APPENDIX C SEWERS AND SEWAGE DISPOSAL[1]
Sec. 18-2.1. Unlawful discharges.
It shall be unlawful for any person to place, deposit, or permit to be deposited in any unsanitary manner on public or private property within the town or in any area under the jurisdiction of the town, any human or animal excrement, garbage, or objectionable waste. It shall be unlawful to discharge to any natural or manmade outlet within the town any wastewater or other polluted waters, except where in accordance with state law or local ordinance.
(Ord. of 3-26-07(1); Ord. of 7-25-16)
Sec. 18-2.2. Use of privy, septic tank, etc.
It shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of wastewater, except as provided by state law or local ordinance.
(Ord. of 3-26-07(1); Ord. of 7-25-16)
Editor's note(s)—An ordinance of July 25, 2016, repealed § 18-2.3, which pertained to mandatory connection for buildings, properties and derived from an ordinance of March 26, 2007.
Sec. 18-2.4. Mandatory connection for car wash, laundry, etc.
No person shall operate the business of a car wash, public laundry, automatic laundry or laundromat on any lot in the town unless such lot is served by a public sewer system or by a system which reclaims for reuse on the premises at least 80 percent of the water discharged from the washing facilities. This section shall not apply to any business, which shall have been in operation prior to adoption of this chapter and shall not apply to any gasoline station with a car wash stand to accommodate the washing of no more than one car at a time.
(Ord. of 3-26-07(1))
Sec. 18-3.1. Private wastewater disposal.
Where a public sanitary sewer is not available under the provisions of this chapter, the building sewer shall be connected to private wastewater disposal system complying with the provisions of this article.
(Ord. of 3-26-07(1))
Sec. 18-3.2. Compliance with state regulations.
The type, capacities location and layout of a private wastewater disposal system shall comply with the Rules and Regulations Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Individual Sewage Disposal Systems and amendments thereto, as adopted by the state department of environmental management, under the authority of title 23, chapter 19.5, section 1 et seq. of the General Laws of 1956. A copy of approved ISDS application shall be provided to the superintendent.
(Ord. of 3-26-07(1))
Sec. 18-3.3. Permit, inspection, notification.
A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the state department of environmental management.
(Ord. of 3-26-07(1))
Sec. 18-3.4. Operation and maintenance.
a) The owner shall at all times operate and maintain all the private wastewater disposal facilities on his/her private property in a sanitary condition. No person shall deposit, nor allow to be deposited in the disposal facilities, swill rubbish or solid refuse matter other than feral matter.
b) Every property owner and/or resident of the town shall be entitled to septage dumping of residential private sewage disposal system at a City of Fall River approved facility.
(Ord. of 3-26-07(1); Ord. of 7-25-16)
Editor's note(s)—An ordinance of July 25, 2016, repealed § 18-3.6, which pertained to expiration of permit and permit fees and derived from an ordinance of March 26, 2007.
Sec. 18-3.7. Tank truck requirements and hours of cleaning.
All tank trucks for removing the contents of any privy, vault, cesspool, septic tank, or other private sewage disposal system shall be kept airtight and free from leakage. All apparatus used in the business shall be kept clean and well painted. No tank trucks shall be allowed to stand in any street except while in use.
(Ord. of 3-26-07(1); Ord. of 7-25-16)
Editor's note(s)—An ordinance of July 25, 2016, repealed § 18-3.8, which pertained to discharge requirements and fees and derived from an ordinance of March 26, 2007.
Secs. 18-4.1—18-4.10. Reserved.
Editor's note(s)—An ordinance of July 25, 2016, repealed §§ 18-4.1—18—4.10, which pertained to permits; separate and connecting building sewers; investigation of existing sewer service connections; costs; extension of sewer system; sanitary sewer standards; service connection standards; approval of sewage pumps; prohibited connections and requirements for connection, respectively and derived from an ordinance of March 26, 2007.
Sec. 18-4.11. Requirements for excavation.
