The text
ARTICLE I. - IN GENERAL#
Secs. 21-1—21-49. - Reserved.#
ARTICLE II. - WASTE WATER MANAGEMENT DISTRICT#
Footnotes:
--- (1) --- Editor's note— Ch. 121, §§ 121-1—121-25, adopted Sept. 27, 1993, did not specifically amend the Code and has been included herein at the discretion of the editor as §§ 21-50—21-53, 21-80—21-91 and 21-121—21-130. Said Ch. 21 supercedes the provisions of previously uncodified Ch. 107, §§ 10.1—12.0, adopted Oct. 15, 1990, which pertained to the Hope Valley Waste Management District.
DIVISION 1. - GENERALLY#
Sec. 21-50. - Purpose.#
The town council hereby finds that there exists the potential of serious problems because of inadequate waste septic systems in the town. Without proper operation and maintenance, such septic systems are prone to failure. Such failures pose a risk to public health and a potential contamination source to surface and ground waters. The purpose of this article is to establish a waste water management commission, in accordance with provisions of R.I.G.L., chapter 45-24.5, and to establish waste water management district boundary lines, to ensure that septic systems within the district are properly operated, regularly inspected and routinely maintained, that other areas within the town are examined to determine whether the district should be extended thereto, and to establish a means of educating the individuals in the town of the proper care and maintenance of septic systems.
(Ch. 121, § 121-1, 9-27-93)
Sec. 21-51. - Definitions.#
Alteration. An alteration is any change in size or type of an existing system, or installation of a replacement system.
Failed system. Any sewage disposal system that does not adequately treat and dispose of sewage thereby creating a nuisance or threat to public health and/or environmental quality, as evidenced by, but not limited to, the following conditions: (a)
Failure of a system to accept waste water discharge or pickup of waste water into the building sewer.
(b)
Discharge of waste water directly or indirectly to a subsurface drain, surface drain, or surface water.
(c)
Effluent rising to the surface of the ground over or near any part of the septic system or downgrade from the absorption area at any change in grade, bank, or road cut.
(d)
Discharge of improperly treated effluent to groundwater including but not limited to inadequate separation from the bottom of the leaching system to groundwater or impervious layer and resulting in contamination of ground or surface water.
(e)
Condition of deterioration, damage, or improper design, to any septic disposal system that would preclude adequate treatment and disposal of waste water.
(f)
Necessity of frequent pumping: i.e. more than two (2) times in a twelve-month period.
Sewage disposal system. A sewage disposal system shall be a system installed to provide sanitary sewage disposal by means other than discharge into a public sewer system.
Leachfield. A subsurface area from which septic effluent or waste containing little or no solids is leached into soil.
Maintenance. The inspection on a regular basis of a sewage disposal system and as necessary the cleaning out or pumping of accumulated solid and/or liquid material from any component of it.
Owner. Owner is any person who alone or jointly, or severally with others (a) has legal title to any premises, including but not limited to the legal right by easement or otherwise to use any premises for sewerage disposal or (b) has control of any premises, such as an agent, executor, executrix, administrator, administratrix, trustee, or guardian of the estate of a holder of a legal title. Each person is bound to comply with the provisions of this article.
Person. The term person shall include any individual, group of individuals, firm, corporation, association, partnership or private entity, including a district, town or other government unit or agent thereof, and in the case of a corporation, any individual having active and general supervision of the properties of such corporation.
Repair. To mend, remedy, renovate, or restore to a sound state after damage, deterioration, partial destruction or, to replace any component of a septic disposal system in conformance with the Rhode Island Department of Environmental Individual Septic Disposal System regulations as may be amended.
Sanitary sewage. Any human or animal excremental liquid or substance, any putrescible animal or vegetable matter, garbage and filth, including the discharge of water closets, laundry tubs, washing machines, sinks, dishwashers and the contents of septic tanks, cesspools or privies.
Septage. Septage is the solid or liquid materials which are contained within and/or are pumped from a septic disposal system.
