ARTICLE II. - WASTE WATER MANAGEMENT DISTRICT
Part of the Code of Ordinances of Hopkinton, RI.
The text
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)