All excavation for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the department of public works.
(Ord. of 3-26-07(1); Ord. of 7-25-16)
Secs. 18-4.12—18-4.14. Reserved.
Editor's note(s)—An ordinance of July 25, 2016, repealed §§ 18-4.12—18-4.14, which pertained to inspection of connection; discontinuance of use; and sewer service under unusual conditions, respectively and derived from an ordinance of March 26, 2007.
Sec. 18-4.15. Removal/fill of existing septic tanks.
Whenever a steel septic tank is disconnected and/or abandoned, the steel tank shall be pumped, removed and properly disposed of. The remaining hole shall then be filled in with suitable material.
Whenever an existing concrete septic tank or cesspool is disconnected and or abandoned, the concrete tank or cesspool pit shall be pumped, abandoned in place or removed and properly disposed of. The remaining hole shall be filled in with suitable material.
(Ord. of 3-26-07(1))
Editor's note(s)—An ordinance of July 25, 2016, repealed § 18-4.16, which pertained to guarantee of performance and inspection and maintenance of improvements, properties and derived from an ordinance of March 26, 2007.
This ordinance has been drafted in accordance with and under the authority of the title 45, chapter 24.5 of the General Laws 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". Nothing in this act replaces or precludes any obligation of the owner to notify the state department of environmental management, the state department of health, the coastal resources management council, or their successors of septic system failures.
(Ord. of 3-26-07(1))
Sec. 18-9.2. Purpose and jurisdiction.
1) Purpose. The town council hereby finds that onsite wastewater treatment systems are prone to failure with age, out-moded design, overuse, or improper installation, repair and maintenance. Septic system failure poses a risk to public health and is a source of contamination to surface and groundwater. The purpose of this ordinance is to establish an onsite wastewater management district (OWMD) consistent with the Tiverton Comprehensive Plan and the Tiverton Onsite Wastewater Management Plan. Within this district all onsite wastewater treatment systems in Tiverton shall be properly operated, regularly inspected, and routinely maintained in order to prevent system malfunction and insure maximum system longevity. This ordinance also recognizes the property owner's responsibility to ensure that their system is well maintained and properly functioning.
2) Jurisdiction. Under this ordinance the Town of Tiverton shall have jurisdiction to ensure the operation and maintenance of all existing and future onsite wastewater treatment systems in Tiverton.
(Ord. of 3-26-07(1); Ord. of 7-25-16)
1) The Tiverton Town Council hereby finds the following evidence in support of the establishment of an onsite wastewater management district. The Tiverton Comprehensive Plan recognizes septic systems as a source of ground and surface water contamination in the town, and states that the "town shall adopt a town-wide wastewater management district. All documentation and findings included in the Tiverton Onsite Wastewater Management Plan are incorporated herein by reference:
a) Both now and in the in the future most of Tiverton's geographical area will rely on onsite wastewater treatment systems (OWTS or septic systems). Sewers will be available only in certain portions of northern Tiverton typically characterized by small lots, high density and slowly percolating soils.
b) Water treated at the sewer plant is not available to recharge local aquifers, which could potentially diminish water supply in local wells.
c) The report Limnological Investigation of Stafford Pond (1997) recommends the establishment of a septic system maintenance and management program for Stafford Pond.
d) The comprehensive plan states that the construction and maintenance of effective septic systems is a major concern of the town especially in the Stafford and Nonquit Pond watersheds. The comprehensive plan also recommends that the town review, amend and reinforce regulations concerning the construction and maintenance of septic systems.
e) Tiverton's ground and surface waters are important natural and recreational resources that are vital to the town's economic, environmental and public health.
f) In some areas of town, slowly permeable soils, high water tables and improperly designed, installed and maintained, OWTS result in surface breakouts of sewage and threaten public health and the quality of receiving surface waters.
g) Many of the onsite wastewater treatment systems in town are cesspools or other substandard systems. Some were initially designed for smaller homes that were subsequently expanded and converted to year round use, without the necessary improvements to the system.