Septic tank. A septic tank is a watertight receptacle which receives the discharge of sanitary sewage and is designed and constructed to permit the disposition of settled solids, the digestion of the matter deposited, and the discharge of the liquid portion into a leaching system.
Waste water. Waste water is analogous to sanitary sewage.
Waste Water Management District. The Waste Water Management District (WWMD) is that area of the Town of Hopkinton described in Exhibit A and as may be amended from time to time where the proper operation and maintenance of a sewage disposal system will be required in accordance with this article.
(Ch. 121, § 121-2, 9-27-93)
Sec. 21-52. - Applicability.#
The regulatory provisions of this article, division 3, shall be applicable to every owner of premises within said Waste Water Management District.
(Ch. 121, § 121-3, 9-27-93)
Sec. 21-53. - Severability.#
If any provision of this article or any rule or determination made hereunder, or application hereof to any person, agency, or circumstances is held invalid by a court of competent jurisdiction, the remainder of this article and its application to any person, agency, or circumstances shall not be affected thereby. The invalidity of any section or sections of this article shall not affect the validity of the remainder of the article.
(Ch. 121, art. IV, 9-27-93)
Secs. 21-54—21-79. - Reserved.#
DIVISION 2. - REGULATIONS FOR SEPTIC DISPOSAL SYSTEM OPERATION AND MAINTENANCE#
Sec. 21-80. - Pumping of sewage disposal system.#
The contents of all septic disposal systems within the waste water management district shall be inspected by such persons as identified by the commission, and pumped out within two (2) years of the effective date of this ordinance and a minimum of once every three (3) years thereafter. Such pumping shall be performed by licensed septic haulers. Additional pumpings may be required as deemed necessary by the commission for the proper operation of a septic disposal system. Upon notification by the waste water management commission that a septic system must be pumped the owner shall comply within sixty (60) days and must provide proof in the form of a receipt from the septic hauler. All such inspections and pumping shall be at the expense of the owner.
(Ch. 121, § 121-5, 9-27-93)
Sec. 21-81. - Septage disposal.#
The contents pumped from a septic disposal system shall be discharged at a waste water treatment facility approved by the Rhode Island Department of Environmental Management for this purpose and the hauler shall provide proof of proper and legal disposal.
(Ch. 121, § 121-6, 9-27-93)
Sec. 21-82. - Improper discharge to septic disposal system.#
The discharge of rain spouts, basement sumps, or any other drains to a septic disposal system, with the exception of washing machines, is prohibited.
(Ch. 121, § 121-7, 9-21-93)
Sec. 21-83. - Acid and organic chemical septic tank additives.#
The use or disposal of acids or any organic chemical solvents in a septic disposal system is prohibited.
(Ch. 121, § 121-8, 9-21-93)
Sec. 21-84. - Impervious surfaces.#
The location of swimming pools, patios, driveways or other impervious surfaces over any component of a septic disposal system is prohibited without the approval of the department of environmental management and the approval of the commission, based upon a demonstration of no adverse impact on the environment and the existence of a hardship.
(Ch. 121, § 121-9, 9-27-93)
Sec. 21-85. - Garbage disposals.#
New garbage disposal discharges to a septic disposal system shall be prohibited since they add unnecessary solids to a septic disposal system.
(Ch. 121, § 121-10, 9-27-93)
Sec. 21-86. - Trees and shrubs.#
The owner shall keep trees and shrubs at a minimum of ten (10) feet from the leaching area to keep roots from clogging or disrupting the septic disposal system.
(Ch. 121, § 121-11, 9-27-93)
Sec. 21-87. - Accessibility.#
The owner shall maintain the septic disposal system so that it is accessible for inspection and maintenance.
(Ch. 121, § 121-12, 9-27-93)
Sec. 21-88. - Septic disposal system inspections.#
This article authorizes the passage of town or waste water management commission members or their designees onto private property within the waste water management district when necessary for the periodic inspection of septic systems.
