to enhance or facilitate treatment, maintenance, longevity or efficiency of an OWTS, and for which a certification from DEM has been issued.
ALTERNATIVE TECHNOLOGY — Means any OWTS technology for which design parameters are not specified in the OWTSs rules, but has been demonstrated through field testing, calculations and other engineering evaluations to comply with performance standards consistent with the OWTSs rules, and for which a certification from DEM has been issued.
APPLICANT — Means the owner or owners of the property or easement that is the subject of the application, or it must be the person who holds a valid purchase and sales agreement for said property.
AREA SUBJECT TO STORM FLOWAGE — Means drainage swales and channels which lead into, out of, pass through, or connect other watercourses, and which carry flows resulting from storm events but may remain relatively dry at other times.
BEDROOM — Means any room in a residential structure which is greater than 70 square feet in area, which is susceptible to present or future use as a private sleeping area and which satisfies all of the following requirements:
(1) Has at least one window that meets the 4.4 square foot minimum size and all other requirements of the Rhode Island State Building Code SBC-1 or SBC-2;
(2) Has at least one interior method of entry and egress, excluding closets and bathrooms, allowing the room to be closed off from the remainder of the residence for privacy; and
(3) Is a heated living space that is unrestricted for year-round use. Rooms located below grade that are not recognized as bedrooms by the Rhode Island State Building Code SBC-1 or SBC-2 are not recognized as bedrooms under these rules.
BLACKWATER — Means liquid and solid human body waste and the carriage waters generated through toilet usage.
BUILDING RENOVATION — Means any addition, replacement, demolition reconstruction and/or modification of an existing structure.
BUILDING SEWER — Means the pipe that begins outside the building foundation wall and extends to the septic tank, the pipe that begins outside the building foundation wall and extends to the grease tank, the pipe from a grease tank to a septic tank, or the pipe carrying laundry wastes directly to a leachfield.
CESSPOOL — Means any buried chamber, including, but not limited to, any perforated metal tank, perforated concrete vault or covered hollow or excavation, which receives discharges of wastewater from a building sewer for the purpose of collecting solids and discharging liquids to the surrounding soil.
CHANGE OF USE — Means any change in use or occupancy of any structure or part thereof which would violate any provision of the Rhode Island State Building Code, G.L. 1956, ch. 23-27.3, as amended, or any regulation promulgated thereto without first obtaining a certificate of occupancy indicating that the structure complies with the provisions of the State Building Code for the proposed new use. Change of use shall also be held to mean a conversion of a seasonally used structure to a structure for year-round use.
COASTAL SHORELINE FEATURE — Means a part of the shore as categorized by the state coastal resources management program using the following categories: coastal beaches, barrier islands and spits; coastal wetlands; coastal headlands, bluffs and cliffs; rocky shores; manmade shorelines; and dunes.
CONTAMINANT — Means any physical, chemical, biological or radiological substance which enters the hydrological cycle through human action and may cause a deleterious effect on groundwater and/or surface water resources; it shall include but not be limited to hazardous waste, limiting nutrients and sanitary sewage.
CRITICAL RESOURCE AREA — Means sensitive land and water resources that provide unique habitat and/or important ecological or economic functions. Such areas include, but are not necessarily limited to habitat for rare and endangered species, coastal and freshwater wetlands, aquaculture areas, wellhead protection areas, watersheds of surface water reservoirs, and prime agricultural lands.
DEPARTMENT OR RIDEM — Means the state department of environmental management.
DIRECTOR — Means the director of the state department of environmental management or any subordinate(s) to whom the director has delegated the powers and duties vested in him/her pursuant to G.L. 1956, chs. 46-12 and 42-17.1, as amended, or any other duly authorized agent.
DISPERSAL TRENCH — Means a shallow ditch with vertical sides, filled with stone, in which a single perforated distribution line or other suitable distribution device is laid and over which a cover of earth is placed.
DISTRIBUTION BOX — Means a watertight compartment that receives effluent and distributes it in approximately equal portions to two or more distribution lines leading to some type of leachfield.
DISTRIBUTION LINE — Means the imperforated and perforated pipe or other suitable distribution device used to disperse effluent that extends from the distribution box.
DOSING — Means the pumped or regulated flow of wastewater.
EXPERIMENTAL TECHNOLOGY — Means any OWTS technology that does not meet the location, design or construction requirements as provided by these rules, but has been demonstrated in theory to meet the requirements of these rules and may not be in use in the state or elsewhere as an approved technology for wastewater treatment.
FAILED OWTS — Means any OWTS that does not adequately treat and disperse wastewater so as to create a public or private nuisance or threat to public health or environmental quality, as evidenced by, but not limited to, one or more of the following conditions:
(1) Failure to accept wastewater into the building sewer;
(2) Discharge of wastewater to a basement; subsurface drain; stormwater collection, conveyance or treatment device; or watercourse unless expressly permitted by the department;
(3) Wastewater rising to the surface of the ground over or near any part of OWTS or seeping from the absorption area at any change in grade, bank or road cut;
(4) The invert of the inlet or the invert of the outlet for a septic tank, distribution box, or pump tank is submerged;
(5) The liquid depth in a cesspool is less than six inches from the inlet pipe invert;
(6) Pumping of the cesspool or septic tank is required more than two times per year;
(7) OWTS is shown to have contaminated a drinking water well or watercourse;
(8) If a septic tank, pump tank, distribution box, or cesspool is pumped and groundwater seeps into it;
(9) Any deterioration, damage, or malfunction relating to any OWTS that would preclude adequate treatment and dispersal of wastewater; or
(10) Excessive solids are evident in the distribution box or distribution lines.
FLOODPLAIN — Means that land area adjacent to a river or stream or other body of flowing water which is, on the average, likely to be covered with floodwaters resulting from a 100-year frequency storm. A 100-year frequency storm is one that is to be expected to be equaled or exceeded once in 100 years; or may be said to have a 1% probability of being equaled or exceeded in any given year. Rainfall intensity data for a 100-year frequency storm are those established for New England locations by the National Weather Service.
FOUNDATION DRAIN — Means any mechanical or gravity drainage system, including all porous media installed to facilitate drainage, that lowers the groundwater elevation beneath a building foundation and which has an outlet for the collected groundwater.
FRESHWATER WETLAND — Is defined as set forth in G.L. 1956, § 2-1-20(4), as amended, and as further defined by the department's Rules and Regulations Governing the Administration and Enforcement of the Fresh Water Wetlands Act. The term shall further be held to include those wetland types defined by the remainder of G.L. 1956,
§ 2-1-20, and the wetland regulations, including, but not limited to: marshes, swamps, bogs, ponds, rivers, river and stream floodplains and banks, areas subject to flooding or stream water, including rivers and streams, and that area of land within 50 feet of the edge of any bog, marsh, swamp or pond or that area within 100 feet of a flowing body of water less than 10 feet wide or that area within 200 feet of a flowing body of water greater than 10 feet in width.
GRAYWATER — Means wastewater drained from sinks, tubs, showers, dishwashers, clothes washers, and other nontoilet sources.
GROUNDWATER TABLE — Means the upper surface of the zone of saturation in an unconfined aquifer; includes a perched groundwater table.
HAZARDOUS WASTE — Means:
(1) Wastes which include, but are not limited to, those which are toxic, corrosive, flammable, or reactive; or
(2) Wastes such as are defined under § 3.25 of the state department of environmental management Rules and Regulations for Hazardous Waste Generation, Transportation, Treatment, Storage and Disposal.
HOLDING TANK — Means a closed watertight structure used to contain wastewater prior to being removed from the premises. A holding tank does not discharge wastewater to the surface of the ground or to the subsurface.
HUMAN-TRANSPORTED MATERIAL — Means any materials, other than those emplaced pursuant to the OWTSs rules, including but not limited to artifacts, organic materials, soil, rock, or sediment moved horizontally by directed human activity.
INVERT — Means the lowest portion of the interior of a pipe or fitting.
LEACHFIELD — Means a group of one or more dispersal chambers or trenches designed for the final treatment and dispersal of wastewater into the underlying soil. The leachfield shall be held to mean the horizontal and vertical lines circumscribing the outermost edges including the area between the chambers or trenches and the depth to the bottom of stone.
MAINTENANCE — Means the regular cleaning of any concrete chamber, cesspool, septic tank, building sewer, distribution lines or any other component of an OWTS for the purpose of removing accumulated liquid, scum or sludge. The term "maintenance" also includes regularly required servicing or replacement of any related mechanical, electrical, or other component equipment.
MALFUNCTIONING OWTS — A malfunctioning system shall be synonymous with failed OWTS.
NITROGEN REDUCING TECHNOLOGY — Means a wastewater treatment technology that is accepted by the department as capable of reducing the total nitrogen concentrations by at least 50% and meeting an effluent concentration of less than or equal to 19 mg/l.
ON-SITE WASTEWATER TREATMENT SYSTEM (OWTS) — Means any system of
piping, tanks, dispersal areas, alternative toilets or other facilities designed to function as a unit to convey, store, treat or disperse wastewater by means other than discharge into a public sewer system.
OWNER — Means any person who holds legal title to any real property; or has possession or control of any real property through any agent, executor, executrix, administrator, administratrix, trustee or guardian of the estate of a holder of a legal title. Each such person is bound to comply with the provisions of these rules.
PERSON — Means any individual, group of individuals, firm, corporation, association, partnership or any federal, state or municipal governmental entity.
PRIVATE DRINKING WATER WELL — Means any manmade opening into the ground developed for the purpose of meeting a person's current potable drinking water needs provided said well does not supply a public water system. This definition shall include proposed private drinking water wells on an applicant's property and on other properties with an approved OWTS permit. Wells serving nonpotable or nondrinking water needs are not considered private drinking water wells under either this article or the OWTS's rule. A well on a property that is served by a public water system is not considered a private drinking water well under the OWTS's rule.
PUBLIC DRINKING WATER SUPPLY WELL OR PUBLIC WELL — Means any
manmade opening into the ground developed for the purpose of meeting all or part of public water system needs.
PUBLIC WATER SYSTEM — Means any water system that provides piped water to the public for human consumption, provided that such system has at least 15 service connections or serves an average of 25 individuals daily at least 60 days out of the year. A public water system shall include all sources and facilities involved in collecting, treating, storing and distributing the water.
PUMP TANK — Means a watertight structure equipped with one or more pumps designed to discharge wastewater intermittently into a leachfield.
REPAIR — Means any work performed on an OWTS in order to mend or renovate a specific defect or deficiency after the failure, injury, deterioration or partial destruction of a previously existing OWTS or component thereof. A repair includes any upgrade or modernization of an OWTS (e.g., replacement of cesspool). A repair shall not include any work performed on an existing OWTS that increases the flow capacity of the system.
RESIDENCE — Means any structure used for housing purposes, including, but not limited to, single- or multiple-family dwellings, duplexes, tenements, apartment buildings, residential condominiums, mobile homes, recreational vehicles or trailers.
SEASONAL HIGH GROUNDWATER TABLE — Means the elevation of the groundwater table during that time of the year at which it is highest as determined by direct observation or by interpretation of hydromorphic features in the soil profile.