(Ord. of 3-26-07(1))
Sec. 18-9.4 Onsite wastewater management district definitions.
1) District definition. The onsite wastewater district shall include the entire Town of Tiverton.
2) Other definitions. Any term not defined herein shall be governed by the definition as it appears in the current RIDEM Rules and Regulations Establishing Minimum Standards Relating to the Location, Design, Construction and Maintenance of Individual Sewage Disposal Systems (hereinafter RIDEM ISDS Regulations). Any term not defined therein shall be governed by the definition as in appears in the Tiverton Zoning Ordinance or the Tiverton Sewer Ordinance as appropriate.
3) Access riser. A structurally sound and water tight inspection port or manhole, which at its lowest point attaches to a septic tank or other component of an OWTS and extends upward to the ground's surface, allowing visual inspection and where necessary physical access to the OWTS for the purposes of maintenance and repair.
4) Contaminant. Any physical, chemical, biological or radiological substance which enters the hydrological cycle through human action and may cause a deleterious effect on ground and/or surface water resources; it shall include but not be limited to hazardous waste, nutrients, pathogens and sanitary sewage.
5) RIDEM. RIDEM is defined as the State of Rhode Island, Department of Environmental Management or its successor organization.
6) Effluent. Sewage, water or other liquid, partially or completely treated or in its natural state, flowing out of any component of an OWTS or flowing over the ground's surface or beneath the ground in groundwater.
7) Enhanced treatment systems. Onsite wastewater treatment that uses advanced treatment technologies, which provide for enhanced removal of one or more contaminants (e.g. nutrients, microorganisms, BOD, TSS) as compared to conventional septic systems.
8) Handbook. The Rhode Island Department of Environmental Management's Septic System Check-Up: The Rhode Island Handbook for Inspection as may be amended from time to time.
9) Hazardous waste.
a) Wastes which include, but are not limited to, those which are toxic, corrosive, flammable, or reactive; and/or
b) Wastes as defined in the Federal Comprehensive Environmental Response Compensation and Liability Act (CERCLA) US Code: Title 42, Chapter 103 and the RI Hazardous Waste Management Act, Section 23-19.14 or in any regulation or amendment adopted pursuant thereto: and/or as defined under section 3.25 of the RI Department of Environmental Management "Rules and Regulations for Hazardous Waste Generation, Transportation, Treatment, Storage and Disposal."
10) OWTS inspections. The following two types of inspections are required by this ordinance:
a) First maintenance (baseline) inspection. The initial inspection performed on an OWTS and site to gather baseline information. The tank is usually pumped as part of this inspection to better evaluate the existing condition of the system. First maintenance inspections involve the location of system components and more detailed data gathering that is not usually necessary for subsequent routine inspections.
b) Routine maintenance inspection. An inspection of an OWTS and system site to determine the need for pumping, establish future inspection schedules and to assess whether any repairs are necessary.
11) Maintenance. The periodic cleaning of any leaching chamber, cesspool, septic tank, building sewer, distribution lines, or any other component of an OWTS for the purpose of removing any accumulated liquid scum and/or sludge. The term "maintenance" shall also mean any regularly required servicing or replacement of related mechanical, electrical or other equipment.
12) Notice of noncompliance. A notice sent by certified mail and issued by the town administrator or his/her designee, to an owner of an OWTS for failure to comply with the provisions of this ordinance.
13) Notice of violation. A notice sent by certified mail and issued by the town administrator or his/her designee, to an owner of an OWTS for failure to comply with the requirements of a notice of non-compliance.
14) Onsite wastewater management program (OWMP). A town-wide program of various zoning and subdivision regulations, ordinances, educational programs, management practices and financial incentives that are designed to help protect the integrity of Tiverton's ground and surface water through the proper management design, siting, maintenance and installation of OWTS.
15) Onsite wastewater treatment system (OWTS). Synonymous with ISDS as defined in the RIDEM ISDS Regulations.
