The text
Sec. 78-246. - Authority.#
The authority for this article can be found in part in the G.L. 1956, §§ 45-6-2.3 and 46-12-23.
(Code 1986, § 20-374)
Sec. 78-247. - Definitions.#
(a)
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:
Applicant or customer means the owner as defined in this section, as it applies to building connections and any charges or fees including user fees, and may mean the lessee or user of the property when some commercial or industrial use is involved that requires testing, analyses, monitoring, metering, pretreatment and/or usage surcharges.
Authorized representative means: (1)
A principal executive officer of at least the level of vice-president, if the user is a corporation;
(2)
A general partner or proprietor;
(3)
A duly authorized representative of the individual designated above if such representative is responsible for the overall operation of the facilities from which the discharge originates.
BOD (biochemical oxygen demand) means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20 degrees Celsius, expressed in milligrams per liter.
Building drain means that part of the lowest horizontal piping of a drainage system which receives the discharge from soil waste, and other sanitary drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five feet outside the inner face of the building wall.
Building sewer means the extension from the building drain to the public sewer or other place of disposal.
Categorical standards means the national categorical pretreatment standards and pollutant discharge limits as promulgated by EPA which apply to a specific category of industrial users.
Categories of commercial/industrial users means: (1)
Category 1: Commercial/industrial users discharging or having the potential of discharging conventional (BOD 5 and TSS) pollutant concentrations in excess of 250 mg/l.
(2)
Category 2: Commercial/industrial users discharging production processing wastewater or using solvents, toxic chemicals and/or hazardous chemicals that could potentially be discharged into the sewers.
(3)
Category 3: Commercial/industrial users discharging or having the potential to discharge concentrations of oil and grease and other solids which may cause interference with the collection system or at the treatment facility.
(3A)
Category 3A: Commercial/industrial users discharging or having the potential to discharge any wastewater generated through the practice of dentistry that may contain dental amalgam.
(4)
Category 4: Commercial/industrial users with only sanitary wastes and/or nontoxic discharges.
COD (chemical oxygen demand) means the oxygen equivalent consumed by organic matter in a sample during strong chemical oxidation.
Combined sewer means a sewer receiving both surface runoff and sewage. This type of sewer is normally disallowed.
Commercial unit means each unit of a commercial building separated by vertical walls and having wastewater facilities, or each floor of a multistoried commercial building having wastewater facilities.
Composite sample means a combination of individual samples of wastewater taken at selected intervals for some specified period of time in order to minimize the effect of the variability of the sample stream. Individual samples may have equal volumes or may be proportioned to the flow at the time of sampling.
Domestic wastes means liquid wastes from the noncommercial preparation, cooking and handling of food; or containing human excrement and similar matter from the sanitary conveniences of dwellings, commercial buildings, industrial facilities and institutions. It shall not contain groundwater, stormwater, surface water, cooling water or industrial wastewater.
Drainlayer means a person who has a valid drainlayer's license issued by the town.
Environmental protection agency (EPA) means the United States Environmental Protection Agency or, where appropriate, the administrator or other duly authorized official of such agency.
Floatable oil means oil, fat or grease in a physical state such that it will separate by gravity from wastewater by treatment in an approved pretreatment facility. A wastewater shall be considered free of floatable oil if it is properly pretreated prior to entry into the sewage facilities and does not interfere with the sewage facilities.
Garbage means solid wastes from the domestic and commercial preparation, cooking and dispensing of food and from the handling, storage and sale of produce.
Grab sample means a sample which is taken from a waste stream on a one-time basis without regard for the flow in the waste stream and without consideration of time.
Industrial user means any user that discharges industrial waste as defined in this section to the town's wastewater facilities.
Industrial wastes means the liquid wastes from industrial manufacturing processes, trade or business as distinct from domestic sanitary sewage.
Infectious waste means waste which contains pathogens with sufficient virulence and quantity so that exposure to the waste by a susceptible host could result in disease. Under this definition, the normal microflors of the body are not classified as infectious.
Categories of waste designated as infectious are as follows: (1)
Human blood, body fluids, and blood products means all waste human blood, blood products (such as serum, plasma, and other blood components) and body fluids (such as suction fluid and wound drainage) which exist in a nonabsorbed liquid form in more than trace quantities.
(2)
Contaminated sharps consists of discarded sharps, e.g., hypodermic needles, syringes, pasteur pipettes, broken glass and scalpel blades which may have come into contact with infectious agents during use in patient care or in medical research or have been removed from their original sterile container.