SEPTAGE — Means any solid, liquid or semi-solid removed from septic tanks, cesspools, privies, domestic wastewater holding tanks or other similar on-site wastewater treatment systems.
SEPTIC TANK — Means a watertight receptacle which receives the discharge of wastewater from a building sewer, and is designed and constructed to permit the deposition of settled solids, the digestion of the matter deposited, and the discharge of the liquid portion into the next treatment component or distribution box.
SEPTIC TANK EFFLUENT PIPE — Means the gravity-flow pipe that begins at the outlet of the septic tank or other treatment tank and extends to the next treatment component or distribution box.
STORM DRAIN — Means any pipe or structure designed to collect, carry and divert surface water runoff.
STRUCTURE — Means any residence (as defined herein), building, garage, shack, trailer or other permanent or semi-permanent facility, whether commercial or noncommercial in use, which is proposed to be placed or has been built or otherwise placed on a parcel of real property.
SUBSURFACE DRAINS — Means any system of below-surface piping or highly permeable material intended to lower the groundwater table of an area, and which has an outlet to the surface for the collected groundwater.
TRIBUTARY — Means any flowing body of water or watercourse that provides intermittent or perennial flow to down-gradient watercourses that eventually discharge to the waters of concern (e.g., reservoir impoundment or salt pond).
TRIBUTARY WETLAND — Means freshwater wetlands within a watershed that are connected via a watercourse to the waters of concern (e.g., drinking water supply impoundment or coastal wetland or tidal waters).
VIOLATION — Means:
(1) Failure to comply with and adhere to the rules and regulations set forth in this article.
(2) The improper discharge of wastewater from a failed OWTS.
WASTEWATER — Means human or animal excremental liquid or substance, putrescible animal or vegetable matter or garbage and filth, including, but not limited to, water discharged from toilets, bathtubs, showers, laundry tubs, washing machines, sinks, and dishwashers. Both blackwater and graywater are considered wastewater under these rules.
WASTEWATER MANAGEMENT AREA (WWMA) — Means the entire town of New Shoreham where the proper operation and maintenance of an OWTS will be required and which is further defined in accordance with the provisions of this article.
WASTEWATER MANAGEMENT INSPECTOR OR HIS/HER DESIGNEE — Means
the town employee whose duty it is to supervise the day-to-day administration of the wastewater management program, the wastewater management office and the provisions of this article. The wastewater management inspector or his/her designee shall serve as the enforcement officer pursuant to the authority granted under this article and any regulations adopted pursuant to this article.
WASTEWATER MANAGEMENT OFFICE (WWMO) — Means the administrative body established by the town for the day-to-day administration and enforcement of the wastewater management program and the provisions of this article.
WATER SUPPLY PROTECTION PROGRAM (WSPP) — Mean an islandwide
program of various zoning and subdivision regulations, ordinances, educational programs and management practices that are designed to protect the integrity of Block Island's groundwater and surface water reservoirs.
WATERCOURSE — Means any river, stream, brook, pond, lake, swamp, marsh, bog, fen, wet meadow, area subject to storm flowage, or any other standing or flowing body of water, including such watercourses that may be affected by the tides.
WELLHEAD PROTECTION AREA (WPA) — Means the critical portion of a three- dimensional zone surrounding a public well or wellfield, through which water will move towards and reach such well or wellfield as designated by the director of RIDEM in the RIDEM Rules and Regulations for Groundwater Quality or as adopted by the town.
The wastewater management program (WMP) shall encompass the town. Under this article, the town shall have jurisdiction to ensure the operation and maintenance of all existing and future OWTSs on the island. When necessary this article authorizes the passage of designated town officials and licensed/permitted septage transporters onto private property for the periodic inspection, maintenance, pumping and/or repair of OWTSs within the WMP area.
(a) Septage disposal. Septage or contents pumped from an OWTS shall be discharged at the town wastewater treatment facility.
(b) Septic tank additives and improper discharges to OWTS. The use of any septic tank additives, not specifically permitted by RIDEM, or the wastewater management office including, but not limited to acids and/or organic chemicals is prohibited. The disposal of hazardous wastes to an OWTS shall also be prohibited. Backwash from a water filtration system into a septic tank is harmful to the operation of the OWTS and is best discharged to a separate infiltration line. There shall be no discharge of rainspouts, basement sumps, floor drains, or any other approved drains to an OWTS.
(c) Accessibility. To help locate and facilitate the inspection and pumping of a septic tank and ultimately to increase the longevity of the OWTS, all septic tanks installed, repaired or altered after the effective date of this article, shall be equipped with access risers to grade located at the inlet and outlet ends of the septic tank and an effluent filter located at the outlet end of the septic tank. These access risers shall be a minimum of 20 inches in diameter. These items shall be installed in accordance with specifications available from the building official, the wastewater management inspector or their designee and/or the town council. The owner shall maintain the OWTS so that it is readily accessible for inspection and maintenance. For new construction, the placement of swimming pools, patios, driveways, or other impervious surfaces over the septic tank is prohibited. Variances for unusual circumstances may be considered.
(d) Garbage disposal. Garbage disposals and macerator pumps can reduce the efficient functioning of a septic system. Garbage disposal and macerator pump discharges to an OWTS shall be prohibited.
(e) Trees and shrubs. The owner shall keep trees and shrubs at a minimum of 10 feet from the leaching area to keep roots from clogging or disturbing the OWTS.
(f) Water saving devices. Water saving devices shall be required on all appropriate fixtures as per the RI State Building Code.
(g) Location, setbacks and alternative OWTS. Location of OWTSs, setbacks from critical resource areas and requirements for alternative OWTSs are governed by § 506 of the town zoning ordinance (appendix E to this Revision). All OWTSs will include plat and lot, identification.
(h) Leachfields. The use of deep concrete chambers (galley), as described in the rule 34 of the OWTS rule as a means of treating wastewater effluent shall be prohibited for OWTS applications for new building construction and OWTS applications for alterations to a structure. Deep concrete chambers will not be permitted except for OWTS applications for repair when no other type of leachfield can be utilized. The licensed designer must demonstrate that the repair alternatives to a deep concrete chamber are not feasible.
(i) Occupancy and use. At no time during the year should an OWTS be used by more persons than the system is designed to accommodate.
This article authorizes the passage of authorized representatives of the town, the wastewater management office, employees, or their specifically designated agents, and licensed/permitted septage transporters, onto private property when necessary for the periodic inspection, pumping, maintenance and repair of OWTS.
(1) OWTS inspections.
a. All OWTSs shall be subject to onsite inspections by the wastewater management office or its designee.
b. The purpose of OWTS inspections is to assess the condition of the OWTS and provide the wastewater management office with the technical and background information needed to determine the maintenance requirements for each system in the town, and/or the need for system upgrade or replacement. The initial inspection to be scheduled will be the first maintenance (baseline) inspection. Subsequent inspections will generally be routine maintenance inspections unless there is a system failure. Maintenance requirements shall be based upon inspection results. Inspections between pumpouts for a particular system may be limited to sludge, liquid and scum measurements. More thorough inspection procedures may be undertaken at, or shortly following, system pumping. After an OWTS has been inspected the owner will receive an inspection report from the wastewater management inspector or his/her designee detailing the findings, including any corrective actions, maintenance requirements, and the timeframe for the next inspection and/or corrective actions.
c. For compliance with the town zoning ordinance § 506 (appendix E of this Code), the inspections will be done by the wastewater management inspector (a town employee), or their designee. The inspector and any designee shall have completed the basic level courses to be accredited through the University of Rhode Island Onsite Wastewater Training or an equivalent training program.
(2) Inspection frequency. Inspection frequency and schedule shall be established by the wastewater management office, or its designee, and shall give first priority to areas such as critical resource areas, areas with a history of failure, high seasonal use or frequent pumping. At a minimum all OWTS shall be subject to onsite inspections once every three years, or more frequently as determined by the wastewater management office or its designee. The wastewater management office shall provide the OWTS owner a written notice that the OWTS requires inspection. Inspections must be scheduled by the OWTS owner within 30 days of the date of notice. The notice may require the OWTS owner to provide basic OWTS and site information to the wastewater management office and/or the wastewater management inspector. Failure to schedule and/or present a system for inspection shall be deemed a violation of this article.
(3) Inspection records.
a. A standard OWTS inspection form shall be developed by the wastewater management office, and the completed inspection form shall be kept on file for each OWTS inspected. The owner of the real property shall provide the wastewater management office, or its designee, with any pertinent information that the owner has regarding the use, age, location, maintenance history, design, plat and lot number, RIDEM and/or CRMC permit number, engineering plans, etc. of the OWTS. The completed inspection form shall contain sufficient information upon which to base the maintenance and/or upgrade requirements for the OWTS. The completed inspection form sent to the owner, the town council, and building official within 10 days of inspection. The completed inspection form may report on the following applicable information:
1. Owner's name;
2. Utility pole number, or fire number;
3. Owners' telephone number (if available);
4. Owner's on and off-island contact information (if available);
5. Owner's agent contact information;
6. Person(s) (and title) conducting the inspection;
7. Date when each OWTS has been inspected and pumped;
8. Results of the inspection;
9. Date when OWTS is due to be inspected or pumped again;
10. Maintenance requirements for the OWTS;
11. OWTS location (rough sketch, yet accurate representation of location of system, including swing ties from the foundation to the septic tank cover and other critical components of the system);
12. Type of OWTS;
13. Approximate size of septic tank;
14. Physical condition of inlet and outlet baffles, filters, and risers;
15. Presence of garbage disposal device;
16. Septic tank levels;
17. Surface breakout onto the ground surface;
18. Lush plant growth over and near the septic tank or leach field;
19. Odor;
20. Presence of trees or shrubs within 10 feet of the leach field;
21. Presence of impervious areas over the leach field or septic tank;
22. Discharge of septage onto the surface of the ground or into any surface water;
23. Site conditions such as new construction, new living units, in-law apartment and encroachments onto leach field area; and
24. Any recommendations of the inspector to bring the OWTS into compliance with rules and regulations of the state department of environmental management, this article, and the requirements for governed by § 506 of the town zoning ordinance (appendix E of this Code).
b. The completed inspection form shall be mailed to the address(es) maintained by the town tax assessors office, unless otherwise specified in writing by the owner and/or the owner's agent.
(a) Maintenance schedule.
(1) The wastewater management office shall determine the OWTS maintenance and pumping requirements for each system based upon the results of the inspections.
a. Following each inspection of an OWTS by the wastewater management office, or its designated agent, the owner will be given a completed inspection report as described in subsection 19-275(3) of this article, indicating the condition and the maintenance and pumping requirements of that particular system. The owner shall arrange such pumping with a licensed/permitted septage transporters within 30 days of the stipulated date. Failure to pump within 30 days of the stipulated date shall be deemed a violation of this article, and may result in the issuance of a notice of violation and/or the OWTS may be pumped at the direction of the wastewater management office pursuant to subsection 19-277(a) of this article.
b. Once pumped, a dated notice of such pumping must be presented to the wastewater management office by the property owner or the sewer superintendent or designee. This notice shall include the plat, lot and fire number where the OWTS was serviced. Such maintenance and pumping schedules shall supersede any preexisting town maintenance and/or pumping agreements that may be in effect.
c. Septic tanks are required to be pumped when the combined depth of sludge and scum layer reaches 25% to 33% of the tank's capacity.