16) Package treatment plant. A modular treatment facility of state approved design and construction. For purposes of the onsite wastewater management ordinance, package treatment plants are considered OWTS.
17) Wellhead protection area. The critical portion of a three dimensional zone surrounding a public well or well field, through which water will move towards and reach such well or well field as designated by the director of RIDEM or as adopted by the town.
(Ord. of 3-26-07(1); Ord. of 7-25-16)
Sec. 18-9.5. Program administration.
The Town of Tiverton may enter into a contract with the Tiverton Wastewater District (TWWD) to manage the town's onsite wastewater management program, pursuant to section 7, paragraph 18 of the TWWD enabling legislation. Until such time, program administration shall be the responsibility of the town administrator, or his designee(s), who shall have the duties and powers formerly given to the town administrator or his/her designee and powers and duties formerly exercised by the wastewater management commission shall be exercised by the town council.
(Ord. of 3-26-07(1); Ord. of 7-25-16)
Sec. 18-9.6. Education program and phased implementation.
1) Establishment of a public education program. The town administrator, unless the TWWD has contracted to take over the responsibility, in cooperation with the conservation commission shall develop and oversee an annual education strategy designed to facilitate the effective implementation of the onsite wastewater management plan, the onsite wastewater management ordinance and related zoning and subdivision regulations. The education plan will be on file with the town administrator or his/her designee. The plan shall be updated by November 30th each year for implementation the following fiscal year. The educational program for any given year may include, but is not be limited to the following:
a) Need, benefits and goals of onsite wastewater management.
b) Proper inspection, operation and maintenance of OWTS.
c) Operation and management framework of the program.
d) Proper disposal of hazardous waste, including household hazardous waste.
e) Water conservation.
f) Protection of sensitive resources.
g) Use of environmentally sensitive cleaning products.
h) Use of alternative and innovative septic systems and associated technologies.
i) Costs of program and availability of financial assistance.
j) Informing designers, installers, and inspectors of specific Tiverton requirement.
2) Technical assistance. All persons applying to RIDEM for new OWTS installations, repairs or alterations shall meet with the town administrator or his/her designee prior to the system design in order to ensure that the design is consistent with town policy regarding treatment standards, which may be more stringent than RIDEM'S.
3) Phased implementation. The implementation of this ordinance and the timing of the first maintenance inspection shall be phased in accordance with the schedule below, as approved by the town council. In order of implementation, the five phased areas, as shown on the onsite wastewater management implementation map, shall be as follows:
a) Stafford Pond Watershed — Upon adoption of this ordinance.
b) Nanaquaket Pond Watershed — July 1, 2008.
c) Sakonnet Waterfront — November 1, 2011.
d) Nonquit Pond Watershed — July 1, 2012.
e) Remainder of Town — July 1, 2014.
(Ord. of 3-26-07(1); Ord. of 7-25-11, § 14; Ord. of 7-25-16)
Sec. 18-9.7. OWTS inspection and maintenance.
1) OWTS inspections. The purpose of OWTS inspections is to assess the current condition of the OWTS in order to determine a) what maintenance is required, b) when the maintenance should be undertaken c) the date of the next inspection and d) the need for system upgrade or replacement. Maintenance requirements shall be based upon inspection results. Information from the inspections will also be used to complete a town-wide OWTS inventory and to track system inspections, maintenance and upgrades. All inspections shall follow the criteria and procedures outlined in the Rhode Island Department of Environmental Management's Septic System Check-Up: The Rhode Island Handbook for Inspection (hereinafter referred to as "The Handbook").
2) Inspection types. The following two types of inspections shall be required: a) First Maintenance (Baseline) Inspection, and b) Routine Maintenance Inspection:
a) A first maintenance (baseline) inspection of each OWTS in town shall be conducted in order to obtain baseline information and to determine a routine maintenance schedule and potential upgrade requirements. The septic tank shall be pumped as part of this inspection to better evaluate the condition of the system. First maintenance inspections shall also involve data gathering and location of system components.
b) Routine maintenance inspections are generally conducted after the first maintenance (baseline) inspection and may occur between septic tank pump-outs. The frequency of routine maintenance inspections shall be determined by the conditions found at the first maintenance (baseline) inspection or during subsequent routine maintenance inspections. Routine maintenance inspections for any given OWTS may be limited to sludge and scum measurements within a septic tank, or may include inspection and/or testing of components.
