Click to view the entire meeting or click any video icon below to jump to that section of the meeting.
OCTOBER 24, 2022
At a WORK SESSION of the Town Council of the Town of South Kingstown, County of Washington, in the State of Rhode Island held at the Town Hall, in and for said Town on the 24th day of October 2022 at 7:00 PM.
PRESENT: Rory H. McEntee, President
Abel G. Collins, Vice President
Deborah D. Bergner
Deborah J. Kelso
Jessica L. Rose
The Town Council interviews Jospeh Nuzzolillo concerning his interest in being appointed to the Conservation Commission, Route 138 Reconstruction Project Area Committee, and the Waterfront Advisory Commission.
James M. Manni, Town Manager notes that two new police officers will be sworn in during tonight’s meeting. Mr. Manni reviews the officers’ background and experience.
The Town Manager reviews Public Hearing Item 7A concerning proposed amendments to the Town Code, Chapter 19 Utilities, Article II. Wastewater Management that was continued from the October 11, 2022 meeting. The Town has met with Whalers Brewing Company to come to an agreement, and it is recommended to adopt the proposed amendments as further amended. New Business Item 12A is related to this item and will be continued for further review.
The Town Manager reviews the Communication Items on this evening’s Agenda, beginning with Item 8A concerning an email from Joanne Esposito that was continued from the October 11, 2022 meeting and a memorandum from Theresa Murphy, Director of Leisure Services relative to the 300th Anniversary Steering Committee’s status report on planning. Ms. Murphy will be in attendance to present the status report.
Communication Item 8B concerns a resolution adopted by Barrington Town Council requesting the RI General Assembly adopt legislation declaring Juneteenth an official State holiday.
Communication Item 8C concerns an email from Pam Woo, Small Business Saturday Coalition and Women Impacting Public Policy requesting a proclamation for Small Business Saturday in South Kingstown.
Communication Item 8D concerns a memorandum from Theresa Murphy, Director of Leisure Services providing the Recreation Commission’s position statement on the Town Farm Park Land Swap with South County Hospital. It is requested to refer this item to the Town Solicitor.
Communication Item 8E concerns a memorandum from Theresa Murphy, Director of Leisure Services providing information from the Waterfront Advisory Commission on problems processing public notice applications from the Coastal Resources Management Council as discussed with the Council on April 11, 2022.
Communication Item 8F concerns an email from Jon Donigan, President, South County Trail Homeowners Association requesting an update on the status of Michaela Court. The road has not yet been adopted by the Town and the Developer is working to fulfill the needed requirements in order for the Town to take possession of the road. It is noted that the Developer maintains and plows that road.
Communication Item 8G concerns an email from Paula J. Gauthier, Program Support Assistant, US Small Business Administration requesting a proclamation for National Veterans Small Business Week from October 31st through November 4th.
Communication Item 8H concerns an email from Jim O’Neill concerning the granting of a Compassion License by the RI Department of Business Regulation.
Communication Item 8I concerns an email from Terri Coles concerning the installation of AT&T equipment on a telephone pole. The telephone pole is located on State owned land, and it is requested that this item be referred to Town Staff.
Mr. Manni notes that Luke Murray, Director of Administrative Services will provide an update on the School Building Committee during the Town Manager’s Report.
The Town Manager reviews the New Business Items on this evening’s Agenda, beginning with Item 12A relative to adopting Wastewater Rates and On-Site Wastewater Fees. It is requested to table the Wastewater Rate schedule for further review.
New Business Item 12B concerns a joint award of bid to Morton Salt, Inc. for winter road salt at a unit price of $76.37 per ton delivered for FY 2022-2023, and Eastern Salt Co. for winter road salt at a unit price of $76.51 per ton delivered for FY 2022-2023. The Town pursued a joint award in the event there is a supply shortage with one vendor during the winter.
New Business Item 12C concerns a claim filed by Kim Greenberg relative to an incident that allegedly occurred during September 2021 in the Town of New Shoreham. Mr. Manni notes that this claim is not related to South Kingstown but is being brought here due to Chief Moynihan having been the Block Island Chief of Police at the time of the incident.
New Business Item 12D concerns an award of bid to Santa Buckley for the purchase of gasoline and diesel fuel through August 30, 2023.
Convened to Regular Session.
Susan M. Flynn, CMC
Town Clerk
OCTOBER 24, 2022
At a REGULAR SESSION of the Town Council of the Town of South Kingstown, County of Washington, in the State of Rhode Island, held at the Town Hall, in and for said Town on the 24th day of October 2022 at 7:30 PM.
PRESENT: Rory H. McEntee, President
Abel G. Collins, Vice President
Deborah D. Bergner
Deborah J. Kelso
Jessica L. Rose
The Pledge of Allegiance to the flag is given.
The Land Acknowledgement Statement is read.
Roll Call is taken and all members are present.
B. SWEARING IN OF NEW POLICE OFFICERS
Chief Moynihan swears in Police Officers James Baino and Jeremiah Wine.
A. Work Session: UNANIMOUSLY VOTED: that the minutes of the Work Session held on October 11, 2022 are accepted, approved, and placed on file.
B. Regular Session: UNANIMOUSLY VOTED: that the minutes of the Regular Session held on October 11, 2022 are accepted, approved, and placed on file.
UNANIMOUSLY VOTED: to approve the Consent Agenda as indicated by (CA) on same.
(CA) 6A. UNANIMOUSLY VOTED: to grant Victualling and Holiday Sales Licenses to L & R Northup, Inc. d/b/a L & R Northup, 1892 Kingstown Road, Wakefield, RI 02879. Application by Rachel Northup, President; Renewal: License No. 73184.
(CA) 6B. UNANIMOUSLY VOTED: to grant a Holiday Sales License to Frills of Galilee, LLC d/b/a Frills of Galilee, 35 D South County Commons Way, Wakefield, RI 02879. Application by Elizabeth DiBiasio, Member; Renewal: License No. 72585.
(CA) 12C. UNANIMOUSLY VOTED: that Civil Action Number WC-2022-0372 filed in Washington County Superior Court by Kim Greenberg relative to an incident that allegedly occurred during September 2021 in the Town of New Shoreham be referred to the Town Solicitor and the Town’s insurance carrier.