(2) All systems with pumps and/or electrical components (for example T2 and alternative OWTSs) are mandated to have a written maintenance contract for those components. Any system with a mechanical component, regardless of age, is mandated to have a mechanical maintenance contract. Only persons accredited to perform OWTS maintenance work, or the manufacturer's representative, shall fulfill the contracted requirements. Maintenance contractors must register with the wastewater management office at town hall. A list of approved maintenance contractors is available at the wastewater management office. All maintenance contracts must be registered with the wastewater management office. Failure to comply with any requirement in this subsection (a)(2) shall be deemed a violation of this article, and may result in the issuance of a notice of violation.
(b) Change in inspection or maintenance schedule.
(1) The wastewater management office, with due cause and upon written notification to the owner, may change the inspection and/or maintenance requirements and schedule of an OWTS, where such a change is deemed necessary for the proper functioning of the OWTS. This may occur due to circumstances such as changes in household occupancy, seasonal use, rental status, water consumption, system functioning, site characteristics or other significant element of the inspection report.
(2) Likewise, the owner may petition the wastewater management office to alter the inspection and/or maintenance schedule. The owner must demonstrate, through the use of appropriate site data and household information, that such a change in the requirements would still ensure the proper operation of the OWTS and fulfill the intent of this article. Information to be used by an owner in the petition may include OWTS inspection records and site data such as soils, water table, household information, seasonal use, water use, etc.
(c) Immediate need to pump.
(1) If an inspection reveals that an OWTS needs immediate pumping to avert a potential endangerment to the environment, and/or the public's health and safety, the wastewater management office shall send the town council, and the owner, or the owner's agent, a written notice and a copy of the inspection report allowing the owner, or the owner's agent, five days to pump the system and to present evidence of such pumping to the wastewater management office in the form of a receipt from the superintendent or designee.
(2) If an inspection reveals that an OWTS presents an imminent endangerment to the environment, and/or the public's health and safety, the wastewater management office shall attempt to contact the owner or the owner's agent to have the system pumped within 12 hours, or less if deemed necessary by wastewater management office or its designee, and to present evidence of such pumping to the wastewater management office in the form of a receipt from the sewer superintendent or designee.
(a) Failure to pump. If proof of system pumping ordered under § 19-276 of this article is not received by the wastewater management office within 30 days of the time frame within which a non-emergency system was to be pumped, or within the five days ordered under subsection 19-276(c)(1) of this article, or within the 12 hours ordered under subsection 19-276(c)(2) of this article, the wastewater management office will hire a licensed/permitted septage transporter to pump the OWTS and the owner will be billed by the wastewater management office. The bill will include the actual cost of pumping as well as associated administrative costs. The owner will be notified in writing of the intended date and time of such pumping, and provided a copy of the inspection report necessitating the pumping, and a brief description of the wastewater management office's efforts to contact the owner or the owner's agent to have the OWTS pumped.
(b) Failure to pay pumping bill. Failure to pay a bill incurred by the wastewater management office for the pumping of the OWTS may result in a fine and/or a lien on the owner's property by the town council. The OWTS owner shall be responsible for all associated administrative and court costs.
(c) Notice of violation. If upon inspection any owner of an OWTS is determined to be in violation of these regulations, other than pumping, a written notice of violation shall be issued by the building official, the wastewater management inspector or their designee. Notice of violations shall be issued in the following manner:
(1) First notice of violation. The first notice of violation shall be sent by the wastewater management office, or its designated agent, to the owner and/or the owner's agent by regular mail, and by certified mail, return receipt requested. The wastewater management office, or its designated agent, shall complete an affidavit of service by mail, which shall be kept on file. The first notice of violation shall include the following information:
a. A copy of the inspection report containing applicable information specified in subsection 19-275(3)a of this article;
b. The nature of the violation, including a reference to the particular sections of the statutes, ordinance, rule, and regulations involved;
c. Required corrective action(s);
d. A reasonable time frame for compliance;
e. The right to request an administrative hearing within 30 days, as provided in subsection (g) of this section and § 1.3 of the Wastewater Management Regulations, and the right to request a hearing and appeal within 30 days as provided in subsection (h) of this section, and § 1.4 of the Wastewater Management Regulations;
f. The possible consequences for noncompliance, including the issuance of a second notice of violation, which may result in the assessment of fines/ penalties and/or injunctive relief.
The wastewater management office shall forward a copy of the first notice of violation to the town council and building official.
(2) Second notice of violation. The second notice of violation shall be sent by the wastewater management office, or its designated agent, to the owner and/or the owner's agent by regular mail, and by certified mail, return receipt requested. The wastewater management office, or its designated agent, shall complete an affidavit of service by mail, which shall be kept on file. The second notice of violation shall include the following information:
a. The information and/or documents provided in the first notice of violation;
b. A copy of the first notice of violation;
c. The possible consequences for noncompliance, including:
1. Assessment of fines/penalties as prescribed in subsection (f) of this section, and § 2.5 of the Wastewater Management Regulations;
2. Injunctive relief as prescribed in subsection [19-278(b)(2)a.1.i] of this article.
d. If applicable, that the violation presents and imminent endangerment to the environment, and/or the public's health and safety, and the wastewater management office wastewater management office may hire a licensed/ permitted septage transporter to pump the OWTS, pursuant to § 19-276(c) of this article.
e. The date, time, and location of the town council's hearing, whereupon:
1. The town council shall determine whether to assess fines/penalties, and the amount said fines/penalties associated with the noticed violation(s).
2. The assessment of fines/penalties shall begin to accrue upon the final decision of the town council on the record.
The wastewater management office shall forward a copy of the second notice of violation to the town council and building official, and record the second notice of violation in the town's land evidence records.
(3) A hearing or an appeal of a notice of violation may be requested by the appellant before the town council, as otherwise provided by law and as further defined in subsection (h) of this section.
(4) All notice of violations shall be mailed to the address(es) maintained by the town tax assessors office, unless otherwise specified in writing by the owner and/or the owner's agent.
(d) Failed OWTS. If an inspection and/or pumping record reveals a malfunctioning or failing OWTS, the owner shall be issued a copy of the inspection report, and a notice of violation to repair or replace the system as necessary. A copy of said report and notice of violation shall also be sent to the building official, the wastewater management inspector or their designee, the town council, and the department of environmental management division (RIDEM) office of water resources OWTS program. The owner shall be given 30 days to contact RIDEM and apply for a permit to repair or replace the system as necessary. A copy of the application to RIDEM shall be provided to the building official, the wastewater management inspector or their designee. A time limit to complete any needed repairs shall be established on a case- by-case basis. Notification of RIDEM by the Building Official, the Wastewater Management Inspector or their designee does not replace or preclude the obligation of the owner to notify the RIDEM office of water resources OWTS program.
(e) Failure to repair or replace an OWTS. In the case of a violation, if the OWTS owner fails to accomplish the repairs to or replacement of the OWTS within the time schedule established, the building official, the wastewater management inspector or their designee will take appropriate enforcement action, including proceedings for injunctive relief, as prescribed in subsection [19-278(b)(2)a.1.i] of this article. Further, the building official will take the enforcement action provided for in the state building code.
(f) Penalties.
(1) Property owners shall be required to present their system for inspection to the wastewater management inspector within 30 days of the issuance of a written notice for inspection from the wastewater management office; failure to respond to this requirement will be deemed a violation of this wastewater management article. Property owners shall be required to pump their system within 30 days of the issuance of a written notice to pump from the wastewater management office; failure to respond to this requirement will be deemed a violation of this wastewater management article.
(2) Any person neglecting or refusing to comply with a second notice of violation issued under the provisions of this article may be fined not more than $100 per violation per day of outstanding violation. Each day of continuing violation shall constitute a separate and distinct violation. Fines issued under this article shall not exceed $500 per violation by the town council after hearing thereon. Each day of a continuing violation may be construed to constitute a separate and distinct violation. All fees/fines shall be returned to the wastewater management office for the administration and implementation of the wastewater management program.
(3) Before the assessment of any fine/penalty or fee, the town council shall schedule a hearing to determine whether to assess fines, and the amount fine to be assessed. Notice of the hearing shall be mailed to the violator at least 10 days prior to the date set. All notifications shall be mailed to the address(es) maintained by the town tax assessors office, unless otherwise specified in writing by the violator and/or his/her agent.
(g) Administrative meeting. Any owner of an OWTS who is aggrieved by any action or finding of the wastewater management office, or its designee, shall have the right to an administrative meeting before the wastewater management inspector, or his/her designee. An administrative meeting shall be convened within 30 days following the request or earlier whenever possible. Persons are encouraged to resolve issues on the administrative level before requesting a hearing before the town council.
(h) Hearing.
(1) Any owner of an OWTS who is cited for a violation of this article shall have the right to a hearing before a quorum of the town council. A request for such a hearing must be made within 30 days of receipt of the notice of violation or written notice, and shall be filed with the wastewater management office, which shall be forwarded forthwith to the town council.
a. Upon receipt of an appeal, the town council shall require the wastewater management office to transmit forthwith to the town council all papers, documents and plans, or a certified copy thereof, constituting the record of the action which is being appealed.
b. An appeal shall stay all proceedings in furtherance of the action being appealed. Under no circumstances, however, shall an OWTS that presents an imminent endangerment to the environment, and/or the public's health and safety be allowed to continue to do so during the appeal process.
(2) The town council shall schedule a hearing on such an appeal within 30 days of receipt of the notice of appeal. Notice of the hearing shall be sent to the appellant at least 10 days prior to the date set. The notice shall include:
a. A statement of the time, place, and nature of the hearing;
b. A statement of the legal authority and jurisdiction under which the hearing is to be held;
c. A reference to the particular sections of the statutes, ordinance, rule, and regulations involved;
d. A short and plain statement of the matters asserted. If the town council is unable to state the matters in detail at the time the notice is served, the initial notice may be limited to a statement of the issues involved and a detailed statement shall be furnished.
(3) A quorum of the town council is necessary to hear and decide any such appeal. A quorum is hereby defined as three council members.
(4) At the hearing, the appellant and any other interested party shall be permitted to present evidence and argument on all issues involved.
(5) The town council shall cause minutes to be kept of each hearing, and shall provide for an audio recording of each hearing. Hearings may be stenographically recorded at the request of any party, provided that said party pays for the stenographer and the transcript.
(6) The record of a contested case shall include:
a. All pleadings, motions and intermediate rulings;
b. Evidence received or considered;
c. Statement of matters officially noticed;
d. Questions and offers of proof and rulings thereon;
e. Proposed findings and exceptions;
f. Any decision, opinion or report by a town council member presiding at the hearing; and
g. All wastewater management office's memoranda or data submitted to the town council in connection with the case.
(7) Any final order and/or decision adverse to a party in a contested case shall be shall be stated on the record at the conclusion of the hearing, or shall be in writing, and shall be rendered no more than 45 days after the hearing is closed. Any final order and/or decision shall include findings of fact and conclusions of law, separately stated. The party shall be notified by mail of any order along with all attorneys of record. All notifications shall be mailed to the address(es) maintained by the town tax assessors office, unless otherwise specified in writing by the party and/or attorneys of record.