(3)
Contaminated animal carcasses, body parts and bedding refers to carcasses, body parts and bedding of animals that were exposed to pathogens in research and in the production of biologicals or in vivo production of pharmaceuticals.
(4)
Discarded cultures and stocks of infectious agents and associated biological constitute infectious wastes because pathogenic organisms are present at high concentration in these materials. Included in this category are pathological laboratories and pharmaceutical companies, wastes from the production of biological and discarded live and attenuated vaccines. Also, culture dishes and devices used to transfer, inoculate and mix cultures shall be designated as infectious waste.
(5)
Pathological waste consists of tissues, organs, body parts, removed during surgery and autopsy.
Infectious waste treatment means any method, technique, or process designed to eliminate the infectious hazard, i.e., to change the biological character or composition of waste so as to remove any disease-causing potential and to render such waste noninfectious by killing the infectious agents present in the waste.
Interference means any inhibition or disruption of the treatment processes or operations which may contribute to a violation of any provision of the town's state pollutant discharge elimination system (RIPDES) permit or the RIPDES permit issued to the Town of South Kingstown for their operation of the regional wastewater treatment facilities.
Mg/l means milligrams per liter.
Natural outlet means any outlet into a watercourse, pond, ditch, lake or other body of surface water or groundwater.
Owner means any person who, alone or jointly, has a legal title to any premises, or has control of any premises, such as an agreement to purchase, agent, executor, administrator, trustee, lessee or guardian of the estate or a holder of a legal title.
OWTS means an onsite wastewater treatment system permitted by the state department of the environment.
Person means an individual, trust, firm, joint stock company, corporation (including a quasi-government corporation), partnership, association, syndicate, municipality, municipal or state agency, fire district, club, nonprofit agency or any subdivision, commission, department, bureau, agency or department of state of federal government (including quasi-government corporation) or of any interstate body.
pH means the logarithm of the reciprocal of the concentration of hydrogen ions in moles per liter of solution.
Pretreatment means the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into a water pollution control facility. The reduction or alteration can be obtained by physical, chemical, or geological, except as prohibited by 40 CFR 403.6(d).
Pretreatment standards means all applicable federal rules and regulations implementing section 403 of the Act, as well as any nonconflicting state or local standards. In cases of conflicting standards or regulations, the more stringent thereof shall be applied.
Privately-owned wastewater treatment facilities means pump stations, collection systems and/or wastewater treatment facilities privately-owned by users, individuals, corporations, or associations, with said facilities ultimately being connected to a publicly-owned wastewater treatment or collection system.
Properly shredded garbage means the wastes from the preparation, cooking, and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half inch in any dimension.
Public sewer means a sewer in which all owners of abutting properties have equal rights and is controlled by public authority, to the extent that such sewer and appurtenances are located within publicly owned rights-of-way and/or within dedicated sewer easements.
Rhode Island Pollutant Discharge Elimination System (RIPDES) means the state system for issuing, modifying, revoking and reissuing, terminating, monitoring and enforcing discharge permits and imposing and enforcing pretreatment requirements pursuant to G.L. 1956, § 46-12-1 et seq. and the Clean Water Act, 33 USC 1251 et seq.
Sanitary sewer means a sewer which carries sewage and to which stormwater, surface water and groundwater are not intentionally admitted.
Sanitary sewer force main means a pipe or conduit under pressure which carries wastewater and to which stormwater, surface water and groundwater are not intentionally admitted.
Septage waste means the wastewater from a domestic individual sewage disposal system.
Sewage and wastewater mean a combination of the water-carried wastes from residences, business buildings, institutions and industrial establishments, together with such groundwater, surface water and stormwater as may be unintentionally present.
Sewage treatment plant means any arrangement of devices and structures used for treating sewage or wastewater.
Sewage works means all facilities for collecting, pumping, treating and disposing of sewage or wastewater.
Sewer means a pipe or conduit for carrying wastewater.
Shall is mandatory; may is permissive.