3) Who may inspect. All OWTS shall be subject to inspections by private, town-approved inspectors. In order for an inspector to be approved by the town, he/she must satisfactorily complete a course, approved by the town in a methodology consistent with use of the handbook. The town administrator or his designee shall maintain a list of approved inspectors and make such list available to property owners for the purpose of arranging the inspection of their own OWTS.
4) Inspection frequency and notification. The town administrator or his designee shall send written notice to OWTS owners of the need to schedule the first maintenance inspection as well as subsequent routine maintenance inspections of their septic system. The owner must complete an inspection with an approved inspector within 45 days of the date of notice. In general, inspection frequency for routine maintenance inspections shall be based on the results of the first maintenance (baseline) inspection, subsequent routine maintenance inspections and procedures outlined in the handbook. These include, but are not limited to, system age, household occupancy, tank size, sludge and scum measurements and when the system was last pumped. After a system has been inspected the owner shall receive notification of the maintenance requirements and the timeframe for the next inspection. The town administrator or his designee shall send a reminder notice to the owner as the date of the next routine maintenance inspection approaches.
5) Inspection reports. Standard inspection forms shall be those approved by the town administrator or his designee. These forms may be modified by the town administrator or his/her designee as needed to meet the technical and administrative needs of the program. The property owner shall provide the inspector with any available pertinent information, including but not limited to, the use, age, location, maintenance history and design of the system. The completed inspection report shall detail the results of the inspection, pumping or other maintenance requirements (if applicable), the timeframe for the next inspection and/or upgrade requirements for the OWTS. The inspector shall give the property owner and the town administrator or his designee an inspection report that details the OWTS condition, components, required maintenance and the date of the next routine maintenance inspection. The town administrator or his/her designee shall be responsible for maintaining the inspection, maintenance and upgrade records.
6) OWTS maintenance and owner's responsibility. The OWTS owner(s) shall assume all responsibility for hiring a septage hauler or maintenance contractor to complete the maintenance and inspection requirements contained in the OWTS inspection report within the time frame required. As proof of compliance, the property owner shall submit a receipt for pumping and other system maintenance to the town administrator or his/her designee within 30 days of the date stipulated in the OWTS inspection report.
7) Change in inspection or maintenance schedule. The town administrator or his/her designee, upon written notification to the property owner and the appropriate OWTS inspector, may change the inspection schedule and/or maintenance requirements of an OWTS, where such a change is deemed necessary for the proper functioning of the OWTS. Reasons for a schedule change, include but are not limited to, change in household occupancy, seasonal use, rental status, water consumption, system functioning, site characteristics and proximity to sensitive resources such as water supplies, poor soils, and coastal and freshwater wetlands. Likewise, the property owner(s) may petition the town administrator or his/her designee to alter the inspection and/or maintenance schedule. The owner must demonstrate, to the satisfaction of the town administrator or his/her designee 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 not impair the intent of this ordinance.
8) Immediate need to pump. In the event of a system failure or malfunction where there is an immediate need to PUMP that poses a public health or environmental hazard, the inspector shall immediately notify the property owner and the town administrator or his/her designee. The town administrator or his/her designee shall immediately serve upon the owner a notice and order directing the owner to immediately pump the system and to present evidence of pumping to the town administrator or his/her designee. Such evidence may be in the form of a receipt from an approved septage hauler. Failure to comply with this administrative order shall constitute a violation under this ordinance.