(8) The building official, the wastewater management office and its inspector and/or designee, or an employee and/or staff of the town council, shall not communicate with any member of the town council regarding any issue of law of any contested matter except upon notice and opportunity for all parties to participate, but members of the town council may communicate with each other and may have the aid and advice of one or more personal assistants.
(9) Pursuant to the provisions of G.L. § 45-24.5-4, an aggrieved party shall have the right to appeal the final order and/or decision of the town council to the district court in the manner set forth under the provisions of the Rhode Island Administrative Procedure Act, G.L. § 42-35-15.
(a) The tax collector shall be responsible for collecting fees and fines from residences, businesses and other properties regulated under this article. The director of public work, or the town manager's designee, shall be responsible for the overall administration of the wastewater management program and the wastewater management office, and the building official, wastewater management inspector or their designee shall serve as the enforcement agent. The conservation commission shall provide assistance to the wastewater management office in the development of an associated educational program. The director of public work shall develop the qualification requirements of the wastewater management inspector or its designee who is in charge of the day-to- day operation of the wastewater management program and the wastewater management office. At a minimum, the wastewater management inspector, or his/her designee shall have completed the basic level courses to be accredited through the University of Rhode Island Onsite Wastewater Training or an equivalent training program.
(b) Power and duties of town council under this article.
(1) Meetings of the town council shall be held at the call of the first warden or second warden or by the vote of a majority of the town council members. The first warden or in her/his absence, the second warden or in his/her absence, the acting warden shall be empowered to administer oaths and compel the attendance of witnesses.
(2) It shall be the duty of the town council, without limitation, to:
a. Develop rules and regulations for the implementation of this article.
1. Prior to the adoption, amendment or repeal of the rule or regulation, the town council shall:
i. Give at least 20 days' notice of its intended action. The notice shall include a statement of either the terms or substance of the intended action or a description of the subjects and issues involved, and of the time when, the place where, and manner in which interested persons may present their view thereon. The notice shall be published in a newspaper, newspapers, or other publications having general circulation throughout the town. Copies of proposed rules shall be available at the town hall and by mail to any member of the public upon request.
ii. Afford all interested persons reasonable opportunity to submit data, views, or arguments, orally or in writing. Opportunity for oral hearing must be granted if requested by 25 persons or by a governmental subdivision of the town. The town council shall consider fully all written and oral submissions respecting the proposed rule or regulation.
2. Upon adoption of a rule or regulation, the town council, if requested to do so by an interested person, either prior to adoption or within 30 days thereafter, shall issue a concise statement of the principal reasons for and against its adoption, incorporating therein the town council's reasons for overruling the consideration urged against its adoption.
b. The town council shall establish such rules and regulations for the conduct of its own proceedings for the implementation of this article, for examining permits, review of compliance rules and regulations of this article, hearings, investigations, assessment of penalties, fines and levies, and as may otherwise be necessary and proper for the implementation of this article and which are consistent with the laws of the State of Rhode Island, of the United States of America and the Charter of the town.
c. Render declaratory rulings regarding the rights and obligations of any person or owner of property that is subject to the requirements of this article.
d. Hear and decide appeals from any violation notice issued pursuant to this article.
e. Levy fines, after a hearing, for violations pursuant to this article.
1. Any such fines shall not be greater than $100 per violation per day of outstanding violation. Each day of continuing violation shall constitute a separate and distinct violation. Fines issued under this article shall not exceed $500 per day for violations.
2. Before the assessment of any fine/penalty or fee, the town council shall provide for a hearing. Further, this article and its regulations shall provide that any person aggrieved by the final decision of the town council in assessing a fine/penalty or fee, ordering compliance or other action shall have the rights of appeal pursuant to Rhode Island General Laws, Administrative Procedures Act, Chapter 35 of Title 42 and to the district court.
f. Contract for services with independent licensed/permitted septage transporters, licensed OWTS installers and others as necessary. All septage transporters must be licensed by the state department of environmental management and registered with the sewer commission.
g. Provide for the passage of authorized persons onto private property when necessary for periodic investigations and inspections of OWTS.
h. Order the maintenance of OWTSs based upon inspection results.
i. In the event that a property owner fails to repair or replace a failing OWTS within the time frame specified in the notice of violation, and after hearing thereon, the town council is empowered to seek an order from the Superior Court for the County of Washington to enjoin the property owner from interfering with the efforts of the town council and/or the wastewater management office to effectuate the repairs or the replacement of the OWTS on the property. In addition, the town council shall be empowered to assess all the costs incurred in enforcing this article, its regulations, orders and directives, together with all the costs specifically of repairing or replacing the OWTS as a fine/penalty and may attach the property to enforce the payment of such fine/penalty.
(a) The town and/or town council shall have the authority to raise funds for the administration, operation, contractual obligations, and services of the wastewater management program.
(b) Grant and loan program. The town under the authority of the state legislature shall have the authority to issue bonds or notes or to receive grants for the purpose of establishing a revolving fund to make low interest loans or grants available to qualified property owners for the improvement, correction, or replacement of a failed OWTS. The town and/or town council shall establish specific criteria to define eligibility for grants or loans. A public hearing shall be held prior to implementing the grant and loan program.
A public education program shall be established and overseen by the conservation commission, with technical assistance from the wastewater management office and other appropriate sources, to inform people about the benefits and goals of the wastewater management program and the entire water supply protection program (WSPP). The educational program shall include, but not be limited to the following:
(1) Proper operation and maintenance of OWTS.
(2) Proper disposal of hazardous waste, including household hazardous waste.
(3) Water conservation and the development of a water conservation program.
(4) Operation and management framework of the wastewater management program and WSPP.
(5) Protection of critical resource areas.
(6) Use of environmentally sensitive cleaning products.
If any provision of this article or any rule or determination made hereunder, or application hereof to any person, agency, or circumstances is held invalid by a court of competent jurisdiction, the remainder of this article and its application to any person, agency, or circumstance shall not be affected thereby. The invalidity of any section or sections of this article shall not affect the validity of the remainder of this article.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
ASTM — The American Society for Testing and Materials.
BIOCHEMICAL OXYGEN DEMAND (BOD) — The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20° C., expressed in milligrams per liter.
BUILDING DRAIN — That part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five feet (1.5 meters) outside the inner face of the building wall.
BUILDING SEWER — The extension from the building drain to the public sewer or other place of disposal, also called the house connection.
CHEMICAL OXYGEN DEMAND (COD) — The quantity of oxygen utilized in the chemical oxidation of wastewater under standard laboratory procedure expressed in milligrams per liter.
CHLORINE REQUIREMENT — The amount of chlorine expressed in milligrams per liter by weight that is required to produce a residual of 0.1 milligrams per liter of chlorine after 15 minutes' contact of chlorine with sewage.
COMBINED SEWAGE AND WASTEWATER — A mixture of surface runoff and other wastewater such as domestic and industrial wastewater.
COMBINED SEWER — A sewer intended to receive both wastewater and stormwater or surface water.
COMMISSION OR SEWER COMMISSION — Shall be construed to mean the Town of New Shoreham Sewer Commission acting on behalf of the town, its superintendent or its authorized deputy, agent, or representative.
COOLING WATER — Water used to reduce temperature only.
EASEMENT — An acquired legal right for the specific use of land owned by others.
FLOATABLE OIL — Is oil, fat or grease in a physical state such that it will separate by gravity from wastewater by treatment in an approved pretreatment facility. Wastewater shall be considered free of floatable fat if it is properly pretreated and the wastewater does not interfere with the collection system.
GARBAGE — The animal and vegetable waste resulting from the handling, preparation, cooking and serving of foods.
GARBAGE DISPOSAL UNIT — A shredding or grinding apparatus installed in sinks for the purpose of reducing garbage to relatively small particle sizes.
GRIT — The heavy suspended mineral matter present in wastewater, such as sand, gravel and cinders.
INDUSTRIAL WASTES — The wastewater from industrial processes, trades, or businesses as distinct from domestic or sanitary wastes.
INTERCEPTOR — A common sewer controlled by the town sewer commission.
LICENSED PERSON — A person having the appropriate license or certification to perform certain functions, whether they be state or local licenses.
NATURAL OUTLET — Any outlet, including storm sewers and combined sewer overflows, into a watercourse, pond, ditch, lake or other body of surface water or groundwater.
PH — The reciprocal of the logarithm of the hydrogen ion concentration. The concentration is the weight of hydrogen ions in grams per liter of solution. Neutral water, for example, has a Ph value of 7 and hydrogen ion concentration of 10-7.
POLLUTION — A condition created by the presence of harmful or objectionable material in water; or any introduction into water of microorganisms, chemicals, wastes or wastewater in a concentration that makes the water unfit for its intended use.
PROPERLY SHREDDED GARBAGE — The wastes from the preparation, cooking, and dispensing of foods that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than 1.27 centimeters in any dimension.
PROPERTY OWNER OR OWNER OF PROPERTY OR OWNER — Includes both the owners of fee in any real estate and all tenants, lessees or others in control or possession and use of the property in question or any interest therein and his, her, its or their agents or representatives as the interest, duties, powers or liabilities of each may be.
PUBLIC SEWER — A common sewer controlled by a governmental agency or public utility.
SANITARY SEWER — A sewer that carries liquid and water-carried wastes from residences, commercial buildings, industrial plants and institutions, together with minor quantities of groundwater, stormwater and surface water that are not admitted intentionally.
SEPTIC TANK — A settling tank in which settled sludge is in immediate contact with the wastewater flowing through the tank and the organic solids are decomposed by anaerobibacterial action.
SEPTIC TANK CLEANINGS — The sludge from a septic tank.
SEWAGE — Shall be held to mean and to include any human or animal excremental liquid or substance, any decomposed animal or vegetable matter, garbage, offal, filth, waste, chemical, acid, dye-stuff, starch, coloring matter, oil and tar, radioactive substances and any compound, solution, mixture or product or product thereof and every substance which may be injurious to public health or comfort or which would injuriously affect the natural and healthy propagation, growth or development of any fish or shellfish in the waters of this state or the nourishment of the same or which would injuriously affect the flavor, taste or value as food of any such fish or shellfish or which would defile such waters or injure or defile any vessel, boat, wharf, pier or any public or private property upon, in or under such waters, or any shore thereof. The preferred term is wastewater.
SLUG — Any discharge of water or wastewater which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than 15 minutes more than five times the average twenty-four-hour concentration or flows during normal operation and which shall adversely affect the collection system and/or performance of the wastewater treatment works.
STORM DRAIN — Sometimes termed storm sewer, shall mean a drain or sewer for conveying water, surface runoff, groundwater, subsurface water or unpolluted water from any source.
STORMWATER — The excess water running off from the surface of a drainage area during and immediately after a period of rain. It is that portion of the rainfall and the resulting surface flow that is in excess of that which can be absorbed through the infiltration capacity of the surface of the basin.
SUPERINTENDENT — The superintendent of the town sewer commission or his/her authorized deputy, agent or representative.