A. A Public Hearing, continued from October 11, 2022, is held relative to proposed amendments to the Town Code, Chapter 19 Utilities, Article II. Wastewater Management, as follows:
PROPOSED AMENDMENTS TO THE TOWN CODE
Chapter 19 UTILITIES
Article II. Wastewater Management
DIVISION 1. GENERALLY
Sec. 19-16. Definitions.
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:
* * * * *
Drainlayer means a person who has a drainlayer’s license issued by the town.
* * * * *
On-site Wastewater Treatment System or OWTS (f/k/a Individual Septic Disposal System – ISDS) means a privately owned and maintained wastewater disposal system designed to process and treat wastewater from residential and non-residential buildings where public sanitary sewers are not available.
* * * * *
POTW means a publicly owned treatment works.
* * * * *
RIDEM means the RI Department of Environmental Management.
* * * * *
Standard Industrial Classification (SIC) means a U.S. Securities and Exchange Commission code that designates different types of business.
* * * * *
Sec. 19-17. Damaging equipment, structures, etc.
No person shall maliciously, willfully, or negligently break, damage, destroy, uncover without authorization, deface or tamper with any structure, appurtenance, or equipment which is a part of the drainage system or sewage works. Any person convicted of violating the provisions of this article shall be fined not more than five hundred dollars ($50.00) ($500.00) for each violation and for the cost of replacement or repair of any damage.
* * * * *
DIVISION 3. PRIVATE SEWAGE DISPOSAL
Sec. 19-46. When required.
Where a public sanitary sewer is not available under the provisions of section 19-33, the building sewer shall be connected to a private sewage disposal system complying in all respects with Rules and Regulations Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Individual Sewage Disposal Systems of the state department of environmental management filed July 6, 1973, and any amendments or additions thereto that may be adopted and filed with the secretary of state.
Sec. 19-47. Appeals; notification.
The applicant for any sewage disposal system not initially approved by the state department of environmental management and requesting an appeal to the director of environmental management as provided in Part F, SD 17.01 of the minimum standards set forth in section 19-46 for approval shall notify the town building inspector of such appeal who in turn shall request notification by the director of environmental management of the time and place of such hearing.
* * * * *
Sec. 19-53. Deposit of untreated household waste by contractors engaged in cesspool and septic tank cleaning.
Contractors engaged in cesspool and septic tank cleaning service may deposit untreated household wastes at the sewage treatment plant under the following conditions:
(1) Only such wastes originating within the territorial boundaries of the towns of Narragansett and South Kingstown will be accepted.
(2) The contractor shall have obtained the following before permission will be granted to dispose of wastes at the treatment plant:
a. A license to remove, transport, and discharge OWTS contents at the South Kingstown treatment plant; and
b. A disposal vehicle permit for each vehicle to be utilized for waste hauling.
* * * * *
DIVISION 4. BUILDING SEWERS AND CONNECTIONS
* * * * *
Sec. 19-69. Separate sewer for each building; exception.
* * * * *
(c) Every building sewer connection installed after March 15, 1984, must include a cleanout located at the property line. Cleanouts must have a removable cover and be accessible zero (0) to twelve (12) inches below ground surface. Any sewer service line repair and/ or replacement, which does not have a previously installed cleanout, shall be required to install a cleanout at the property line at the time of service line repair or replacement.
* * * * *
Sec. 19-72. Procedure for removing sewage when drain is inadequate.
In all buildings in which any building sanitary sewer service is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building sewer service shall be lifted by an approved means by the owner and discharged to the building sewer. Backwater check valves shall be installed on the owner's sewer lateral at the owner's expense.
* * * * *
Sec. 19-76. Utility Contractors.
(a) Building sewers and connections shall be made only by utility contractors licensed by the State of Rhode Island to perform such work in the town. Notice must be left at the office of the water/wastewater department at least forty-eight (48) business hours before work is begun on a drain, and no material shall be used or work covered until inspected and approved by the director or his agent. Such information as the town has with regard to the position of junctions or branches will be furnished to utility contractors, but at their risk as to the accuracy of the same.
(b) Any contractor engaged by a property owner with the permission of the director for installation or repair of house connections in the public streets or highways shall be bound by the conditions for sewer installations stated in sections 19-112 and 19-113.
(c) Utility contractors shall complete and file application for drains in the name of the owner, obtain the owner's signature thereon, pay application and inspection fee, and complete the location plan required by section 19-67(b).
(d) Utility contractors must meet one (1) of the following standards:
(1) Have a license as a master plumber under state licensing requirements.
(2) Complete the requirements by the State of Rhode Island for qualifying as a utility contractor.
* * * * *
DIVISION 5. USE REGULATIONS
* * * * *
Sec. 19-90. Conditionally prohibited discharges.
No person shall discharge or cause to be discharged the following described substances, materials, waters, or wastes if it appears likely in the opinion of the director that such wastes can harm either the sewers, sewage treatment process, or equipment, have an adverse effect on the receiving waters, or can otherwise endanger life, limb, public property, or constitute a nuisance. In forming his opinion as to the acceptability of these wastes, the director will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the sewage treatment process, capacity of the sewage treatment plant, degree of treatability of wastes in the sewage treatment plant, and other pertinent factors. The substances prohibited are:
* * * * *
(7) Any waters or wastes shall not contain any of the following substances in concentrations greater than listed below:
Substance | Monthly Average | Max. Daily |
Arsenic | None | 0.1 |
Cadmium | None | 0.26 |
Chromium (total) | 1.71 | 2.77 |
Copper | -None | 3.38 |
Lead | None | 0.69 |
Mercury | None | 0.047 |
Nickel | None | 3.98 |
Silver | None | 0.43 |
Zinc | None | 2.61 |
Cyanide | None | 1.2 |
Sulfide (total) | 3.107 | 3.107 |
Sulfide (dissolved) | 1.0 | 1.0 |
Oil and grease | 100.0 | 100.0 |
BOD** (1) | None | 519.0 |
TTO*** | 2.13 | 2.13 |
TO**** | 1.0 | 1.0 |
TSS***** (1) pH | None High 9.5 | 519.0 Low 5.5 |
(1) SIC Codes 2082, 2084 and 2085 will be based upon Mass Loading. The total allocation of said SIC code users shall not exceed 271 lbs. of BOD/ day and 328 lbs. of TSS/ day.