(Ch. 121, § 121-13, 9-27-94)
Sec. 21-89. - Special regulations.#
Not withstanding the foregoing, prior to any property within the district being connected to a public water supply, including a municipal water supply, the owner shall cause the septic disposal system to be pumped out, inspected, and determined to be functioning and adequate by a licensed septic hauler.
(Ch. 121, § 121-14, 9-27-94)
Sec. 21-90. - Inspection records.#
The commission shall maintain a record of all septic disposal systems in the district including: —Owner's name
—Street address or utility pole number
—Telephone number
—Septic disposal system location (including a rough sketch map of septic disposal system location on property)
—Date installed
—Date(s) of previous maintenance
—Notes on septic disposal system condition
(Ch. 121, § 121-15, 9-27-93)
Sec. 21-91. - Inspection reports.#
A written report detailing the results of each inspection shall be submitted by the inspector to the commission. If the inspection reveals a malfunctioning septic disposal system, the owner shall be given written notice indicating the probable cause and suggested corrective actions. The owner shall be given thirty (30) days to contact the State of Rhode Island Department of Environmental Management and apply for a permit to repair or replace the system, if necessary. A time limit to complete any needed repairs shall be established by the commission.
(Ch. 121, § 121-16, 9-27-93)
Secs. 21-92—21-120. - Reserved.#
DIVISION 3. - ADMINISTRATION#
Sec. 21-121. - Waste water management commission.#
The waste water management commission will regulate the operation and maintenance of all septic disposal systems within the waste water management district.
(Ch. 121, § 121-4, 9-27-93)
Sec. 21-122. - Officers, appointment, term, residence.#
At its first meeting and thereafter on an annual basis, the commission shall choose by majority vote the following officers: chairman, vice chairman, and secretary, whose duties shall be determined by the commission in accordance with the article.
The commission shall be appointed by the town council and shall consist of five (5) members. Each member shall be appointed for a term of five (5) years, except that the original appointments shall be made for terms of one (1), two (2), three (3), four (4) and five (5) years respectively and reappointment or succeeding appointments shall be made on July 1 of each year. It is suggested that at least two (2) commission members should reside in the WWMD.
(Ch. 121, § 121-17, 9-27-93)
Sec. 21-123. - Powers, duties and responsibilities.#
The commission shall have all the powers, duties and responsibilities as outlined in this article.
(Ch. 121, § 121-18, 9-27-93)
Sec. 21-124. - Additional areas.#
The commission shall study and recommend to the town council additional areas to be included in the waste water management district.
(Ch. 121, § 121-19, 9-27-93)
Sec. 21-125. - Coordinate efforts.#
The commission shall coordinate efforts with all appropriate federal, state and local governmental agencies in order to implement this article.
(Ch. 121, § 121-20, 9-27-93)
Sec. 21-126. - Education.#
It shall be the responsibility of the commission to establish a public education program to make septic disposal system owners aware of the proper operation and maintenance of these systems.
(Ch. 121, § 121-21, 9-27-93)
Sec. 21-127. - Enforcement responsibility.#
The commission shall be responsible for enforcing the provisions of this article in coordination with the town solicitor.
(Ch. 121, § 121-22, 9-27-93)
Sec. 21-128. - Notice of violations.#
Any owner of a septic disposal system determined to be in violation of these regulations will be issued a written notice explaining the nature of the violation, required actions, a reasonable time frame for compliance, and the possible consequences for noncompliance.
(Ch. 121, § 121-23, 9-27-93)
Sec. 21-129. - Hearing.#
Any owner receiving a written notice of violation shall be given an opportunity, within thirty (30) days to request a hearing before the commission to state their cases. If the evidence indicates that a violation has not occurred, the commission shall revoke the notice of violation.
(Ch. 121, § 121-24, 9-27-93)
Sec. 21-130. - Penalties.#
Any person neglecting or refusing to comply with a written notice of violation issued under the provisions of this article shall be fined not more than five hundred dollars ($500.00) per violation. Each day a continuing violation shall constitute a separate and distinct violation. All fees collected for such violations shall be earmarked for a revolving fund, for loans and grants to assist qualified property owners in septic disposal system improvement. Any person aggrieved by a decision of the commission shall be entitled to appeal said decision to the applicable Rhode Island District Court in accordance with the provisions of the Rhode Island Administrative Procedures Act.