SUSPENDED SOLIDS — Total suspended matter that either floats on the surface of or is in suspension in water, wastewater or other liquids and that is removable by laboratory filtering as prescribed in the latest edition of "Standard Methods for the Examination of Water and Wastewater," published by the American Public Health Association, and referred to as nonfilterable residue.
TOWN SEWER SYSTEM OR SYSTEM — And include the sewer system of the town or such portion or portions thereof as may from time to time be designated by the commission.
TOXIC — Poisonous.
UNPOLLUTED WATER — Is water of quality equal to or better than the effluent criteria in effect or water that would not cause violation of receiving water quality standards and would not be benefited by discharge to the sanitary sewers and wastewater treatment facilities provided.
WASTEWATER — The spent water of a community. From the standpoint of source, it may be a combination of the liquid and water-carried wastes from residences, commercial buildings, industrial plants and institutions together with any groundwater, surface water and stormwater that may be present.
WASTEWATER FACILITIES — The structures, equipment and processes required to collect, carry away, treat and dispose of wastewater.
WASTEWATER TREATMENT WORKS — An arrangement of devices and structures for treating wastewater and sludge. It is sometimes used as synonymous with waste treatment plant or wastewater treatment plant or water pollution control plant or water pollution control facility.
WATERCOURSE — A pond, swamp, or natural or artificial channel for the passage of water, either continuously or intermittently.
WPCF — The Water Pollution Control Federation.
In order to ensure proper removal and disposal of sewage wastes and wastewaters within the contributing areas of the town, to ensure the proper operation and maintenance of sanitary sewers, the sewage treatment plant and other sewerage works within the town and to provide for keeping adequate records of sewers and appurtenances and connections thereto, the rules and regulations in this article governing the construction, use, repair, alteration, and discontinuance or abandonment of sewers and appurtenances and connections thereto, including drains and pipes discharging directly or indirectly into the sewers and the substances to be discharged directly or indirectly into and through sewers and appurtenances of the public sewerage system of the town, are adopted by the town sewer commission to prescribe rules and regulations relative to the regulation of, construction of, use of, and discharge of substances into and connections to the sewage works.
The provisions of this article with respect to the meaning of technical terms and phrases, the restrictions as to what wastes may be discharged into sewers, the regulations with respect to making connections to sewers and other technical matters shall be interpreted and administered by the commission. Details as to sewer use, sewer connections, etc., not otherwise regulated or described by some provision of this article shall continue as heretofore established by local ordinance and/or local custom and practice as interpreted by the commission.
(a) It shall be unlawful for any person to place, deposit or permit to be deposited in an unsanitary manner upon public or private property within the town or in any area under the jurisdiction of the town any human or animal excrement, garbage or other objectionable waste.
(b) It shall be unlawful upon the availability of public sanitary sewers to discharge to any natural outlet within the town or in any area under the jurisdiction of the town, any wastewater or other polluted wastes except where suitable treatment has been provided in accordance with subsequent provisions of this article, except that the commission may waive this provision if it deems it in the best interest of the town for persons possessing a permit from the U.S. Army Corps of Engineers, U.S. Environmental Protection Agency, or state department of health, division of water supply and pollution control.
(a) The owner of all houses, buildings or properties used for human occupancy, employment, recreation or other purpose situated within the town and abutting on any street, alley or right-of-way in which there is now located or in the future may be located a public sanitary sewer is hereby required at his expense to connect sanitary sewerage facilities directly with the public sewer in accordance with the provisions of this article, provided that said public sewer is determined to be accessible and available by the superintendent. The commission may order any owner or occupant to fill up and destroy any cesspool, privy vault, drain or other arrangement on such land for the reception of sewage. Upon the service of any such order or copy thereof upon any such owner or occupant to connect the sewage facilities as aforesaid or to fill up or destroy any cesspool, privy vault, drain or other arrangement for the reception of sewage, such owner or occupant shall comply therewith within 30 days from the time of service of such order or within such extended period as the commission may determine. If the owner or occupant to whom any such order is directed shall neglect or refuse to comply therewith within 30 days after the service thereof upon him/her or within such extended period, he/she shall be fined not less than $5 nor more than $100 for each subsequent 24 hours during which he shall neglect or refuse to comply therewith. If such neglect or refusal shall continue for 60 days after the service of such an order, the commission may cause such cesspool, privy vault, drain or other arrangement for the reception of sewage which is the subject of such order to be filled up and destroyed and the sewage from such land to be connected with a common sewer or interceptor. The pendency of any appeal from any such order shall not affect the power of the commission, after the expiration of the period of 60 days, to cause such cesspool, privy vault or other arrangement for the reception of sewage to be forthwith filled up and destroyed.
(b) Whenever the commission shall cause any cesspool, privy vault or other arrangement for the reception of sewage to be connected with a public sewer, it shall keep careful account of the cost of such work and of any expense caused the town by reason of the neglect or refusal of the owner or occupant of such land to comply with the order of the commission issued as aforesaid. Upon the completion of such work the commission shall file a statement of such cost and expense with the town finance director. The amount of such cost and expense shall be a lien upon the land, including improvements thereon, for which such cost and expense was incurred, and the same shall be collected in the same manner as other assessments and charges are collected.
(c) Notwithstanding the foregoing, the commission, upon application, may extend the period for connection by reason deemed valid by the commission. Relief from such requirements may be granted upon written application to and approval by the sewer commission, in instances where present system is properly functioning. Other relief may be granted upon written application to and approval by the sewer commission in cases where the commission finds just cause. Such relief does not relieve the owner from payment of the annual applicable user's charge.
(a) Any person found to be violating any provision of this article shall be served by the commission with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. A reasonable time limit shall be understood to be 30 days from the date of notice to correct unless the superintendent determines that a good faith effort to correct the violation is being made and further time is necessary. The offender shall, within the period of time stated in such notice, permanently cease all violations and take such action as is recommended or necessary to ensure there will be no recurrence of such violation. All of such work in connection therewith shall be performed by the person without delay and without expense to the town.
(b) Any person who shall continue any violation beyond the time limit shall be fined in an amount not exceeding $100 for each violation and not exceeding $50 for each additional day that any such violation shall continue. In addition, the superintendent may disconnect or otherwise act to prevent the building sewer from the premises in which said violation of the requirements of this article shall have occurred from discharging to the public sewer system.
(c) Any person violating any of the provisions of this article shall become liable to the town for any expense, loss or damage occasioned the town by reason of such violation. If the superintendent shall have caused the disconnection of a building sewer or drain from the public sewer system, the town may collect the cost of making such disconnection from any person responsible for or willfully concerned in or who profited by such violation of the requirements of this article and may thereafter refuse to permit the restoration of the former connection or of any new connection to the property concerned in the violation of this article until the claim of the town for the cost of making such disconnection shall have been paid in full plus interest and the reasonable overhead of any legal expenses incurred by the owner in connection therewith.
If any person shall construct, install, alter or repair any sewer or connection to any public sewer in violation of the requirements of this article, the commission may in its discretion order or direct such person to uncover and fully expose any or all portions of such sewer or connection and afford the commission and its representatives adequate opportunity for examination and inspection of the work. If the sewer or connection and appurtenances thereof shall not be found to be in full accord with the requirements of this article and the standards established under its provisions, then the commission may serve the offender with a written notice as provided in § 19-324(a).
No person shall break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment or dump garbage, refuse or other objectionable material on land or right-of-way which is a part of the wastewater facilities. Any person violating this provision shall be subject to immediate arrest under the appropriate criminal charge and is liable for all damages caused through his/her actions as aforesaid.
The fee schedules established by the sewer commission are on file in the town clerk's office.
The sewer commission is authorized to promulgate rules and regulations necessary for implementing this article and consistent therewith. Such rules and regulations may be adopted or amended from time to time by the commission, after giving public notice and conducting a public hearing on any proposed rule, regulation or amendment thereto.
Any appeals because of disagreements in the enforcement of this article shall be presented by the aggrieved person in writing addressed to the town sewer commission, and shall describe the matter in reasonable detail and completeness. The commission shall consider any such appeal made to it and, if so requested by the person interested therein, shall afford all interested parties an opportunity to be heard by the commission or a committee thereof. Thereafter, the commission shall take such action in the matter of the appeal as may to it appear proper, and in its discretion may alter its interpretation. Until such time as the commission shall have received, considered and acted upon any appeal, the order or requirements as initially stated shall be observed and remain in full force and effect.
(a) The commission and other duly authorized town employees bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling and testing pertinent to discharge to the sewer system in accordance with the provisions of this article.
(b) The commission or other duly authorized town employees are authorized to obtain information concerning processes which have a direct bearing on the kind and source of discharge to the wastewater collection system.
(c) While performing the necessary work on private properties referred to in subsection (a) of this section, the commission or duly authorized town employees shall observe all safety rules applicable to the premises established by the company and the company shall be held harmless for injury or death to the town employees, and the town shall indemnify the company against loss or damage to its property by town employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in sections 19-422 and 19-423(c).
(d) The commission and other duly authorized town employees bearing proper credentials and identification shall be permitted to enter all private properties through which the commission holds a fully negotiated easement or easements obtained through eminent domain for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any such portion of the wastewater facilities lying within such easement. All entry and subsequent work, if any, on such easement shall be done in full accordance with the terms of the easement pertaining to the private property involved.
Only authorized persons may uncover, make any connections with or opening into, use, alter or disturb any public sewer or appurtenance thereof, and only after obtaining a written permit from the commission.
Application for a building sewer permit shall be made by a licensed master plumber or licensed drainlayer, his agent or representative and shall be made on an application form provided by the town. Each application shall be supplemented with the plans and specifications for the sewer connection and such other information relating to the building and the wastes to be discharged as may be considered pertinent by the superintendent. A permit and inspection fee which is on file in the town clerk's office shall be paid to the commission at the time the application is filed.
The town hereby adopts the Town of New Shoreham Rhode Island Utility Standards, March 1996, as may be amended, by reference, as fully as if set out at length in this section, and the provisions therein shall be controlling as to all subjects therein contained within the corporate limits. Copies of such standard specifications are on file and available in the town clerk's office.
All costs and expenses incident to the installation and connection of the building sewer shall be borne by the owner and the issuance of a building sewer permit shall be contingent upon the owner's indemnifying the town and commission against any loss or damage that may be caused, directly or indirectly, by the installation of the building sewer and its proper function.
(a) The applicant for the building sewer permit shall notify the superintendent when the building sewer is ready for inspection and connection to the public sewer. The superintendent shall be notified not less than 48 hours in advance of the time any connection is to be made to any public sewer or drain of the town or to any existing drain, pipe or similar structure connected thereto and discharging therein or intended to be so connected and to so discharge.
(b) Such connection shall be made only in the presence of the superintendent, affording sufficient opportunity to oversee the construction of all parts of any sewer connected directly or indirectly or intended to be so connected to any public sewer or drain of the town and to obtain and record the location and other pertinent facts with respect to such drain or sewer. This same requirement shall apply to repairs or alterations to sewers, drains or pipes discharging thereto.
(c) No building sewer or connection to a public sewer shall be covered until it has been inspected by the superintendent and found to conform to the requirements of established standards in all respects and to be satisfactory as to the quality of the workmanship and materials.