* mg/l — Milligrams per liter.
** BOD — Biological oxygen demand; surcharge applies above 250 mg/l
*** TTO — Total toxic organics; As defined in 40 CFR 433.11
**** TO — Toxic organics.
***** TSS – Total Suspended Solids; surcharge applies above 250 mg/l
Hazardous or toxic organic compounds shall be set on a case by case basis using priority pollutants standards (LD 50′ , TL 96′ , or other established limits) as guidelines.
* * * * *
(11) BOD & TSS shall be allotted to individual businesses on a mass loading basis for the following U.S. Security Exchange Commission, Standard Industrial Classification - SIC codes:
SIC Code 2082 – Malt Beverages
SIC Code 2084 – Wines, Brandy & Brandy Spirits
SIC Code 2085 – Distilled & Blended Liquors
The above noted SIC Codes shall apply to micro-brewery or micro-distillery businesses that produce less than 15,000 barrels of product per year (1 barrel = 31 gals). Businesses with the above noted SIC codes that produce in excess of 15,000 barrels of product per year will be subject to additional pretreatment requirements as determined by the director.
(12) Each business with a SIC code of 2082, 2084 and/ or 2085 shall submit the following information to the Town on an annual basis:
a.) Minimum information submittal
i) A detailed process flow diagram of the distilling process and pretreatment system
ii) Daily volume and peak flow rate of proposed process wastewater discharge
iii) Anticipated annual volume of process wastewater proposed for discharge
iv) BOD & TSS of proposed process wastewater discharge
v) A piping schematic of water supply and waste lines
vi) Pretreatment sampling manhole location
vii) Effluent flow meter location, manufacturer, size and recorder information
viii) An annual industrial wastewater user application with associated fees
ix) Any other information that the Town requires to approve an annual industrial user license
x) Install a continuous BOD & TSS sampler with a recorder approved by the Town
b.) The Town will make a determination, with respect to the BOD and TSS that will be allotted to each SIC Code 2082, 2084 & 2085 business annually based upon the information provided by the business each year.
(13) Each business with a SIC code of 2082, 204 and/ or 2085 shall submit the following information to the Town on a monthly basis on or before the 2nd Monday of each month for the prior calendar month period:
a.) A monthly report that includes the following:
i) Monthly process wastewater discharged
ii) BOD concentration
iii) TSS concentration
(14) Each SIC Code 2082, 2084 & 2085 business shall be subject to a waste loading user fee surcharge established by Town Council resolution, which is in addition to wastewater user fee minimum and excess user charges.
(15) SIC Code 2082, 2084 & 2085 businesses shall not be allowed to discharge production waste stream solids into the wastewater collections system. All solids, such as mash, fermenting solids, etc. are to be hauled off-site for proper disposal.
(16) All process wastewater for SIC Code 2082, 2084 & 2085 businesses shall be separate from all other domestic and non-domestic wastewater streams. A pretreatment sampling manhole that is accessible 24 hours per day by Town staff shall be installed at the exterior of the building after the pretreatment process, but before the process waste stream combines with a domestic waste stream.
(17) All process wastewater for SIC Code 2082, 2084 & 2085 businesses shall be discharged into an equalization tank (or basin) where the pH levels can be adjusted to the permit range between 5.5 and 9.5 s.u. (standard units).
* * * * *
Sec. 19-97. Standards for tests and measurements.
a. All measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made in this article 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, and shall be determined at the control manhole provided or upon suitable samples taken at the control manhole. If no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb, and property. The particular analyses involved will determine whether a twenty-four-hour composite of all outfalls of a premises is appropriate, or whether a grab sample or samples should be taken. Normally, but not always, BOD and suspended solids analyses are obtained from periodic grab samples. Sampling and analyses may be required by the director to be done by an independent laboratory approved by the director with all costs borne by the customer or applicant.
b. Compliance determination: Compliance determination shall be conducted by the user by the use of grab samples, time composited samples or both as determined necessary by the director. Composite samples may be taken over a 24-hour period, or over a longer or shorter time span, as determined by the director, to meet the needs of specific circumstances.
c. Analysis of wastewater: Laboratory analysis of commercial and / or industrial wastewater samples shall be performed in accordance with 40CFR Part 136 or equivalent methods approved by the US Environmental Protection Agency.
* * * * *
DIVISION 6. INSTALLATION
* * * * *
Sec. 19-112. Standards.
The minimum size of sanitary sewers shall be eight (8) inches. The minimum slope shall be such that a minimum velocity of two (2) feet per second is maintained with the pipe flowing full based on the Manning formula within value of the pipe material used and maximum velocity of ten (10) feet per second under the same criteria. Sewers shall normally be laid in straight lines except as approved by the director for forced sewer mains on curved streets where the maximum deflection at any joint shall not exceed three (3) degrees and the radius shall not be less than one hundred (100) feet. Leakage tests shall be performed and shall meet the standard requirements of the water/wastewater department. Manholes, sewers, and appurtenances shall meet in all respects the design standards, size, construction methods and tests conforming with TR-16 Guide for the Design of Wastewater Treatment Works, as amended and Town of South Kingstown construction specifications. Materials of construction shall conform to the American Society of Testing Materials or in the absence of such standards to accepted commercial standards. Interpretation of any conflict of any of the above standards shall be made by the director. The Town reserves the right to conduct any post-construction inspection tests and/ or inspections of newly constructed sanitary sewers to determine the performance of said sewer infrastructure that are proposed for acceptance by the Town. The Town reserves the right to collect actual cost it incurs for these tests and/ or inspections from the developer, property owner or licensed utility contractor.
* * * * *
Sec. 19-115. Connection policy.