9) Failed OWTS. If an inspection reveals a failed OWTS, the town-approved inspector shall immediately notify the town administrator or his/her designee and the OWTS owner and send a copy of the inspection report to both parties. Where pumping records may indicate a failed system, the town administrator or his/her designee shall notify the owner in writing. Technologies selected to replace or repair failed systems shall be consistent with state regulations and town ordinances regarding treatment standards. At the owner's request, and in order to facilitate the septic system repair application with RIDEM, the town administrator or his/her designee shall meet with the owner to provide technical and administrative assistance regarding repairs. Such assistance shall be designed to help the owner through the application process, to understand technical issues and appropriate system choices and to solve the problem in a fair and expeditious manner. It does not relieve the owner's responsibility to hire needed professional assistance.
10) Notification of failed system. The town administrator or his/her designee shall give the owner of a failed system a written notice of noncompliance to repair the system. A copy of said notice shall also be sent to the department of environmental management. The owner shall be given 30 days to contact RIDEM and apply for a permit to repair or replace the system as necessary. The town administrator or his/her designee may require immediate remedial action to protect public health. A copy of the application to RIDEM shall be provided to the town administrator or his/her designee. Notification of RIDEM by the town administrator or his/her designee does not relieve the owner of their obligation to notify RIDEM. The property owner shall notify the town administrator or his/her designee as to the expected timetable for repairs to be completed.
(Ord. of 3-26-07(1); Ord. of 7-25-16)
Sec. 18-9.8. Miscellaneous regulations for OWTS operation and maintenance.
1) Septage disposal. Septage or contents pumped from an OWTS shall be discharged at the Fall River Wastewater Treatment Facility or other state-approved septage receiving facility.
2) Septic tank additives and improper discharges to OWTS: The use of septic tank additives shall follow RIDEM's policy, which prohibits the use of chemical additives. There is no evidence that biological additives provide any benefit to the functioning and maintenance of an OWTS. The use of biological additives does not relieve a property owner from the obligations of this ordinance. The disposal of hazardous wastes, to an OWTS is prohibited. There shall be no discharge of rainspouts, basement sumps, floor drains, or any other drains, other than those carrying household wastewater, to an OWTS.
3) Accessibility, effluent filters and inspection ports. All tanks installed, repaired, upgraded or altered after the effective date of this ordinance, shall be equipped with access risers to grade located at the inlet and outlet ends of the septic tank. Effluent filters are recommended at the outlet end of the tank. These measures will help locate the system, facing the inspection and pumping of a septic tank and ultimately the longevity of the OWTS. These items shall be installed in accordance with specifications available from the town administrator or his/her designee. Center access tanks shall not be used for new septic systems or for systems where the septic tank is being replaced. Any tank in good condition, installed prior to the effective date of this ordinance and without an access riser to grade shall be retrofitted with riser(s) in accordance with specifications available from the town administrator or his/her designee. The access riser(s) shall be installed no later than 30 days following the first maintenance inspection.
4) Watertight septic tanks. Per RIDEM regulations, any existing tank that leaks may be declared a failed system. All septic tanks installed after the effective date of this ordinance shall be certified watertight in accordance with American Society for Testing and Materials (ASTM) minimum standards or those developed by the town administrator or his/her designee. Tank installation must be done in accordance with manufacturers requirements. In addition, all new or replacement tanks must be site tested to ensure that they are watertight. The accepted procedure(s) for site testing tanks as watertight shall be available from the Tiverton Town Administrator or his/her designee.
5) Cesspools. According to RIDEM, cesspools are a sub-standard and inadequate means of on-site wastewater treatment. All cesspools shall be brought into conformance with current state and local standards within 12 months after the sale of a property. This subsection shall take effect as of January 1, 2007, unless: Either a listing agreement contract with a licensed real estate broker shall have been signed by the owner(s) of the property and the broker prior to January 1, 2007, in which case any buyer(s) of said property from that owner(s) while the listing agreement contract is in effect, shall be exempt from this requirement; or a purchase and sales agreement for the property shall have been signed by the owner(s) of the property and the prospective buyer(s) prior to January 1, 2007, in which case, the buyer(s) named in such purchase and sales agreement shall be exempt from this requirement.