The superintendent shall keep a record of all connections made to public sewers under this article and all repairs and alterations made to sewers, and building sewers connected to and discharging into public sewers of the town or intended to so discharge. All persons concerned shall assist the superintendent in securing data needed for such records.
When any building or other structure previously served by a connection to any public sewer or drain is demolished, destroyed, abandoned or altered so that any drain or portion of an abandoned plumbing system which is directly or indirectly connected to any public sewer or drain is no longer used and is no longer connected to the drainage system of the building or structure, the open end of such drain which discharges directly or indirectly into a public sewer or drain shall be promptly closed and sealed off so that no water or waste not otherwise permitted to enter the public sewer or drain shall be so discharged thereinto. The superintendent shall be notified of such abandonment or discontinuance and all sealing of sewer service lines shall be done by the owner's contractor to the satisfaction of the superintendent.
The requirements of local building and plumbing codes shall be observed with respect to fixtures inside or immediately adjacent to buildings and within areas of jurisdiction of the several codes, subject only to the general requirements of this article. Pipe more than five feet outside the inner walls of any building or similar structure shall conform to the requirements of this article as to permits, materials and workmanship.
No person shall make connection of roof downspouts, foundation drains, areaway drains or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary or combined sewer unless such connection is approved by the commission for purposes of disposal of polluted surface drainage.
(a) Each contractor shall be responsible to see that all excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard.
(b) Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored by the contractor in a manner satisfactory to the commission and the town.
A separate and independent building sewer shall be provided for every building, except that, when two or more buildings are so situated that a separate and independent building sewer for each building would involve practical difficulties and impose unnecessary hardships, the superintendent may authorize the connection of such buildings to the public sewer through a single service line subject to such terms and conditions as to easement, design and construction as the superintendent may require.
(a) To ensure compliance with this article and to facilitate the supervision of the construction, operation and repair of sewers and drains and the keeping of records thereof, no person other than those described in this section shall construct, repair, alter or remove any sewer, building sewer or drain connected to or discharging directly or indirectly to or into any public sewer or drain of the town or intended to discharge thus at some future time, regardless of whether the work is located in a public street or in public or private land.
(b) No person other than those working for and under the direction of the commission shall make any excavation for or construct, install, lay, repair, alter or remove any sewer, drain, etc., sewer connection or appurtenances thereof within the town, which sewer, drain, etc., is in any way connected to or discharges directly or indirectly to or into any public sewer or drain of the town or is intended at some future time to be so connected or so discharged, until the person shall have applied for and secured from the superintendent a permit for doing such work.
(c) Permits will only be issued to master plumbers licensed to do business in the state and to drainlayers licensed by the state to lay drains, except that a permit may be issued to a homeowner for work on his home if the superintendent determines such person is capable of performing the work in compliance with this article. No permit shall be issued except in cases of emergency to dig up or make any excavation in a public way until the applicant files with the commission proof of notification to all existing public utilities. The issuance of a building sewer permit shall be contingent upon the plumber or drainlayer indemnifying the town against any loss or damage that may be caused, directly or indirectly, by the installation of the building sewer and its proper functioning.
(d) No permit shall be issued to any plumber or drainlayer for work hereunder unless such plumber or drainlayer has filed with the commission and the town finance director a certificate of insurance in the minimum amount for public liability of $100,000 to $300,000 and property damage of $50,000 to $100,000. Such insurance shall be maintained during those times that work is being performed pursuant to this article. Plumbers and drainlayers shall post a bond payable to the town finance director in the amount of $5,000 to guarantee satisfactory completion of work. The town assumes no liability on the issuance of permits.
(a) The following may as indicated construct, repair, alter, or remove sewers and drains, subject to supervision and approval by the superintendent:
(1) Regular forces of or a contractor employed by the town operating under orders of the superintendent and in the performance of work for the town.
(2) Regular forces of any public utility corporation authorized by state law to construct, maintain and operate pipes or ducts within public highways within the town while engaged in work incidental to the regular structures of the utility company, on condition that the utility company notify the superintendent of any changes or repairs to be made.
(3) Any person who shall have been duly licensed by the commission of the town to perform work of the type in question during the period provided in such license and when operating under and subject to the conditions of a permit for the particular job and issued therefor by the superintendent.
(b) The limitations as to persons who may construct, alter or repair sewers, drains and building sewers shall not restrict the usual work of plumbers or others when operating in accordance with the plumbing and building codes of the town or state, provided no plumber or other person shall make any connection to a public sewer or drain of the town without a permit therefor, even if the sewer or drain is located under or immediately adjacent to any building or similar structure, and provided all drains and fixtures within said building or structure and all use made of them shall conform to the requirements of this article as to what may and may not be permitted to be discharged into public sewers and drains.
(c) Each contractor shall be responsible for the faithful performance of all work performed under the permits issued to it or him/her and for the conduct of all work and all materials furnished on work by his/her or its employees or agents. No work shall be sublet by a contractor under any permit issued under such license in any manner to divest said contractor of full control and responsibility for all parts of said work. Only competent persons shall be employed on work performed under such license and only suitable material conforming to the standards established by the town shall be furnished or used on such work.
(d) Should the superintendent find that any contractor has failed to conform to the requirements of this article or the rules and regulations of any permit issued thereunder or that such contractor has not been faithful in the performance of work or furnishing of materials under his permit or that the work being performed constitutes a safety hazard to the public, the superintendent may revoke or suspend such contractor's permit and cause such contractor's bond to be cashed.
(a) Every application for a permit shall be made in writing on forms to be provided by the superintendent for that purpose and shall be signed by the licensed contractor or other qualified person or party, or an authorized agent thereof. The application shall state the location and ownership of the property to be served by the sewer or drain in question, the post office address of said property owner, and a brief description of the work to be done, and shall contain an agreement that the permittee will do the work in accordance with the local laws, ordinances, regulations, and permits of the town as those local laws, etc., may apply to the particular location of work, and will save the town and others harmless from damages, loss, damage claims, etc., all in such form and detail as may be directed by the superintendent in the form provided. The superintendent in his discretion may require, as a prerequisite to the issuance of any permit, that he be furnished the following:
(1) Evidence that any and all necessary permits, etc., to open public streets, or public or private grounds or property, have been or will be issued;
(2) Evidence that the agent of the applicant is properly authorized to sign the application in question;
(3) Evidence that devices are being installed or provisions made to prevent the entry into public sewers or drains of any substances forbidden entry by this article;
(4) Plans or a description or both of the system and devices to be installed, in such detail that the superintendent can determine that the system and devices satisfy the requirements of this article, such plans and description to be considered part of the application, and installation in accordance therewith shall be a condition of the permit; and
(5) Any other information or proof pertinent to the particular job in question.
(b) Each permit to construct, alter, or repair any sewer, building sewer or drain under this section shall be issued only after an application as hereinbefore provided has been made. The applicant may be required by the superintendent to state the limit of time within which the work must be performed and at the expiration of which the privileges for construction under the permit shall terminate unless extended by the superintendent. Permits shall not be transferable or assignable by the permittee.
All completed applications for permits and a record of work performed under every permit issued thereupon shall be kept as permanent records of the commission.
(a) No person shall discharge or cause to be discharged any wastes into a public sewer unless the acceptance of these wastes has been approved by the commission. The commission requires 45 days' prior notification by any person of the proposed substantial change in volume or character of pollutants over that being discharged into the wastewater treatment works or of a proposed new discharge into the wastewater treatment works of pollutants from any source discharging more than 2,000 gallons per day.
(b) The commission shall be notified by the owner of the proposed discharge of water from a swimming pool to the public sewer. The commission shall have the right to approve or deny the request, to designate the time and rate of flow permitted and to enter upon the premises to inspect the project prior to and during the operation. If an owner fails to provide such notification or disregards instruction, whether accidentally or intentionally, the owner will be held responsible for any damage that may be caused from such discharge subject to the enforcement powers contained in this article, and the commission shall not be held liable for such violation.
No person shall discharge into or put into any public sewer or drain of the town, or into any sewer, drain or fixture which thereafter discharges into any public sewer, drain or appurtenance thereof, any wastes or substance other than such kinds or types of water or water-carried wastes for the conveyance of which the particular sewer, drain or appurtenance is intended, designed or provided.
Except as specifically provided with reference to some particular sewer, sanitary sewers shall be used only for the conveyance and disposal of sanitary sewage and for diluted, water- carried industrial wastes which are not objectionable as hereinafter provided. No sanitary sewer shall be used to receive and convey or dispose of any stormwater or surface water, subsoil drainage, any large continuous flow of water seeping into buildings or excavations from soils or other underground sources, flows of natural springs or groundwaters, surplus from flowing wells, or the discharges from roofs, roof conductors, yard drains, or street or highway drains. Cooling water or uncontaminated process water shall also be excluded, except that the superintendent upon a finding of special circumstances may permit their discharge into a sanitary sewer.
Stormwater and all other unpolluted drainage shall be discharged into storm sewers or to a natural outlet approved by the superintendent. Industrial cooling water or unpolluted process waters may be discharged upon approval by the commission to a storm sewer or natural outlet. However, no material, the discharge of which into natural streams, ponds, lakes or other natural bodies of water is prohibited by state or federal law or regulations, shall be discharged into any storm sewer.
(a) If the proceedings for the layout and construction of any particular sewer or for its acquisition by the town did not indicate what kind of sewer or drain it was to be or what wastes could or could not be discharged therein, the superintendent shall consider the pertinent facts and shall determine what kind of sewer or drain the sewer is to be considered for the application of the provisions of this article and what waste or wastewaters shall be permitted to be discharged thereinto or be excluded therefrom.
(b) The fact that wastes have been discharged into a particular sewer which was not intended or designated for that purpose shall not create a right to continue to discharge unless permitted by this article.
No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers:
(1) Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid or gas.
(2) Any waters containing toxic or poisonous solids, liquids or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any waste treatment process, constitute a hazard to humans or animals, create a public nuisance or create a hazard in the receiving waters of the wastewater treatment plant.
(3) Any waters or wastes having a pH lower than 5.5 or higher than 10.0, or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the wastewater works.
(4) Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers or other interference with the proper operation of the wastewater facilities, such as, but not limited to, ashes, bones, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper or plastic dishes, cups, milk containers, etc., either whole or ground by garbage grinders.
The following described substances, materials, waters or wastes shall be limited in discharges to public sewers to concentrations or quantities which will not harm either the sewers, wastewater treatment process or equipment, will not have an adverse effect on the receiving stream or will not otherwise endanger lives, limb, or public property or constitute a nuisance. The commission may set limitations lower than the limitations established in the regulations below if in its opinion such more severe limitations are necessary to meet the above objectives. In forming its opinion as to the acceptability, the commission will give consideration to such factors as the quantity of subject waste in relation to flows and velocities in the sewers, materials of construction of the sewers, the wastewater treatment process employed, capacity of the wastewater treatment plant, degree of treatability of the waste in the wastewater treatment plant and other pertinent factors. The limitations or restrictions on materials or characteristics of waste or wastewaters discharged to the sanitary sewer which shall not be violated without approval of the commission are as follows:
(1) Wastewater having a temperature higher than 150° F. (65° C.).