The town hereby establishes the following policy relative to future connections to the sewer system:
(1) Property within the existing and/or future sewer service area. Any parcel of land located within the existing and/or future sewer service area as defined in figure 6.2 entitled "Sewer Service Areas," of the Town of South Kingstown Comprehensive Community Plan, as amended, may be required to connect to the sanitary sewer system. The property owner agrees to abide by all conditions, restrictions, standards, specifications, design criteria, and to pay all fees which may be established by the town. The property owner shall also pay any cost(s) associated with sewer service connection and/or sewer main extensions.
a. Property located along and abutting an existing sewer line shall be governed by section 19-33.
b. Property not located along and not abutting an existing sewer line where the property will require a sewer line extension shall be governed by section 19-111 and the following:
1. The director may require that property(s) proposed for development be required to connect to the sanitary sewer system provided the following conditions are met:
(i) Satisfactory grades are established meeting the approval of the director, and
(ii) Permanent rights-of-way and easements are granted to the town (where required).
2. The director shall consider the following criteria in determining if a mandatory connection and/or sewer main extension is required:
(i) Conformity to Town of South Kingstown Comprehensive Plan.
(ii) Areas of existing OWTS problems or failures.
(iii) Soil conditions not suitable for OWTS placement.
* * * * *
DIVISION 8. FEES AND USER CHARGES
Sec. 19-136. Established.
(a) User charges for South Kingstown and Narragansett users shall be established and may be revised from time to time by the town council upon recommendation of the director or the town manager. The town upon recommendation of the director may adopt fees by resolution for the following:
(1) Fees for reimbursement of costs of setting up and operating the town's pretreatment program;
(2) Fees for monitoring, inspections and surveillance procedures;
(3) Fees for reviewing accidental discharge procedures and construction;
(4) Fees for permit applications;
(5) Fee for filing appeals;
(6) Fees for consistent removal by the town of pollutants otherwise subject to federal pretreatment standards;
(7) A surcharge fee shall be levied for wastewater that has a BOD in excess of 250 mg/l and/ or TSS loading greater than 250 mg/l based on a monthly average set forth in Section 19-90;
(8) Other fees as the town may deem necessary to carry out the requirements contained in this article.
(b) The town council may revise the sewer user fees upon recommendations of the director or town manager at any time.
* * * * *
Sec. 19-138. Town customers.
(a) The use charge for South Kingstown customers shall be based on an annual water flow, measured or computed, or the minimum service charge whichever is greater.
(b) Water flow measured shall be based on the reading of water meters.
(c) Water flow computed, if no meters are available, shall be based on the estimated sewage flows calculated from the minimum design requirements for sewage flow tabulated in accordance with RI DEM Rules Establishing Minimum Standards Relating to Design Construction and Maintenance of On-site Wastewater Treatment Systems (OWTS), as amended.
(d) Each separate family unit in a multifamily dwelling building (more than one (1) family) and each separate commercial unit in a multi-commercial building shall be liable for the charges set forth in this section.
(e) The schedule of user charges is not printed herein but is on file in the office of the town clerk.
* * * * *
DIVISION 9. ONSITE WASTEWATER MANAGEMENT ORDINANCE
* * * * *
Sec. 19-158. Enforcement.
(a) Notice of violation. If an owner of an OWTS is determined to be in violation of this division the program administrator or his designee shall issue a written notice of violation (NOV) via certified mail to the owner. The notice, which shall be recorded in the Town’s land record evidence files, shall explain the nature of the violation, required actions, any assistance that is available from the Town and the possible consequences for noncompliance.
* * * * *
(c) Penalties. Any person who fails to comply with a written notice of violation issued under the provisions of this division may be fined not more than five hundred dollars ($500.00) per violation. Each day of a continuing violation may be construed to constitute a separate and distinct violation. All fees/fines shall be paid to the town for the administration and implementation of the OWMP. The town shall maintain its right to legal and equitable remedies that may be available in order to enforce compliance with the provisions of this division. An administrative fee, in an amount established by Town Council resolution, shall be payable prior to the program administrator recording a Release for a Failure to Inspect NOV.
Richard Bourbonnais, Director of Public Services is present and reviews the meetings held with Whalers Brewing Company and notes modest edits that were made to the proposed ordinance to alleviate concerns.
Eric Thunberg, Whalers Brewing Company is present and comments on the meetings with Town Staff and ordinance revisions. Mr. Thunberg thanks the Town Council and Town Staff for their consideration.
UNANIMOUSLY VOTED: to close the Public Hearing.
Council Vice President Collins requests staff to provide a brief overview of the proposed changes. Mr. Bourbonnais reviews the revisions made to Section 19-90 of the proposed ordinance.
UNANIMOUSLY VOTED: to adopt amendments to the Town Code, Chapter 19 Utilities, Article II. Wastewater Management as further amended, as follows:
AMENDMENTS TO THE TOWN CODE
Chapter 19 UTILITIES
Article II. Wastewater Management
DIVISION 1. GENERALLY
Sec. 19-16. Definitions.
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:
* * * * *
On-site Wastewater Treatment System or OWTS (f/k/a Individual Septic Disposal System – ISDS) means a privately owned and maintained wastewater disposal system designed to process and treat wastewater from residential and non-residential buildings where public sanitary sewers are not available.
* * * * *
POTW means a publicly owned treatment works.
* * * * *
RIDEM means the RI Department of Environmental Management.
* * * * *
Standard Industrial Classification (SIC) means a U.S. Securities and Exchange Commission code that designates different types of business.
* * * * *
Sec. 19-17. Damaging equipment, structures, etc.
No person shall maliciously, willfully, or negligently break, damage, destroy, uncover without authorization, deface or tamper with any structure, appurtenance, or equipment which is a part of the drainage system or sewage works. Any person convicted of violating the provisions of this article shall be fined not more than five hundred dollars ($500.00) for each violation and for the cost of replacement or repair of any damage.
* * * * *
DIVISION 3. PRIVATE SEWAGE DISPOSAL
Sec. 19-46. When required.
Where a public sanitary sewer is not available under the provisions of section 19-33, the building sewer shall be connected to a private sewage disposal system complying in all respects with Rules and Regulations Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Individual Sewage Disposal Systems of the state department of environmental management filed July 6, 1973, and any amendments or additions thereto that may be adopted and filed with the secretary of state.
Sec. 19-47. Appeals; notification.
The applicant for any sewage disposal system not initially approved by the state department of environmental management and requesting an appeal to the director of environmental management as provided in Part F, SD 17.01 of the minimum standards set forth in section 19-46 for approval shall notify the town building inspector of such appeal who in turn shall request notification by the director of environmental management of the time and place of such hearing.