6) Notwithstanding the foregoing, the closing and the conveyance of the property must take place by January 1, 2009 in order to qualify for this exemption.
7) Package treatment plants. At a minimum a licensed grade one operator must operate all package treatment plants.
(Ord. of 3-26-07(1); Ord. of 7-25-11, § 14; Ord. of 7-25-16)
1) Failure to inspect, repair, pump or maintain an OWTS. If an owner fails to inspect repair, pump or otherwise maintain an OWTS as specified in this ordinance within the timeframe provided under this ordinance and to submit proof of such to the town administrator or his/her designee they shall be in non-compliance under this ordinance.
2) Notice of non-compliance. If an owner of an OWTS is determined to be in non-compliance of this ordinance the town administrator or his/her designee, shall issue a written notice of non-compliance via certified mail to the owner. The notice shall explain the nature of the non-compliance, required actions, any assistance that is available from the town administrator or his/her designee a reasonable time frame for compliance, and the possible consequences for non-compliance.
3) Notice of violation. If an owner of an OWTS fails to comply with the notice of non-compliance, the owner shall be deemed in violation of this ordinance and the town administrator or his/her designee shall issue a written notice of violation. The notice shall be sent certified mail and shall explain the nature of the violation, required actions and timeframe to remedy the violation, assistance available from the town administrator or his/her designee, and the penalties for failure to correct the violation within the required timeframe.
4) Administrative review meeting. A person is encouraged to resolve issues at an informal administrative level before appealing a decision of the town administrator or his/her designee. Any owner of an OWTS who receives a notice of non-compliance or a notice of violation, or who is otherwise aggrieved by any action of the town pursuant to this ordinance, shall have the right to an administrative conference with the town administrator or his/her designee to determine how best to bring the system into compliance. In the case of a notice of non-compliance or a notice of violation, an administrative meeting, if desired, shall be requested in writing within ten days following the date of notice. A request for an administrative conference shall stay all proceedings under the appeal procedure. A written consent agreement signed by the town administrator or his/her designee and the OWTS owner shall outline the specifics of any agreement developed as the result of the administrative meeting. Alternately, an owner who has received a notice of non-compliance stating that they have not inspected or maintained their system as required may simply submit proof that such inspection or maintenance has been completed.
5) Penalties. Any person who fails to comply with a written notice of violation issued under the provisions of this ordinance shall be deemed to be in violation and may be fined not more than $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 in accordance with its charter. The Town of Tiverton shall maintain its right to legal and equitable remedies that may be available in order to enforce compliance with the provisions of this ordinance.
6) Failure to pay. Failure to pay any fees, or fines assessed by the town for the administration of the wastewater management district shall constitute a lien on the owner's property. In addition to the bill and any associated fines, the OWTS owner shall be responsible for any interest, administrative and court costs associated with the collection of the funds.
(Ord. of 3-26-07(1); Ord. of 7-25-16)
Sec. 18-9.10. Appeals and variances.
1) Appeals. An aggrieved party shall have the right to appeal the decision of the town administrator or his/her designee to the Tiverton Town Council by submitting a written request within ten days after the notification of the action. The written appeal shall be heard by the town council within 30 days from the date of the filing. The town council shall make a final ruling on the appeal within 15 days of the close of the meeting. The town administrator or his/her designee's decision, action or determination shall remain in effect during such period or reconsideration.
2) Variances. Any party aggrieved by a determination pursuant to section 18-9.8(5), entitled cesspools, shall have the right to seek a variance from the town council by submitting a written request within ten days after the notification of the action. The variance request shall be heard by the town council within 30 days from the date of the filing. The town council shall make a final ruling on the variance within 15 days of the close of the meeting. In considering such variance, the town council shall only grant such variance based on findings of fact that application of said section 18-9.8(5) to the applicant would amount to a severe hardship based on the cost of a new septic system in relation to the cost of the house, or that the application of said section 18-9.8(5) to the applicant would be manifestly unfair in light of the circumstances of the sale of the property.