(2) Wastewater containing more than 25 milligrams per liter of petroleum oil, nonbiodegradable cutting oils, or products of mineral oil origin, or containing substances which may solidify or become viscous at temperatures between 32° F. and 150° F. (0° and 65° C.).
(3) Wastewater containing floatable oils, fat or grease.
(4) Notwithstanding the provisions of § 19-319, wastewater shall not contain any garbage, either whole or properly shredded or ground. Garbage grinders shall not be connected to sanitary sewers from homes, hotels, institutions, restaurants, hospitals, catering establishments, or similar places where garbage originates from the preparation of food in kitchens for the purpose of consumption on the premises or when served by caterers. Garbage grinders so connected at the time of the passage of this amendment may continue to be utilized but may not be replaced.
(5) Any waters or wastes containing strong acid iron pickling wastes or concentrated plating solutions, whether neutralized or not.
(6) Any waters or wastes having concentrations of objectionable or toxic substances, including, but not necessarily limited to, those in excess of the limits listed below, or wastes exerting an excessive chlorine requirement to such degree that any such material received in the composite sewage at the wastewater treatment works exceeds the limits established by the commission as necessary after treatment of the composite sewage to meet the requirements of the state, federal or other public agencies of jurisdiction for such discharge to the receiving waters.
| Substance | Maximum Limit Concentrations (milligrams per liter) |
| Cadmium | 0.8 |
| Chromium (trivalent) | 3.0 |
| Chromium (hexavalent) | 1.0 |
| Copper | 1.0 |
| Gold | 3.0 |
| Iron | 15.0 |
| Lead | 0.1 |
| Nickel | 3.0 |
| Silver | 3.0 |
| Tin | 0.0 |
| Zinc | 1.2 |
| Metals (not mentioned above) | 2.0 |
| Cyanides | 0.0 |
| Sulfides (S-) | 100.0 |
| Sulfates (SO4 -) | 500.0 |
| Floating oil | 0.0 |
| Fluoride | 5.0 |
| Mercuric chloride (as mercury, Hg) | 0.5 |
| Phenols (not to exceed) | 1.0 |
| Solvents | 0.0 |
(7) Any waters or wastes containing odor-producing substances exceeding limits which may be established by the commission.
(8) Any radioactive wastes or isotopes.
(9) Any waters or wastes having a pH in excess of 10.0.
(10) Materials which exert or cause:
a. Unusual concentrations of inert suspended solids, such as but not limited to Fuller's earth, lime slurries and lime residues, or dissolved solids, such as but not limited to sodium chloride and sodium sulfate, and wastewaters having suspended solids concentrations in excess of 200 mg/l.
b. Excessive discoloration, such as but not limited to dye wastes and vegetable tanning solutions.
c. Wastewaters having BOD concentrations in excess of 200 mg/l and unusual chemical oxygen demand or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works.
(11) Quantities of flow, concentrations or both which constitute a slug as defined in § 19- 319.
(12) Waters or wastes containing substances which are not amenable to treatment or reduction by the wastewater treatment processes employed or are amenable to treatment only to such degree that the wastewater treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.
(13) Any waters or wastes which by interaction with other waters or wastes in the public sewer system release obnoxious gases from suspended solids which interfere with the collection system or create a condition deleterious to structures and treatment processes.
(a) If any waters or wastes are discharged or are proposed to be discharged to the public sewers which waters contain the substances or possess the characteristics enumerated in § 19-417 and which in the judgment of the commission may have a deleterious effect upon the wastewater facilities, processes, equipment or receiving waters or which otherwise create a hazard to life or constitute a public nuisance, the commission may:
(1) Reject the wastes;
(2) Require pretreatment to an acceptable condition for discharge to the public sewers;
(3) Require control over the quantities and rates of discharge; and/or
(4) Require payment to cover added cost of handling and treating the wastes not covered by existing sewer use charges under the provisions of this article.
(b) If the commission permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the commission and/or other regulatory agencies.
In determining whether any waste discharged or proposed to be discharged into any public sewer or drain is or is not to be excluded under these rules and regulations or under any appropriate ordinance, consideration shall be given to the quantity, time or times, rate and manner of discharge, dilution and character of the waste in question, the size of the sewer or drain into which it is or is to be discharged, the probable quantity of other sewage in the sewer or drain at the time of discharge, the quantities of other objectionable wastes likely in the sewer or drain and other pertinent facts. Minute quantities of a waste which would be objectionable in larger quantity may be permitted if sufficiently diluted when and as discharged or if the quantity discharged is very small in comparison to the receiving sewer or drain and the flow therein at the time of discharge upon specific permission from the superintendent, but any permission to discharge minute quantities of an otherwise excluded waste shall be revocable at any time by the superintendent.
The admission into the public sewers of any waters or wastes having a five-day biochemical oxygen demand greater than 200 milligrams per liter or containing more than 200 milligrams per liter of suspended solids or containing any quantity of substances having undesirable characteristics or a chlorine demand greater than 15 milligrams per liter or having an average daily flow greater than 2% of the average daily flow to the wastewater treatment works shall be subject to review and approval by the superintendent. Where necessary in the opinion of the superintendent and with concurrence by the commission, the owner shall, at his expense, provide such pretreatment as may be necessary to reduce objectionable characteristics or constituents to within the maximum limits provided for in this article, or control the quantities and rates of discharge of such waters or wastes. Plans, specifications and any other pertinent information relating to proposed pretreatment facilities shall be submitted to the commission and no construction of such facilities shall be commenced until said approval is obtained in writing.
Where pretreatment or flow-equalizing facilities are provided or required for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense.
When required by the commission, the owner of any property serviced by a building sewer carrying industrial waste shall install a suitable structure together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling and measurement of the wastes. Such structure when required shall be accessibly and safely located and shall be constructed in accordance with plans approved by the commission. The structure shall be installed by the owner at his expense and shall be maintained by him so as to be safe and accessible at all times.
(a) Grease, oil and sand removal facilities, traps, etc., shall be provided when in the opinion of the commission they are necessary for the proper handling of liquid wastes containing floatable grease in excessive amounts as specified in § 19-417(3) or any flammable wastes, sand or other harmful ingredients, except that such facilities shall not be required for private living quarters or dwelling units. All facilities shall be of a type and capacity approved by the commission and shall be located so as to be readily accessible for cleaning and inspection. In the maintaining of these facilities the owner shall be responsible for the proper removal and disposal by appropriate means of the captured material and shall maintain records of the dates and means of disposal, which are subject to review by the commission. Any removal and hauling of the collected materials not performed by owner personnel must be performed by currently licensed waste disposal firms. Grease traps shall be required for all commercial properties, more specifically, restaurants, food dispensing and processing establishments and grocery stores, serviced by or connected to the public sewer system of the town. All such traps shall be of tank system design with a unit installed separate and apart from kitchen drains, except, where it is impossible to install such tanks due to existing plumbing, land area and location of buildings in relation to sewer lines, such grease traps shall be installed having minimum sizes of 100 pounds per kitchen or 25 pounds per sink.
(b) At all premises where wastes or substances specified to be excluded from sewers or drains by this article are customarily present and liable to be discharged directly or indirectly into any public sewer or drain, suitable and sufficient piping layouts, oil or grease traps or separators, screens, sedimentation chambers, diluting devices, storage and regulating treatment, cooling or condensing equipment and similar devices or equipment shall be provided, maintained and operated by the owner to ensure that no waste, substance, or water required to be excluded from the sewer or drain shall be discharged thereinto in violation of the requirements of this article. All facilities shall be of a type and capacity approved by the commission and shall be located as to be readily and easily accessible for cleaning and inspection. In the maintaining of these facilities the owner shall be responsible for the proper removal and disposal by appropriate means of the captured material and shall maintain records of the dates and means of disposal, which are subject to review by the commission. Any removal and hauling of the collected materials not performed by owner personnel must be performed by currently licensed waste disposal firms.
(c) At premises where any of the substances or wastes prescribed as being or to be excluded from any sewer or drain are present and liable to be discharged contrary to the limitations of this article, the superintendent may require that the owner of the premises provide, operate and maintain a sampling well or wells, a flow-measuring device, manholes, catchbasins or other suitable devices or treatment facilities on any or all sewer service lines or drains from the premises near the point where the drains connect to any public sewer or drain. By means of the sampling well or wells or other devices, the owner, owners and occupants of the premises and the superintendent or any public officer charged with any duty involving the supervision of the disposal of wastewaters may secure samples of or examine the wastes and waters discharged into the public sewer or drain and measure the quantities for the purpose of ascertaining compliance or noncompliance with the requirements of this article. Such facilities, when required, shall be accessibly and safely located and shall be constructed in accordance with plans approved by the commission. The facilities or devices shall be installed by the owner at his/her expense and shall be maintained by him/her so as to be safe and accessible at all times.
Cesspool and septic tank cleanings may be discharged to the wastewater facilities at the septic waste dumping station designated and in a manner approved by the commission. The composition of these wastes shall be subject to those limitations enumerated in § 19-417, with no industrial wastes, wastes considered to be detrimental to the treatment process, or wastes from chemical tanks permitted. Hauling and unloading of cleanings shall be performed by currently licensed waste disposal contractors. Unloading shall be made according to the arrangements and methods designated by the commission and the area shall be cleaned after each unloading. An unloading slip shall be turned in to the superintendent's office for each unloading. The slips provided by the town shall show the date, time, hauler's name, origin of load, capacity of truck, approximate gallons being unloaded, names and addresses where collected and signature of the driver. The capacity of the contractor's truck may be calculated by the commission, and any part of a load will be billed as a full load. The commission may assess such fees or charges as it may deem reasonable and proper for the acceptance, handling and treating of such wastes.
(a) Any real estate or real property in the town which is serviced by or is connected to the public sewer system of the town, and is part of the water district of the town or serviced by town water, shall have its sewer service charge based on the water flow meter set and maintained on the water supply line by the water district.
(b) Any real estate or real property in the town which is serviced by or is connected to the public sewer system of the town and is not part of the water district of the town or serviced by town water shall have a water flow meter set and maintained on the water supply line from the well or wells to the property. The meter shall be installed by the town and so set as to measure all the water passing through the pipe. Cost of the meter, together with the cost of installation thereof, shall be borne by the property owner. The real estate's or real property's sewer service charge shall be based on the water flow registered on the meter.
(c) Where feasible, and with the approval of the commission, any real estate or real property located in the town which is serviced by or is connected to the public sewer system of the town and regularly utilizes quantities of water that are not returned through the town sewer system may be equipped with a timing device, either electrical or mechanical, connected to the effluent pump if properly so equipped, or some similar device, to measure or approximate all flow, and all sewer service charges will be adjusted accordingly to reflect actual flow as accurately as possible.
(d) All meters, excepting those referred to in subsection (a) of this section, shall be set in places approved by the sewer commission, and all changes of location shall be made under their supervision or their agent's supervision.
(e) The property owner, excepting those referred to in subsection (a) of this section, shall be responsible for all damages to the meter or timing device from frost, heat, or steam, or negligence on his part, or that of his agents or the occupants of such property, and the meter or timing device shall be maintained by him so as to be safe and accessible at all times.