* * * * *
Sec. 19-53. Deposit of untreated household waste by contractors engaged in cesspool and septic tank cleaning.
Contractors engaged in cesspool and septic tank cleaning service may deposit untreated household wastes at the sewage treatment plant under the following conditions:
(1) Only such wastes originating within the territorial boundaries of the towns of Narragansett and South Kingstown will be accepted.
(2) The contractor shall have obtained the following before permission will be granted to dispose of wastes at the treatment plant:
a. A license to remove, transport, and discharge OWTS contents at the South Kingstown treatment plant; and
b. A disposal vehicle permit for each vehicle to be utilized for waste hauling.
* * * * *
DIVISION 4. BUILDING SEWERS AND CONNECTIONS
* * * * *
Sec. 19-69. Separate sewer for each building; exception.
* * * * *
(c) Every building sewer connection installed after March 15, 1984, must include a cleanout located at the property line. Cleanouts must have a removable cover and be accessible zero (0) to twelve (12) inches below ground surface. Any sewer service line repair and/ or replacement, which does not have a previously installed cleanout, shall be required to install a cleanout at the property line at the time of service line repair or replacement.
* * * * *
Sec. 19-72. Procedure for removing sewage when drain is inadequate.
In all buildings in which any building sanitary sewer service is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building sewer service shall be lifted by an approved means by the owner and discharged to the building sewer. Backwater check valves shall be installed on the owner's sewer lateral at the owner's expense.
* * * * *
Sec. 19-76. Utility Contractors.
(a) Building sewers and connections shall be made only by utility contractors licensed by the State of Rhode Island to perform such work in the town. Notice must be left at the office of the water/wastewater department at least forty-eight (48) business hours before work is begun on a drain, and no material shall be used or work covered until inspected and approved by the director or his agent. Such information as the town has with regard to the position of junctions or branches will be furnished to utility contractors, but at their risk as to the accuracy of the same.
(b) Any contractor engaged by a property owner with the permission of the director for installation or repair of house connections in the public streets or highways shall be bound by the conditions for sewer installations stated in sections 19-112 and 19-113.
(c) Utility contractors shall complete and file application for drains in the name of the owner, obtain the owner's signature thereon, pay application and inspection fee, and complete the location plan required by section 19-67(b).
(d) Utility contractors must meet one (1) of the following standards:
(1) Have a license as a master plumber under state licensing requirements.
(2) Complete the requirements by the State of Rhode Island for qualifying as a utility contractor.
* * * * *
DIVISION 5. USE REGULATIONS
* * * * *
Sec. 19-90. Conditionally prohibited discharges.
No person shall discharge or cause to be discharged the following described substances, materials, waters, or wastes if it appears likely in the opinion of the director that such wastes can harm either the sewers, sewage treatment process, or equipment, have an adverse effect on the receiving waters, or can otherwise endanger life, limb, public property, or constitute a nuisance. In forming his opinion as to the acceptability of these wastes, the director will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the sewage treatment process, capacity of the sewage treatment plant, degree of treatability of wastes in the sewage treatment plant, and other pertinent factors. The substances prohibited are:
* * * * *
(7) Any waters or wastes shall not contain any of the following substances in concentrations greater than listed below:
Substance | Monthly Average | Max. Daily |
Arsenic | None | 0.1 |
Cadmium | None | 0.26 |
Chromium (total) | 1.71 | 2.77 |
Copper | None | 3.38 |
Lead | None | 0.69 |
Mercury | None | 0.047 |
Nickel | None | 3.98 |
Silver | None | 0.43 |
Zinc | None | 2.61 |
Cyanide | None | 1.2 |
Sulfide (total) | 3.107 | 3.107 |
Sulfide (dissolved) | 1.0 | 1.0 |
Oil and grease | 100.0 | 100.0 |
BOD** (1) | None | 519.0 |
TTO*** | 2.13 | 2.13 |
TO**** | 1.0 | 1.0 |
TSS***** (1) pH | None High 9.5 | 519.0 Low 5.5 |
(1) SIC Codes 2082, 2084 and 2085 will be based upon Mass Loading. The total allocation of said SIC code users shall not exceed the total lbs. of BOD/ day and lbs. of TSS/ day as established in the wastewater discharge permit based on the Local Limits Derivation Report, latest edition as adopted.
* mg/l — Milligrams per liter.
** BOD — Biological oxygen demand; surcharge applies above 250 mg/l
*** TTO — Total toxic organics; As defined in 40 CFR 433.11
**** TO — Toxic organics.
***** TSS – Total Suspended Solids; surcharge applies above 250 mg/l
Hazardous or toxic organic compounds shall be set on a case by case basis using priority pollutants standards (LD 50′ , TL 96′ , or other established limits) as guidelines.
* * * * *
(11) BOD & TSS shall be allotted to individual businesses on a mass loading basis for the following U.S. Security Exchange Commission, Standard Industrial Classification - SIC codes:
SIC Code 2082 – Malt Beverages
SIC Code 2084 – Wines, Brandy & Brandy Spirits
SIC Code 2085 – Distilled & Blended Liquors
The above noted SIC Codes shall apply to micro-brewery or micro-distillery businesses that produce less than 15,000 barrels of product per year (1 barrel = 31 gals). Businesses with the above noted SIC codes that produce in excess of 15,000 barrels of product per year may be subject to additional pretreatment requirements as determined by the director if the additional barrels require permit modification due to the increase in discharge.
(12) Each business with a SIC code of 2082, 2084 and/ or 2085 shall submit the following information to the Town on an annual basis:
a.) Minimum information submittal
i) A detailed process flow diagram of the distilling process and pretreatment system
ii) Daily volume and peak flow rate of proposed process wastewater discharge
iii) Anticipated annual volume of process wastewater proposed for discharge
iv) BOD & TSS of proposed process wastewater discharge
v) A piping schematic of water supply and waste lines
vi) Pretreatment sampling manhole location
vii) Effluent flow meter location, manufacturer, size and recorder information
viii) An annual industrial wastewater user application with associated fees
ix) Any other information that the Town requires to approve an annual industrial user license
x) Install a continuous BOD & TSS sampler with a recorder approved by the Town
b.) The Town will make a determination, with respect to the BOD and TSS that will be allotted to each SIC Code 2082, 2084 & 2085 business annually based upon the information provided by the business each year.