Significant industrial user means any industry: (1)
That is subject to categorical standards as defined by the Environmental Protection Agency; and/or
(2)
That discharges a nondomestic wastestream greater than or equal to 25,000 gallons per day (0.025 mgd); and/or
(3)
That contributes a nondomestic wastestream which makes up five percent or more of the average dry weather hydraulic or organic (BOD, suspended solids, etc.) capacity of the treatment plant; and/or
(4)
That has a reasonable potential, in the opinion of the town, to adversely affect the wastewater treatment plant (inhibition, interference, pass-through of pollutants, sludge contamination, or endangerment of treatment plant workers); and/or
(5)
Whose wastewater concentration of BOD and suspended solids exceeds 250 mg/l; and/or
(6)
Discharging prohibited pollutants but is not subject to federal EPA categorical standards; and/or
(7)
With sanitary or nontoxic discharges using solvents, toxic chemicals and/or hazardous chemicals that could potentially be discharged into the sewers.
Slug means any discharge of water, sewage or industrial waste which, in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than 15 minutes, more than five times the average 24-hour concentration of flows during normal operation.
Storm drain (storm sewer) means a sewer which carries stormwater and surface water and drainage, but excludes sewage and industrial wastes, other than unpolluted cooling water.
Suspended solids means solids that either float on the surface of, or are in suspension in water, sewage or other liquids and which are removable by laboratory filtering.
Town means the town, or any duly authorized representative of the town, including the town engineer and the wastewater superintendent.
Toxic means any substance listed as toxic under section 307(a)(1) of the Clean Water Act, as amended, 33 USC 1251 et seq., listed under the Hazardous Substances Right-to-Know Act, G.L. 1956, § 28-21-1 et seq., and as may otherwise be designated by the town.
Unpolluted drainage means drainage from any catch basin, lake, pond, swamp, swimming pool, outlet for surface runoff or groundwater which contains no wastes or wastewaters.
User means any person as defined in this section who contributes, causes or permits, directly or indirectly, the introduction of wastewater into the town's wastewater facilities.
Wastewater facilities and town's wastewater facilities mean the structures, pipes, equipment and processes that collect, transport and treat domestic, commercial and industrial wastewater, and dispose of the waste residuals. The terms shall apply to both the regional wastewater treatment facilities operated by the Town of South Kingstown and the Scarborough wastewater treatment facilities operated by the Town of Narragansett.
Watercourse means a channel in which a flow of water occurs, either continuously or intermittently.
(b)
Terms not otherwise defined in this section shall be as adopted in the most recent edition of "Standard Methods for Examination of Water and Wastewater," published by the American Public Health Association, the American Water Works Association, and the Water Pollution Control Federation; 40 CFR 403 and 40 CFR 408.
(Code 1986, § 20-211; Ch. 904, § 1, 12-15-2008; Ch. 925, § 1, 11-16-2009; Ch. 1066, § 1, 6-3-2019)
Cross reference— Definitions generally, § 1-2.
Sec. 78-248. - Use of public sewers required.#
(a)
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 other objectionable waste creating a nuisance or health hazard.
(b)
It shall be unlawful to discharge to any natural outlet within the town or into or in close proximity to any of the tidewaters of the town or in any area under the jurisdiction of the town, any garbage, sewage or other polluted water, except where suitable treatment has been provided in accordance with the provisions of this article, and except where the appropriate federal or state pollutant discharge elimination system permit has been received. A valid copy of any such permit and any modifications thereto must be filed with the town.
(c)
The owner of all houses, buildings or properties used for human occupancy, employment, recreation or other purposes, situated within the town, shall be required at his expense to install suitable toilet facilities therein in accordance with the state building code, plumbing code regulation SBC-3, January 1, 1992, as amended. Where allowed and/or required pursuant to the current town facilities plan for wastewater management, and/or current sewer policy, and/or applicable ordinance, resolution or town council adopted policy or program, such owner is hereby required to connect such facilities directly to the closest available public sewer, as determined by the town, in accordance with the provisions of this article. The time allowed for such connections shall be 90 days after the date of official notice to do so, unless otherwise stipulated by the town council. If such house, building or property had been previously serviced by an onsite wastewater treatment system (OWTS), upon connection to the public sewer such OWTS shall be abandoned, and the septic tank shall be pumped out, cleaned and filled with suitable material.
(d)
The owner of all houses, buildings or properties used for human occupancy, employment, recreation or other purposes, situated within the town, wherein subsection (c) of this section is not applicable, shall install at his expense suitable toilet facilities therein and shall connect the same to an onsite wastewater treatment system (OWTS) as approved by the state department of the environment. Except as provided for in this subsection or in subsection (e) of this section, it shall be unlawful to construct, operate or maintain an OWTS or other such facility intended or used for the disposal of sewage.