(f) If any meter or timing device fails to register correctly, the property owner shall be charged at the rate of average daily use, as shown by the meter or timing device when in proper order.
All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in these rules and regulations shall be determined in accordance with the latest edition of "Standard Methods for the Examination of Water and Wastewater," published by the American Public Health Association. Sampling methods, location, times, duration, and frequencies are to be determined on an individual basis subject to approval by the commission.
No statement contained in this article shall be construed as preventing any special agreement or arrangement between the commission and any concern whereby a waste of unusual strength or character may be accepted by the commission for treatment; provided that such agreements do not contravene any requirements of existing federal laws and are compatible with any user charge and industrial cost recovery system in effect.
All industries discharging into a public sewer shall perform such monitoring of their discharge as the commission and/or other duly authorized employees of the town may reasonably require, including installation, use and maintenance of monitoring equipment, keeping records and reporting the result of such monitoring to the commission. Such records shall be made available upon request by the commission to other agencies having jurisdiction over discharges to the receiving waters.
The words, terms and phrases used in this article shall have the meanings ascribed to them in appendix E, § 202, except where the context clearly indicates a different meaning.
The only exception to the procedure shall be a public meeting called on whatever notice is practical where a clear and present danger exists to the public health and safety or where ordered by a court of competent jurisdiction.
The priorities for new or increased sewer capacity shall be in the following order:
(1) Public facilities found to be necessary for the public health, safety or welfare by a majority vote of both the town council and the commission. Such facilities need not be owned by the town, but in all cases shall not be conveyed for nonpublic use without a two-thirds vote of both the town council and the commission. Such facilities include, but are not limited to, marine pump-out stations, public schools, affordable housing, day care centers, houses of worship, and public safety facilities.
(2) All other uses.
(3) Where an application for a sewer allocation amounts to 25% of the total available allocation in a particular year or 20,000 gallons, whichever is less, the sewer commission may require special conditions or cost sharing and contributions in aid of construction from such applicant if it agrees to provide service. (See § 19-411.)
(a) No new or increased sewer use may be made without application to the sewer commission. Applications shall be made to the building official on a form approved by the commission and shall include such plans, calculations and other information deemed necessary by the commission. Each application, if received with supporting information and a processing fee to be determined by the commission, shall be accepted and marked with the date and time received. No application shall be accepted unless complete with all supporting information and fees. The building official may make a final determination of applications of less than 2,000 gallons unless he has a question about interpretation of the law, which matter may be submitted to the commission for its determination. On application for 2,000 gallons or more, such applications shall be forwarded to the commission for review and action under sections 19-411 and 19-463. Such applications shall also be forwarded to the town council for review, if the application involves a "public facility" under § 19-463(1). After the determination necessary under sections 19-411 and 19-463, the application shall be returned to the building official for further action.
(b) Completed applications shall be reviewed, and the requested allocation either granted or denied, based upon available capacity as determined under established priorities, under this section, within 45 days after the date accepted.
(c) The owner or lessee of any new or increased sewer use which has not been approved by the commission shall be required to pay double the normal rates for its sewer use above the average use during July through September, and if such use is not metered shall have an estimate made as to the upper possible level of such use and double the normal rate shall be charged for such estimated use. The commission may take any other action it deems necessary to enforce all provisions of this article, including, but not limited to, disconnecting sewer service, bringing actions in a court of competent jurisdiction for declaratory injunctive relief or damages, and may collect its attorney's fees, interest and costs in such action. As an additional remedy, the town council may direct, after notice and hearing, that municipal water as well as sewer service may be suspended during any period of violation of this article if the municipal water would or should flow through to the sewer system.
(d) Any allocation granted to any applicant under this section shall expire 12 months from the date the request is granted. The allocation may be extended for an additional 12 months upon a request filed 30 days prior to its expiration for good cause shown.
The commission shall determine appropriate contributions in aid of construction, hereinafter referred to as "contributions," to be paid by persons proposing new or increased sewer uses which will bring the flow beyond the capacity of the 1988 sewer system. The contributions shall be used to pay for capital costs incurred by the commission in providing sewage treatment for new and increased uses. The appropriate figures shall be based on a cost-based allocation of the expenses in the capital budget and shall be adjusted annually. The intention is to charge new or expanded uses the costs incurred to provide sewage for such services. This should not be construed to require the commission to provide service where it otherwise would choose not to do so. For the first fiscal year of operation these charges shall be calculated as follows:
(1) The costs of the sewer plant improvements shall be divided by the total number of gallons which test runs show the improved sewer plant will be able to process at average daily maximum flow capacity during the months of July through September after the improvements have been completed. From this number of gallons there will be subtracted the average total number of gallons the existing sewer plant processed at average daily maximum flow capacity during the months of July through September of 1988. The remaining figure will be the approximate total number of gallons by which the improvements in the system increased the June through August capacity of the system. Dividing the cost of construction by this figure will yield the approximate cost of providing the construction for each gallon of flow during the months of July through September in one season. Multiplying these figures by the number of gallons of average maximum daily flow projected for a new or increased use will yield the contribution in aid of construction which the property owner will have to pay.
(2) Any plans submitted to the building official for approval within the sewer district shall be analyzed based upon the "Minimum Design Requirements for Sewage Flow" contained in § 3.01 of the state department of environmental management regulations as to onsite wastewater treatment system design. In the first instance, unless the proposed construction cost is for less than $500, the applicant shall provide an estimate of the flow, specifying in which category under § 3.01 regulations the project falls. If the permit is for proposed construction costing less than $500, the building official shall make the estimate. No permit shall be granted if there are unpaid, overdue sewer charges. If the building official is unable to evaluate these flows for any reason, the inspector may retain such engineering or other assistance as is necessary to evaluate these flows. An applicant shall pay for such additional assistance as well as for a building permit and the contribution provided for in this section.
(3) The contribution to be made by each person adding sewer flow shall be determined on a gallonage basis determined by the state department of environmental management § 3.01 standards, but as the costs to the system vary by the type of use of the physical entity, use shall be determined with a multiplier of gallonage as follows:
a. Use in priority categories 4.a, a multiple of 0.25.
b. All other uses, a multiple of 1.0.
(4) The gallonage determinations noted above in this section shall be multiplied by an annual figure determined as described for contributions in aid of construction. In the first instance such number of units shall be determined by the building official in considering any building permit and no building permit shall be issued without payment as provided herein.
(5) Gallonage may also be determined by the building official where no building permit has been applied for but an increased flow can or has resulted.
(6) Appeals from a determination of gallonage by the building official shall be to the zoning board of review as provided for appeals from the building official in appendix E. The gallonage referred to in § 19-463 shall be multiplied by an annual figure determined as described for contributions in aid of construction. In the first instance such number of gallons shall be determined by the building official in considering any building permit and no building permit shall be issued without payment as provided herein, but gallonage may also be determined by the commission where no building permit has been applied for.
In recognition that there was a moratorium on new or increased flows pursuant to a consent decree entered into between the state department of environmental management, hereinafter referred to as "DEM," and the town, after DEM had issued a complaint against the town for excess sewage flows, some limited provision must be made for persons who have been denied the use of prior existing building permits or who have had onerous conditions imposed in order to obtain a variance from the consent decree. For uses which existed prior to June 5, 1989, or for which a valid building permit had been issued, the following shall apply:
(1) All existing prior uses which are lawful may continue as long as no increased flow results. Any use specifically approved under the DEM consent is lawful as long as any conditions imposed under that consent agreement are continued.
(2) The priorities stated in § 19-463 shall apply to all permits for increased or new flows, but are modified in the following particulars:
a. Where a variance has been granted under the former DEM consent agreement, on conditions which the building official finds do not affect actual flows, and the building official finds that such conditions are no longer in the public interest or should be modified because of severe hardship, it may change or eliminate such conditions. Any appeal under this subsection shall be on the same terms as appeals from the building official to the zoning board of review in appendix E to this Revision.
b. Where a valid building permit existed prior to the adoption of the DEM consent agreement, such building may proceed upon a finding by the building official that there is clear and convincing evidence that the proposed use would be the same lawful use under a prior granted valid building permit. A prior granted valid building permit shall include instances where a court of competent jurisdiction found or could have found that a building permit should issue, but for reasons beyond the permit applicant's control, such building permit did not issue prior to the imposition of the DEM sewer moratorium. The building official may also grant a modification to the prior lawful building permit use, if it is shown, by clear and convincing evidence, that such modification shall not result in any increased sewer flows. In allowing a modification the building official may impose such conditions as he may find reasonable and may refer to the standards used in granting variances in the DEM consent decree in determining limitations on flow and other conditions which may be imposed, and may also refer to standards for granting variances in appendix E to this Revision. Among uses which qualify under this subsection, the priority ranking shall be made as provided in § 19-463. Where an alleged use provided for in an alleged prior existing valid building permit does not qualify under the provisions of this subsection, then any new or increased flows shall not be granted unless such flow would otherwise qualify as a priority in § 19-463. Any appeal under this subsection shall be on the same terms as other appeals from the building official in appendix E to this Revision.
c. Any applicant(s) who qualify for priority in accordance with this section who do not apply for allocation by October 10, 1990, will forfeit such priority status.
d. Allocations granted pursuant to subsection (2)b of this section shall expire 12 months from the date of approval unless a building permit has been issued and construction has commenced and is being diligently pursued to completion.
(3) For future years, applications for an allocation shall be made by August 1 prior to the annual sewer allocation meeting in order to be considered for the allocation for that year.
No on-site wastewater treatment system, hereinafter referred to as "OWTS," shall be built on a property abutting a sewer line within the sewer district, unless for a period of more than one year, while this article is in effect, the building official has refused a new or increased sewer flow, and upon application to the commission he finds that capacity will not be available for at least another year.
If any particular provision of this article shall be held to be unlawful by the final decision of a court of competent jurisdiction, and no further appeal has or may be taken, then only such particular provision shall be excluded from the article, and all other provisions shall continue in full force and effect. In construing this article particular note shall be made of the findings in paragraphs A through L at the beginning of the ordinance from which this section was derived and the specific intent indicated in paragraph K. In the event of any inconsistency between this article and any other ordinance which may apply, this article shall control if the ordinances cannot otherwise be construed together. In the event that in a final judgment of a court it is found that there has been a taking by the actions of the town or commission, acting under this article, the court shall, prior to awarding damages, first remand the matter to the commission, and in matters where the provisions of the article itself shall be found to create a taking, to the town council, to avoid, limit or reconsider any decision which the court has found to result in a taking.
[Ord. of6-3-1996; amended 6-15-2022 by Ord. No. 2022-05]
Block Island has a finite and limited freshwater and has been designated as a sole source aquifer by the United States Environmental Protection Agency. All premises that use a private well(s) for the source of water are encouraged to practice water conservation measures within their premise(s). The Town Council, may by resolution, impose water conservation measures for private wells within New Shoreham during periods of severe or extreme drought as designated by the State of Rhode Island or Federal Agencies.
[Ord. of6-3-1996; Ord. of5-5-1997; repealed 6-15-2022 by Ord. No. 2022-05]