(Ch. 121, § 121-25, 9-27-93)
Secs. 21-131—21-140. - Reserved.#
ARTICLE III. - HOPE VALLEY WATERLINE DISTRIBUTION SYSTEM ORDINANCE#
Sec. 21-141. - Introduction.#
The Town of Hopkinton maintains an agreement with the Town of Richmond to obtain water for the use of its residents and commercial businesses in the Village of Hope Valley. Hopkinton is obligated to pay Richmond for water and services provided for the benefit of waterline customers in Hopkinton. It is necessary for the Town of Hopkinton to insure that customers making use of water obtained from Richmond fully understand their obligations with respect to receiving such water. It is also necessary that the town insure that it is properly protected in the event certain issues arise concerning water provided to the customers, including but not limited to, nonpayment by waterline customers.
(Ch. 250, 1-17-17)
Sec. 21-142. - Definitions.#
The words and terms listed below shall have the following meaning when used in this article:
Curb stop. A valve installed on the service pipe at the property line.
Customer. A person, business, association, or governmental or quasi-governmental entity to which the distribution system supplies water.
Manager. The person who maintains the waterline distribution system on a day-to-day basis.
Owner. The proprietor of record of real property or a building or portion of a building to which water is supplied.
Properties. A building, group of buildings, portion of a building, residence or parcel of land that has a water service connection.
Service pipe. The pipe from the property line to the meter.
Water main. The primary water pipe that transports water from the source to water service pipes.
Water system. The water distribution infrastructure operated by the Town of Hopkinton.
(Ch. 250, 1-17-17)
Sec. 21-143. - Administration of water distribution system.#
(a)
The town's water distribution system shall be operated as an enterprise system monitored on an as needed basis by its water manager, who shall be supervised by the town's finance director who, in turn, shall be supervised by the town manager.
(b)
The finance department shall deposit all water system revenue into a restricted account and shall make all expenditures from such fund. The finance director shall oversee the operation of the restricted waterline account.
(c)
The town clerk's office shall serve as the central repository for all waterline service applications.
(d)
The tax collector's office shall be responsible for notifying the finance director of any transfers of ownership for properties on the waterline.
(Ch. 250, 1-17-17)
Sec. 21-144. - Town's responsibilities.#
(a)
The town will make all reasonable efforts to insure the availability of water obtained from the Town of Richmond, but does not, under any circumstances, guarantee that water shall always be available. The town shall not be responsible for any loss, personal injury or property damage resulting from the failure to supply water or water pressure.
(b)
The town shall have the right to stop water service temporarily, without notice, for repairs, emergencies, system maintenance or any other reason, at any time. If the town determines that an interruption of service is necessary, the town shall make a reasonable effort to notify affected customers, in advance, and will endeavor to provide an estimate, if possible, as to how long the service will be interrupted. No customer shall be entitled to damages or a refund of any payment for any stoppage of water supply.
(c)
The town will exercise reasonable diligence in providing a continuous and adequate supply of water to its customers.
(Ch. 250, 1-17-17)
Sec. 21-145. - Owner responsibilities.#
(a)
Water bills shall be promptly paid when due.
(b)
Effective July 1, 2017, the town shall issue water bills on a quarterly basis, as follows:
(1)
During October for the months of July, August and September;
(2)
During January for the months of October, November and December;
(3)
During April for the months of January, February and March; and
(4)
During July for the months of April, May and June.
(c)
Payment by owners shall be due thirty (30) days from the date of invoice. Interest of one (1) percent, per month, shall accrue on unpaid balances and owners shall pay to the town all costs of collection of the overdue amounts, including any legal fees incurred. Failure to receive an invoice does not relieve the owner of the responsibility to pay for water and services.
(d)
All consumption fees and any other charges for water and services, as well as costs of collection including legal fees, shall be a lien on the real property to which the water is delivered in the same manner that municipal taxes are a lien on the property, and shall be collected in the same manner that overdue municipal taxes are collected.