(13) Each business with a SIC code of 2082, 204 and/ or 2085 shall submit the following information to the Town on a monthly basis on or before the 2nd Monday of each month for the prior calendar month period:
a.) A monthly report that includes the following:
i) Monthly process wastewater discharged
ii) BOD concentration
iii) TSS concentration
(14) Each SIC Code 2082, 2084 & 2085 business shall be subject to a waste loading user fee surcharge established by Town Council resolution, which is in addition to wastewater user fee minimum and excess user charges.
(15) SIC Code 2082, 2084 & 2085 businesses shall not be allowed to discharge production waste stream solids into the wastewater collections system. All solids, such as mash, etc. are to be hauled off-site for proper disposal.
(16) All process wastewater for SIC Code 2082, 2084 & 2085 businesses shall be separate from all other domestic and non-domestic wastewater streams. A pretreatment sampling manhole that is accessible 24 hours per day by Town staff shall be installed at the exterior of the building after the pretreatment process, but before the process waste stream combines with a domestic waste stream.
(17) All process wastewater for SIC Code 2082, 2084 & 2085 businesses shall be discharged into an equalization tank (or basin) where the pH levels can be adjusted to the permit range between 5.5 and 9.5 s.u. (standard units).
* * * * *
Sec. 19-97. Standards for tests and measurements.
a. All measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made in this article 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, and shall be determined at the control manhole provided or upon suitable samples taken at the control manhole. If no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb, and property. The particular analyses involved will determine whether a twenty-four-hour composite of all outfalls of a premises is appropriate, or whether a grab sample or samples should be taken. Normally, but not always, BOD and suspended solids analyses are obtained from periodic grab samples. Sampling and analyses may be required by the director to be done by an independent laboratory approved by the director with all costs borne by the customer or applicant.
b. Compliance determination: Compliance determination shall be conducted by the user by the use of grab samples, time composited samples or both as determined necessary by the director. Composite samples may be taken over a 24-hour period, or over a longer or shorter time span, as determined by the director, to meet the needs of specific circumstances.
c. Analysis of wastewater: Laboratory analysis of commercial and / or industrial wastewater samples shall be performed in accordance with 40CFR Part 136 or equivalent methods approved by the US Environmental Protection Agency.
* * * * *
DIVISION 6. INSTALLATION
* * * * *
Sec. 19-112. Standards.
The minimum size of sanitary sewers shall be eight (8) inches. The minimum slope shall be such that a minimum velocity of two (2) feet per second is maintained with the pipe flowing full based on the Manning formula within value of the pipe material used and maximum velocity of ten (10) feet per second under the same criteria. Sewers shall normally be laid in straight lines except as approved by the director for forced sewer mains on curved streets where the maximum deflection at any joint shall not exceed three (3) degrees and the radius shall not be less than one hundred (100) feet. Leakage tests shall be performed and shall meet the standard requirements of the water/wastewater department. Manholes, sewers, and appurtenances shall meet in all respects the design standards, size, construction methods and tests conforming with TR-16 Guide for the Design of Wastewater Treatment Works, as amended and Town of South Kingstown construction specifications. Materials of construction shall conform to the American Society of Testing Materials or in the absence of such standards to accepted commercial standards. Interpretation of any conflict of any of the above standards shall be made by the director. The Town reserves the right to conduct any post-construction inspection tests and/ or inspections of newly constructed sanitary sewers to determine the performance of said sewer infrastructure that are proposed for acceptance by the Town. The Town reserves the right to collect actual cost it incurs for these tests and/ or inspections from the developer, property owner or licensed utility contractor.
* * * * *
Sec. 19-115. Connection policy.
The town hereby establishes the following policy relative to future connections to the sewer system:
(1) Property within the existing and/or future sewer service area. Any parcel of land located within the existing and/or future sewer service area as defined in figure 6.2 entitled "Sewer Service Areas," of the Town of South Kingstown Comprehensive Community Plan, as amended, may be required to connect to the sanitary sewer system. The property owner agrees to abide by all conditions, restrictions, standards, specifications, design criteria, and to pay all fees which may be established by the town. The property owner shall also pay any cost(s) associated with sewer service connection and/or sewer main extensions.
a. Property located along and abutting an existing sewer line shall be governed by section 19-33.
b. Property not located along and not abutting an existing sewer line where the property will require a sewer line extension shall be governed by section 19-111 and the following:
1. The director may require that property(s) proposed for development be required to connect to the sanitary sewer system provided the following conditions are met:
(i) Satisfactory grades are established meeting the approval of the director, and
(ii) Permanent rights-of-way and easements are granted to the town (where required).
2. The director shall consider the following criteria in determining if a mandatory connection and/or sewer main extension is required:
(i) Conformity to Town of South Kingstown Comprehensive Plan.
(ii) Areas of existing OWTS problems or failures.
(iii) Soil conditions not suitable for OWTS placement.
* * * * *
DIVISION 8. FEES AND USER CHARGES
Sec. 19-136. Established.
(a) User charges for South Kingstown and Narragansett users shall be established and may be revised from time to time by the town council upon recommendation of the director or the town manager. The town upon recommendation of the director may adopt fees by resolution for the following:
(1) Fees for reimbursement of costs of setting up and operating the town's pretreatment program;
(2) Fees for monitoring, inspections and surveillance procedures;
(3) Fees for reviewing accidental discharge procedures and construction;
(4) Fees for permit applications;
(5) Fee for filing appeals;
(6) Fees for consistent removal by the town of pollutants otherwise subject to federal pretreatment standards;
(7) A surcharge fee shall be levied for wastewater that has a BOD in excess of 250 mg/l and/ or TSS loading greater than 250 mg/l based on a monthly average set forth in Section 19-90;
(8) Other fees as the town may deem necessary to carry out the requirements contained in this article.
(b) The town council may revise the sewer user fees upon recommendations of the director or town manager at any time.