(e)
The owner of an onsite wastewater treatment system (OWTS) shall have such system pumped out at his own expense at least once every four years and furnish proof of same to the engineering department; excepting those properties which have an RIDEM approved onsite wastewater treatment system installed under a condition of recorded maintenance agreement within the town land evidence records, and subject to providing copies of the recorded maintenance agreement and maintenance reports to the engineering department. The owner of an OWTS shall maintain such system in proper working condition in accordance with existing regulations. Septic tanks shall remain accessible at all times and any impervious surfaces covering an OWTS is prohibited. The use of any septic tank additives and the disposal of hazardous waste is prohibited as is garbage disposal unit discharges except for existing units. The owner shall abide by all conditions for installation required under the applicable provisions of the zoning ordinance, environmental overlay districts section.
(f)
All sewers meeting the standards of the town in public or private streets connected to a public sewer shall be public sewers within the meaning of this article and be subject to all the rules and regulations of this article and of the town. All existing sewers or building sewers connected to public sewers shall be subject to all the rules and regulations of this article and the town.
(Code 1986, § 20-212; Ch. 888, § 1, 7-16-2007; Ch. 904, § 2, 12-15-2008)
Sec. 78-249. - Protection from damage.#
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 section shall be subject to the penalties set forth within this article, as well as be responsible for all costs associated with any replacement or repair work caused by such damage.
(Code 1986, § 20-213)
Sec. 78-250. - Penalties for violation of article.#
(a)
Any person found to be violating any provision of this article shall be served by the town with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction of such violation. The offender shall, within the period of time stated in such notice, permanently cease all violations. Subsequent actions taken by the town may include:
(1)
The issuance of a complaint and summons to appear in the town municipal court;
(2)
Suspension of wastewater service;
(3)
Issuance of an order or compliance schedule pursuant to section 78-353;
(4)
Revocation of discharge permit (if applicable);
(5)
Termination of wastewater service;
(6)
Assessment of costs as defined in this section, penalties and/or fines.
(b)
Any person who shall continue any violation beyond the time limited provided or in subsection (a) of this section shall be guilty of an ordinance violation and shall be subject to a fine. The amount of the fine shall be based upon the severity of the violation as determined by the town and the compliance action required by the town to ensure that the violation is corrected. Violations that present an immediate hazard to the public and/or to the safety and operations of the wastewater facilities will be subject to a fine in an amount not to exceed $5,000.00 for each violation. Each day in which any such violation shall continue shall be deemed a separate offense.
(c)
Any person violating any of the provisions of this article shall become liable to the town for any expense, loss or damage, including the costs of litigation occasioned the town by reason of such violation.
(d)
Notwithstanding any of the provisions of this section, the town may institute any appropriate action, including requests for injunctive relief or other proceedings to prevent, restrain or abate violations of this article. Such action may include, when the town determines that any violation presents or would present an operational hazard to the wastewater facilities, the issuance of a written notice of suspension of wastewater service. Any person notified of a suspension of the wastewater treatment service and/or their wastewater discharge permit shall immediately stop or eliminate their discharge and/or cease the violations stipulated therein. In the event of a failure of the person to comply voluntarily with the suspension order, the town shall take such steps as deemed necessary including immediate severance of the sewer connection, at no cost to the town, to prevent or minimize damage to the wastewater facilities or harm to any individuals. The town may reinstate the wastewater discharge permit and/or the wastewater treatment service upon proof of the elimination of the noncomplying discharge and payment for any expenses or damages resulting from the discharge of those wastes. A detailed written statement submitted by the user describing the causes of the harmful contribution and the measures taken to prevent future occurrence shall be submitted to the town within 30 days of the date of occurrence. In the event of an emergency situation, the town is required only to give verbal notice in order to immediately and effectively halt a discharge which presents an imminent danger to the town's facilities, the environment, or the health and welfare of persons.
(e)
If any person discharges industrial wastes or other wastes into the town's wastewater facilities contrary to the provisions of this article, any federal or state pretreatment requirements, or any order of the town, the town solicitor may commence legal action for injunctive relief in the superior court. Nothing in this article shall be construed to limit the right of the town to enforce, or avail themselves of the benefits of any and all other applicable laws and ordinances.