(e)
Property owners whose checks are returned for insufficient funds shall pay a thirty dollar ($30.00) returned check fee.
(f)
Property owners who transfer ownership shall notify the finance director at least three (3) working days before the conveyance or transfer to obtain a final meter reading and account closing statement for payment. Any outstanding charges against the account shall remain collectable. Property owners shall be liable for the payment of all charges incurred, until the town receives proper notice of the transfer of property ownership. Failure to receive an invoice sent to a previous address does not relieve the owner of the obligation to pay such invoice.
(g)
Property owners shall allow a representative of the town access to the premises, during reasonable hours, to examine service pipes and fixtures, to install or replace a meter and for any other reason related to water service.
(h)
Property owners shall allow a representative of the town access to the premises, at any time, in the event of an emergency situation related to water service.
(Ch. 250, 1-17-17)
Sec. 21-146. - Restrictions on water use.#
(a)
If the Town of Richmond notifies the Town of Hopkinton that water supplies are inadequate because of weather conditions, the town has the authority to declare a water emergency and require water conservation measures, including but not limited, to prohibition of water use for watering non-agricultural gardens and lawns, washing motor vehicles, and filling swimming pools. Before such a restriction takes effect, the town shall make every effort to notify customers of the reason and nature of the restriction, and its effective date.
(b)
Commercial irrigation systems operated by agricultural operations, as defined in G.L. § 2-23-4(a) shall not be connected to the water system.
(Ch. 250, 1-17-17)
Sec. 21-147. - Existing water service accounts.#
(a)
Property owners shall promptly pay any outstanding water balances, prior to the conveyance or transfer of ownership.
(b)
Property owners shall pay any past due balance on their water bills that accrued prior to the effective date of this article.
(c)
During the 2016-17 replacement period, the cost for removal and installation of water meters shall be financed through the town's restricted waterline account.
(d)
After the 2016-17 replacement period, the cost for removal and installation of water meters shall be borne by the property owner, under the jurisdiction of the town.
(Ch. 250, 1-17-17)
Sec. 21-148. - New water service accounts.#
(a)
All applications for town water service connections shall be made on an application for a new waterline service connection form which may be obtained at the town clerk's office. The owner shall complete the application form, have the septic system pumped, inspected and determined to be functioning and adequate by a licensed septic hauler, consistent with the provisions of Chapter 121-14 of the Town of Hopkinton's Waste Water Management Ordinance [section 21-89].
(b)
A check for one hundred dollars ($100.00), made payable to the Town of Hopkinton, must accompany the application.
(c)
The town's approval of the owner's signed application shall constitute a binding agreement between the owner and the town that obligates the owner to pay all applicable rates and charges.
(d)
The town's finance director shall have the authority to require a deposit against future charges if the owner is not able to establish credit to the satisfaction of the finance director.
(Ch. 250, 1-17-17)
Sec. 21-149. - New water service connections.#
(a)
New water services may be connected only after the finance department certifies, in writing, that the application for new waterline service connection is complete.
(b)
Water service connection requests from properties not listed in Exhibit A of the Agreement by and between the Towns of Richmond and Hopkinton, dated July 9th, 1991, shall be referred to the Richmond Town Council for consideration. If approved, requests shall then be considered by the Hopkinton Town Council for final approval.
(c)
Installation of a service pipe shall be performed by a licensed contractor, at the owner's expense, and inspected by the water manager.
(d)
Connection of the service pipe to the curb stop shall be performed by a state-licensed master plumber, and inspected by the water manager.
(e)
Maintenance and repair of the service pipe from the curb stop to the owner's property shall be the owner's responsibility.
(f)
Purchase and installation of new water meters shall be performed by a master plumber, at the owner's expense, and inspected by the water manager, under the jurisdiction of the town.
(Ch. 250, 1-17-17)
Sec. 21-150. - Backflow and cross-connection prevention.#
(a)
Property owners shall be responsible for preventing the backflow of water or other fluids from sources, other than the approved water source, that could contaminate or pollute the public water distribution system.