* * * * *
Sec. 19-138. Town customers.
(a) The use charge for South Kingstown customers shall be based on an annual water flow, measured or computed, or the minimum service charge whichever is greater.
(b) Water flow measured shall be based on the reading of water meters.
(c) Water flow computed, if no meters are available, shall be based on the estimated sewage flows calculated from the minimum design requirements for sewage flow tabulated in accordance with RI DEM Rules Establishing Minimum Standards Relating to Design Construction and Maintenance of On-site Wastewater Treatment Systems (OWTS), as amended.
(d) Each separate family unit in a multifamily dwelling building (more than one (1) family) and each separate commercial unit in a multi-commercial building shall be liable for the charges set forth in this section.
(e) The schedule of user charges is not printed herein but is on file in the office of the town clerk.
* * * * *
DIVISION 9. ONSITE WASTEWATER MANAGEMENT ORDINANCE
* * * * *
Sec. 19-158. Enforcement.
(a) Notice of violation. If an owner of an OWTS is determined to be in violation of this division the program administrator or his designee shall issue a written notice of violation (NOV) via certified mail to the owner. The notice, which shall be recorded in the Town’s land record evidence files, shall explain the nature of the violation, required actions, any assistance that is available from the Town and the possible consequences for noncompliance.
* * * * *
(c) Penalties. Any person who fails to comply with a written notice of violation issued under the provisions of this division may be fined not more than five hundred dollars ($500.00) per violation. Each day of a continuing violation may be construed to constitute a separate and distinct violation. All fees/fines shall be paid to the town for the administration and implementation of the OWMP. The town shall maintain its right to legal and equitable remedies that may be available in order to enforce compliance with the provisions of this division. An administrative fee, in an amount established by Town Council resolution, shall be payable prior to the program administrator recording a Release for a Failure to Inspect NOV.
A. Theresa Murphy, Director of Leisure Services is in attendance and presents a status report on the 300th Anniversary Steering Committee. Ms. Murphy reviews the programs and projects the Committee is working on over the next year such as the Town-Wide Bulb Planting, Town Hall Lighting Kickoff, 300th Anniversary Speaker Series, SK Incorporation Day Bonfire, National Medal of Honor Day Ceremony, Earth Day Spring Cleanup, Memorial Day Parade, 300th Anniversary Parade and Picnic, 4th of July Celebration, Music and Movies on the Village Green, Tribute to Civil War General Isaac P. Rodman, 300th Anniversary Trifecta, Public Art Installation Unveiling, Town Beach Bonfire, An Opera on the Narragansett Sachem and Great Swamp Massacre, Annual Tree Lighting, concerts, and merchandise fundraising.
UNANIMOUSLY VOTED: to support the 300th Anniversary Steering Committee’s planned events and projects to take place throughout 2023 in recognition of the Town’s 300th anniversary of incorporation; subject to sufficient funding and contingent upon all State and Local permitting, insurance requirements, and necessary safety and security protocols at the direction of the Chief of Police; and as further detailed in a memorandum from the Director of Leisure Services to the Town Manager dated October 19, 2022 and entitled “300th Anniversary Steering Committee – Status Report on Planning.”
B. UNANIMOUSLY VOTED: that a resolution adopted October 3, 2022 by the Barrington Town Council requesting the RI General Assembly to adopt legislation declaring Juneteenth an official State holiday in recognition of the anniversary of the last African slaves being freed in Texas on June 19, 1865 is received, placed on file, and the Town Council voted to support this resolution.
G. President McEntee reads the Proclamation into the record, and it is
UNANIMOUSLY VOTED: that an email dated October 19, 2022 from Paula J. Gauthier, Program Support Assistant, US Small Business Administration requesting a proclamation for National Veterans Small Business Week from October 31st through November 4th is approved as follows:
NATIONAL VETERANS SMALL BUSINESS WEEK PROCLAMATION
WHEREAS, nearly one out of ten small businesses across the United States is veteran owned -- from Main Street store fronts to virtual high-tech startups that advance America, veteran owned small businesses are a pillar of our economy and contribute to the foundation of our nation; and
WHEREAS, veteran small business owners are resilient, disciplined, and mission-oriented, thanks to their military service and committed to serving our country and communities; and
WHEREAS, when we resolve ourselves to strengthen our communities, we must empower and support the giants that veteran entrepreneurs are in our economy; and
WHEREAS, National Veterans Small Business Week highlights the programs and services available to veteran entrepreneurs through the U.S. Small Business Administration and resource partners; and
WHEREAS, the Town of South Kingstown supports and joins in this national effort to help America’s veteran owned small businesses start, grow, and recover their businesses after a disaster and help our communities thrive.
NOW, THEREFORE, we, the Town Council of the Town of South Kingstown, do hereby proclaim October 31 through November 4, 2022 as National Veterans Small Business Week.
C. UNANIMOUSLY VOTED: that an email dated October 13, 2022 from Pam Woo, Small Business Saturday Coalition and Women Impacting Public Policy requesting a proclamation for Small Business Saturday in South Kingstown is received, placed on file, and Staff is directed to prepare a proclamation for the next meeting.
D. Theresa Murphy, Director of Leisure Services reviews the Recreation Commission’s position on the Town Farm Park Land Swap with South County Hospital and the purpose of their statement in order to memorialize discussions that have taken place.
Mike Ursillo, Town Solicitor requests that this item be referred to the Town Solicitor’s office and be continued to the next meeting.
Councilwoman Kelso makes a motion to refer this item to the Town Solicitor and continue to the next meeting, Vice President Collins seconds the motion.
Discussion ensues relative to the archaeological findings reports.
Mr. Manni reviews the reports provided to the Council and his upcoming meeting with John Brown, Member of the Narragansett Tribe to discuss the archaeological report.
It was voted to add the archaeological reports on Town Farm Park. to the Agenda for discussion purposes.
James Rabbitt, Director of Planning is present and reviews the South County Hospital Master Plan that is currently under review. Mr. Rabbitt notes that archaeological reports are not to be released to the public in accordance with state law. The archaeological report done for South County Hospital shows that historical artifacts were found, but it was not a burial site.
Discussion ensues relative to a letter sent by the RI Historic Preservation Commission concerning potential burial evidence.