(Ord. of 3-26-07(1); Ord. of 7-25-16)
1) Program financing. The town council shall have the authority to raise funds for the administration, operation, contractual obligations, and services of the onsite wastewater management program (OWMP).
2) Fee structure. The town administrator or his/her designee may propose a fee schedule, for approval by the town council as a resolution, to be assessed each owner of an onsite wastewater treatment system. Said fee shall be based on the total number of OWTS in town and the administrative and technical costs associated with providing the services herein. Any funds collected or raised for purposes of implementing the onsite wastewater management program shall be kept as a dedicated account separate from the town's general fund.
3) Grant and loan program. The town under the authority of the state legislature shall have the authority to issue bonds or notes and to receive grants for the purpose of establishing a revolving fund. This fund may be used to make low interest loans or grants available to qualified property owners for the improvement, correction, or replacement of a failed OWTS. The town administrator or his/her designee, with the approval of the town council, shall establish specific criteria to define eligibility for grants or loans.
(Ord. of 3-26-07(1); Ord. of 7-25-16)
If any provision of this ordinance 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 ordinance and its application to any person, agency, or circumstance shall not be affected thereby. The invalidity of any section or sections of this ordinance shall not affect the validity of the remainder of this ordinance.
(Ord. of 3-26-07(1))
[1]Editor's note(s)—An ordinance of March 26, 2007, in effect, repealed the former Appendix C, §§ 18-1—18-57, and enacted a new Appendix C as set out herein. The former Appendix C pertained to similar subject matter and derived from ordinance of May 13, 1996; ordinance of January 25, 1999; ordinance of February 14, 2000 and ordinance of June 26, 2000.
Obvious misspellings and punctuation errors have been corrected without notation. For stylistic purposes, headings and catchlines have been made uniform and the same system of capitalization, citation to state statutes, and expression of numbers in text as appears in the Code of Ordinances has been used. Additions made for clarity are indicated by brackets.
[2]Editor's note(s)—An ordinance of July 25, 2016, repealed article I, §§ 18-1.1—18-1.4.1, which pertained to sewers and sewage disposal in general and derived from an ordinance of March 26, 2007.
[3]Editor's note(s)—An ordinance of July 25, 2016, repealed article V, §§ 18-5.1—18-5.8, which pertained to rate and quality of wastewater discharged into public sewers and derived from an ordinance of March 26, 2007.
[4]Editor's note(s)—An ordinance of July 25, 2016, repealed article VI, §§ 18-6.1—18-6.10, which pertained to sewer betterment assessment charges and derived from an ordinance of March 26, 2007.
[5]Editor's note(s)—An ordinance of July 25, 2016, repealed article VII, §§ 18-7.1—18-7.4, which pertained to sewer use charges and derived from an ordinance of March 26, 2007.
[6]Editor's note(s)—An ordinance of July 25, 2016, repealed article VIII, §§ 18-8.1—18-8.7, which pertained to monitoring, sampling and analyses and derived from an ordinance of March 26, 2007.
[7]Editor's note(s)—Adopted by the town council July 17, 2006.
[8]Editor's note(s)—An ordinance of July 25, 2016, repealed appendix A, which was reserved for insertion at a later date and was to be pertained to standard construction details.
[9]Editor's note(s)—An ordinance of July 25, 2016, repealed appendix B, which pertained to rate structure for operation and maintenance use charges and derived from an ordinance of March 26, 2007.
[10]Editor's note(s)—An ordinance of July 25, 2016, repealed appendix C, which pertained to rate schedule for sewer use charges and derived from an ordinance of March 26, 2007.
[11]Editor's note(s)—An ordinance of July 25, 2016, repealed appendix D, which was reserved for insertion at a later date and was to be pertained to sewer connection application; wastewater discharge permit; industrial wastewater parameters to be monitored.