(b)
Backflow prevention device required by the Rhode Island Building Code shall be installed at every new property and connected to the water system by a state-licensed master plumber.
(c)
Property owners shall be responsible for maintaining backflow prevention devices in good working condition and shall repair or replace malfunctioning devices.
(d)
Installation of a by-pass device around any backflow prevention device is prohibited, unless a backflow prevention device of the same type is installed on the by-pass. If the property owner's water supply cannot be shut down for testing of the backflow prevention device, the owner must install, at the owner's expense, another backflow prevention device of the same type on a by-pass to enable testing and repair to take place.
(e)
If property served by the water distribution system has a well, the owner shall ensure that the well is not cross-connected to the water distribution system. An air gap shall be maintained between the well and the system.
(f)
Air conditioning systems that use water from the water distribution system shall be equipped with a check valve to prevent entry of used water into the system's water main.
(g)
If the water manager determines that a cross-contamination hazard exists, the owner shall correct the hazard within ten (10) days. However, the Water Manager shall have the authority to grant extensions of time for such corrections for reasonable cause, but in no event shall the time for such corrections exceed forty-five (45) days.
(h)
The building and zoning official shall notify the water manager of every plumbing and/or building permit application for a property owner who seeks to be connected to the water distribution system.
(i)
Each temporary water service connection shall be fitted with a shut-off valve and a backflow prevention device.
(j)
Cross-connection prevention devices shall be installed in every commercial building, industrial building, or residence containing four (4) or more dwelling units.
(Ch. 250, 1-17-17)
Sec. 21-151. - Disconnection of water service.#
(a)
Owners who wish to have their water service disconnected shall notify the town at least thirty (30) days before the scheduled disconnection date. Such disconnection shall be performed by town's water manager.
(b)
The town shall have the authority to disconnect service to properties whose owners are in arrears for six (6) months or more; however, at that time, the town shall then formally notify the property owners, in writing, that they have an additional sixty (60) days to pay their water bills before the town disconnects their service.
(c)
Water service may be disconnected, without notice, to property owners for the following reasons:
(1)
If the town determines that an imminent hazard exists to the public health, safety, and welfare of residents and business owners.
(2)
If the property owner uses equipment in a manner that adversely impacts the water system equipment or service to other customers.
(3)
If the town has evidence that the owner is obtaining water service by fraudulent means, is diverting water for an unauthorized use, or is obtaining water that is improperly metered.
(4)
If the property owner tampers with water equipment owned by the town.
(5)
If the property owner fails to provide access, a suitable location or any other condition required by the town.
(6)
If the property owner is allowing leakage to occur.
(Ch. 250, 1-17-17)
Sec. 21-152. - Prohibited activities.#
(a)
No person or persons shall cause a physical connection to be made between the water distribution system and any other water supply for any purpose at any time.
(b)
No person shall connect a pump to the water main or to a service pipe for the purpose of increasing water pressure, without express written approval of town officials.
(c)
No person shall insert any object, material or substance that may cause damage or pollution into any water pipe or main that is part of the water distribution system, discontinue the flow of water in any pipe or main, tap into any main or service pipe, or tamper with or alter any service pipe, or tamper, remove, or install any meter without the approval of the town.
(d)
No person, other than authorized fire company personnel, shall open, close, or tamper with a hydrant valve.
(e)
No person shall obstruct access to a fire hydrant.
(f)
All damage to water mains, service pipes, hydrants, or other parts of the water system that occur during any construction shall be the responsibility of the property owner for whom the work is being performed.
(g)
Every property within the district may not increase development beyond the lot's current RI Department of Environmental Management (DEM) approved onsite wastewater treatment system (OWTS).
(Ch. 250, 1-17-17; Ch. 278, 2-16-21)
Sec. 21-153. - Rates.#
(a)
Charges for water usage rates, service charges, debt service or other fees shall be set from time to time by the Hopkinton Town Council.
(Ch. 250, 1-17-17)