UNANIMOUSLY VOTED: that a memorandum dated October 17, 2022 from the Director of Leisure Services providing the Recreation Commission’s position statement on the Town Farm Park Land Swap with South County Hospital is received, placed on file, and referred to Town Staff to provide a report at the November 28, 2022 meeting.
E. Michael Sherry, Chairman of the Waterfront Advisory Commission (WAC) is present and reviews past discussions from the April 11, 2022 Council meeting regarding issues with the Coastal Resources Management Council (CRMC) public notice process and application approval requirements. The WAC recommends that CRMC work with Municipalities to design an integrated process for applications that coordinates with state and town review processes, and that CRMC identify non-compliant parameters and disclose the reasons for the approval of a non-compliant application.
UNANIMOUSLY VOTED: to authorize the Town Manager to communicate with CRMC, suggested recommendations for changes in the CRMC public notice process based on the recommendations by the Waterfront Advisory Commission and further described in a memorandum from the Director of Leisure Services to the Town Manager dated October 18, 2022 and entitled “CRMC Public Notice Process – Recommendations by the Waterfront Advisory Commission.”
F. Jon Donigan is present and comments on the outstanding items for approval pertaining to the completion of the South County Trail Subdivision and requests a status update.
Richard Bourbonnais, Director of Public Services reviews his discussions with the contractor on addressing the issues with drainage discharge from the southwesterly detention/retention pond and the importance of having a design engineer sign off on the pond prior to Town approval. It is noted that many of the outstanding approval items have been resolved and the Developer will continue to maintain and plow that road until adopted by the Town.
UNANIMOUSLY VOTED: that an email dated October 18, 2022 from Jon Donigan, President, South County Trail Homeowners Association requesting an update on the status of Michaela Court issues is received, placed on file, and referred to Town Staff.
H. Jim O’Neill is present and comments on his request that the Town Council appeal the state acceptance of Plant Based Compassion Center (PBCC) as a Zone 5 candidate for a medical marijuana license from South Kingstown.
The Town Solicitor notes that the Town has no legal standing to appeal the state granting PBCC’s license, but has the ability to issue a cease-and-desist letter should PBCC try to sell cannabis out of the South Kingstown office location.
Discussion ensues, and it is
UNANIMOUSLY VOTED: that an email dated October 19, 2022 from Jim O’Neill concerning the granting of a Compassion License by the RI Department of Business Regulation is received and placed on file.
I. The Town Manager reviews Ms. Coles concerns relative to the installation of AT&T equipment on a telephone pole located on State owned land.
UNANIMOUSLY VOTED: that an email dated October 19, 2022 from Terri Coles concerning the installation of AT&T equipment on a telephone pole is received, placed on file, and referred to Town Staff.
Council President McEntee invites residents to come forward with comments.
Jim O’Neill comments on Communication Item 8E concerning issues with the Coastal Resources Management Council (CRMC) public notice process and application approval requirements. Mr. O’Neill also comments on the RI Supreme Court denial of the proposed Champlin Marina expansion on Block Island.
Elizabeth Scott is present and comments on the proposed land swap with South County Hospital for Town Farm Park.
Patrick Quinn is present and comments on the proposed Town Farm Park land swap, and South County Hospital parking issues.
Bob Trager is present and comments on the importance of caring.
Luke Murray, Director of Administrative Services is present and reports on the School Building Committee (SBC) meetings that have been held. Mr. Murray reviews concepts the SBC is considering, encouragement for public input, and the Town Council’s review process.
Discussion ensues relative to concerns about Committee Member attendance, and the SBC’s upcoming work volume.
The Town Solicitor reviews options to appoint replacement members if needed.
Discussion ensues relative to an update on Weston and Sampson Consulting Group’s scope of work for grant applications for ARPA Funds.
The Town Manager reviews the financial allocation to Weston and Sampson for professional consulting services related to the American Rescue Plan Act Local Fiscal Recovery Fund, and the federal changes in reporting which may change the scope of work for Weston and Sampson and lower the contract costs.
UNANIMOUSLY VOTED: to appoint Steve Stewart to the Town’s 300th Anniversary Steering Committee.
UNANIMOUSLY VOTED: to appoint Joseph Nuzzolillo to the Waterfront Advisory Commission to fill a term to expire June 2025.
A. UNANIMOUSLY VOTED: to continue consideration of proposed amendments to the Wastewater Rates and On-Site Wastewater Fees, as follows.
Wastewater Rates
ADD:
Commercial/ Industrial User Surcharge as follows:
Biological Oxygen demand (BOD) – above 250 mg/ l $0.87 per pound
Total Suspended Solids (TSS) – above 250 mg/ l $0.77 per pound
On-Site Wastewater Fees
On-site Wastewater Treatment System (OWTS)
Release of Notice of Violation for Failure to Inspect $200.00
B. UNANIMOUSLY VOTED: to authorize a joint award of bid to Morton Salt, Inc., 123 North Wacker Drive, Chicago, IL 60606 for winter road salt at a unit price of $76.37 per ton delivered for FY 2022-2023, in addition to an award of bid to Eastern Salt Co., 134 Middle Street, Lowell, MA 01852 for winter road salt at a unit price of $76.51 per ton delivered for FY 2022-2023; and as further described in a memorandum from the Public Services Director to the Town Manager dated October 11, 2022 and entitled “Bid Recommendation for Winter Road Salt.”
D. UNANIMOUSLY VOTED: to authorize an award of bid to Santa Buckley, 154 Admiral Street, Bridgeport, CT 06605 for the purchase of gasoline and diesel fuel through August 30, 2023 based on the RI Municipal Purchasing Agents Associations’ cooperative bid, at the lowest daily rack prices published by Oil Price Information Services (OPIS) plus the increment of $0.065/ gallon for gasoline and diesel fuel, and to further extend for two (2) one-year renewal options upon approval by the RI Municipal Purchasing Agents Association; and as further described in a memorandum from the Procurement Administrator to the Town Manager dated October 19, 2022 and entitled “Gasoline & Diesel Fuel Recommendation.”
UNANIMOUSLY VOTED: to adjourn at 9:45 PM.
Susan M. Flynn, CMC
Town Clerk