(f)
Sewer maintenance expenses which result from a user violation of any of the prohibited or limited discharge requirements in this article will be charged to the user in violation. Such maintenance may be related, but not necessarily limited to, stoppage, plugging, breakage, any reduction in sewer capacity or any other damage to sewers or wastewater facilities of the town. The costs charged to the user in violation may include the costs and expenses for complete restoration of the impaired facilities to a functional condition.
(g)
Any person who knowingly makes any false statements, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this article, or wastewater discharge permit, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this article shall be subject to the provisions of this section.
(h)
The interest charge for late payment, as defined within division 3 of this article, or 60 calendar days, whichever is greater, of any penalties or monetary sums assessed against any user, except for regular sewer use charges, shall be the same as is set for such regular sewer use charges.
(Code 1986, § 20-214)
Sec. 78-251. - Privately-owned wastewater treatment facilities.#
(a)
Privately-owned and operated pump stations and collection systems connected to or desiring to connect to the town wastewater system must adhere to all provisions of article III (Sewers) of this Code. In addition, the owner must comply with the following:
(1)
Owners of privately-owned wastewater treatment facilities shall maintain the system in good working order and operate same as efficiently as possible. Proper operation and maintenance shall include, but not be limited to, effective performance based on facility design, adequate operator staffing and training, adequate laboratory and process controls, including quality assurance procedures as determined to be appropriate by the town, and backup or auxiliary facilities or similar systems to assure compliance or effective performance. Proper operation and maintenance must include emergency procedures and reporting requirements in case of power outages, natural disaster, labor shortage (whether the result of intentional work stoppages or epidemic), equipment failure, acts of terrorism/vandalism or sanitary sewer overflow. Reporting requirements shall include verbal notification to the wastewater superintendent and the state department of environmental management (RIDEM) as soon as possible, but not exceeding 24 hours of discovery of the event. A written report must be submitted to the wastewater superintendent and RDEM within five business days of the event's ending.
(2)
The owner shall submit, for review and approval by the town's engineering department, an operations and maintenance plan describing standards and procedures by which the privately-owned wastewater treatment facilities, pump station(s) and/or collection system(s) will be staffed, operated and maintained during normal and emergency conditions. Should development of the plan include the practice of engineering, the plan must then be prepared and certified by a registered professional engineer (registered in the State of Rhode Island). The operations and maintenance plan must be approved prior to the commencement of the construction of the new wastewater treatment facility.
(3)
The owner is required to conduct (at a minimum) monthly inspections of any pump station(s) within their facility. The inspection reports shall be forwarded to the town engineer within three business days after the inspection. At a minimum, the inspection report shall provide the name of the individual or firm performing the inspection, hours of operation for each pump, generator run time, summary of alarms, any maintenance undertaken during that month, condition of the station, and recommendations.
(4)
The operations and maintenance plan shall include, but not be limited to, the following elements:
a.
Describe the detailed operating procedures for the pump station(s) and collection system;
b.
Provide a preventative maintenance plan for the pump station;
c.
Provide staffing requirements;
d.
Provide a list of material suppliers and essential spare parts necessary to be kept on site for normal and emergency conditions;
e.
Provide operating procedures for the emergency generator and automatic transfer switch;
f.
Provide a spill prevention plan;
g.
Provide a description of the auxiliary system, such as water, heating and ventilation, sump pump and dehumidifying;
h.
Provide a description of the alarm system and response procedures;
i.
Provide names, addresses and telephone numbers of all emergency contacts, facility owners and facility operators;
j.
Provide a list of subcontractors that are on call for emergency equipment rental (i.e., septage hauler, portable pump or generator);
k.
Provide emergency procedures and reporting requirements in case of power outages, natural disasters, equipment failure, acts of vandalism, or sanitary sewer overflow;
l.
Provide a description of the means of recordkeeping (the records must be accessible for a three-year period);
m.
Provide as-built plans for the pump station and/or collection system;
n.
Provide a sewer map of the collection system, including but not limited to, the overall service area, diameter of pipes, distance between manholes, slope and direction of flow; and
o.
Provide all required procedures, easements, or other administrative items necessary to allow the town access to the site for unannounced periodic inspections, pursuant to section 78-266 of this chapter.
(5)
Owners of an existing privately-owned wastewater treatment facility without an approved plan must submit for approval a plan as appropriate and as described herein to comply with the requirements of this section within 180 calendar days of notification to do so. All new facilities must have an approved plan on file prior to the initiation of the facility's construction.
(Ch. 925, § 2, 11-16-2009)