The text
Sec. 21-351. - Purpose.#
The purpose of this article is to establish a wastewater management district (WWMD), in accordance with the provisions of G.L., ch. 45-24.5, to ensure that onsite wastewater treatment systems (OWTS) are properly installed, operated, regularly inspected and routinely maintained to prevent malfunctioning systems and to operate as an alternative to municipal sewer systems and to further the purpose of G.L., ch. 46-13-2 which relates to the drilling of drinking water wells.
(Ord. of 3-8-2011, § 1)
Sec. 21-352. - Findings.#
The town council hereby finds that: (a)
The legislative findings set forth in G.L. 1956 § 45-24.5-2 is incorporated in this article by reference.
(b)
Without proper operation and maintenance, onsite wastewater treatment systems (OWTS) or septic systems will eventually fail. OWTS failure poses a risk to public health and a potential contamination source to the surface and ground waters of the state.
(c)
The report, "Touisset Point and Highlands Wastewater Management and Water Impact Study (November, 2007)" found that outdated and substandard septic systems and cesspools threaten groundwater quality and recommended the implementation of a wastewater management plan to assist in upgrading those systems.
(d)
The Town of Warren submitted, and the Rhode Island Department of Environmental Management approved of, the "Town of Warren Onsite Wastewater Management Plan Focusing on the Touisset Area (February 2009)" that outlined implementation steps to preserve water quality and protect human health and the environment.
(e)
The adoption of a townwide wastewater management district is consistent with the goals of the comprehensive community plan of the town by protecting the rural character of the town and protecting its natural resources.
(f)
Under the Rhode Island Cesspool Act of 2007, many properties in the Touisset Peninsula must abandon cesspools that exist within two hundred (200) feet of the shore, within two hundred (200) feet of the public drinking water well and/or within two hundred (200) feet of a surface drinking water supply by January 1, 2013 and replace them with an approved OWTS.
(Ord. of 3-8-2011, § 2)
Sec. 21-353. - Applicability.#
This article shall be applicable to every owner of premises that has a septic system of any type, as well as cesspools, holding tanks and drinking wells within the town. In no way do the provisions of this article abrogate the powers and duties of the Coastal Resources Management Council or the Rhode Island Department of Environmental Management to their responsibilities for the management of wastewater systems.
(Ord. of 3-8-2011, § 3)
Sec. 21-354. - Boundaries.#
The wastewater management district will encompass the Town of Warren.
(Ord. of 3-8-2011, § 4)
Sec. 21-355. - Management of the WWMD.#
The town manager shall develop the qualification requirements of the WWMD manager. At a minimum, the WWMD manager, or his/her designee, should have a demonstrated competency in the area of soil science, OWTS functioning, inspection and repair procedures, including innovative and alternative technology, and shall have attended and passed the courses accredited through the University of Rhode Island Onsite Wastewater Training or an equivalent training program both for conventional and innovative systems (URI's INSP 100 and 200 courses) within six (6) months of his/her appointment. The town manager may elect to hire a qualified firm with staff meeting the above conditions perform the duty of WWMD manager.
The town manager shall oversee the WWMD manager, who will form a component of the sewer department. The WWMD manager shall serve as the enforcement officer pursuant to the authority granted under [this article] and any regulations adopted pursuant to this article. Should the WWMD manager, by reason of conflict of interest or extended illness, be unable to take a specific enforcement action, the town manager may appoint a designee to perform the specific enforcement function.
(Ord. of 3-8-2011, § 5)
Sec. 21-356. - Powers and duties of the WWMD manager.#
The WWMD manager shall have the following powers and duties: (a)
Conduct day to day operations and administration of a program of surface water and groundwater protection through maintenance and inspection of individual sewage disposal systems as authorized by this article and G.L., tit. 45, ch. 24.5.
(b)
Maintain a database tracking all properties with OWTS, system types, inspections, etc. Such a database must be created for septic system management, such as ASIST (www.asist.net), licensed by the Rhode Island Department of Environmental Management.
(c)
Give appropriate notification to OWTS owners of actions to be taken under [this article], including, but not limited to conducting or requiring OWTS inspections, repairs, cesspool removals, etc.
(d)
Develop lists of town-approved septage haulers and pumpers or other onsite system service professionals; to track the status of OWTSs, to conduct inquiry into OWTSs inspections and professional conduct of OWTS service professionals (including quality control checks of inspections or installation of new OWTSs, modification or repairs to existing OWTSs).
(e)
Levy fines for violations pursuant to this article.
(f)
Educate the public generally and individual private OWTS owners of actions to be taken under this article, including by not limited to conducting or requiring OWTS inspections, repairs, cesspool removals, etc.
(g)
To prepare a monthly report to the town manager regarding program implementation progress and any problematic situations. It shall include such items as the status of any associated grants or loans, consent agreements, notice of violation, number of inspections, number of retrofits, septic system repairs, and other pertinent information.
(h)
Develop additional rules and regulations for the implementation of [this article], subject to the approval of the town council.
(Ord. of 3-8-2011, § 6)
Sec. 21-357. - Phased implementation.#
(a)
Implementation of inspections and subsequent actions under this article shall occur over a period of three (3) years in accordance with the OWTS inventory, inspection and maintenance schedule and map developed by the WWMD manager in consultation with the town manager, building official, department of public works director and the town planner.
(b)
Priority will be given in each stage of the operation of the WWMD to educating property owners on best practices to maximize the longevity and effectiveness of his/her OWTS. In addition to general public education, each notice sent to property owners shall contain an educational leaflet with references to online sources of further information. Notice shall also provide property owners with general information on the operation of the wastewater program and/or specific information regarding next steps in case of violation or non-compliance.
(c)
This article shall first be implemented on properties that meet the criteria described in the 2007 Cesspool Act of Rhode Island. Thereafter, phasing shall continue with those areas of town identified as having OWTS failure, high seasonal OWTS use or frequent pumping, areas adjacent to critical resource areas and lastly to the remainder of town, as determined by the town manager and the WWMD manager. The WWMD manager will have the authority to alter the phased inspection schedule by ordering the inspection of any OWTS when it has been determined that the OWTS requires immediate maintenance and/or improvements.
(Ord. of 3-8-2011, § 7)
Sec. 21-358. - Inspections of OWTS (General).#
(a)
The purpose of the OWTS inspection is to assess the condition of the OWTS and provide the WWMD manager with the technical and background information needed to determine the maintenance requirements for each OWTS in the town, and/or the need for system upgrade or replacement. This article authorizes the passage of authorized representatives of the town, the WWMD manager or their designees and septage haulers licensed by the town onto private property when necessary for the periodic inspection, pumping, maintenance and repair of OWTS. The owner shall maintain his/her OWTS so that it is accessible for inspection and maintenance.
(b)
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"). Under normal circumstances, a private town-approved OWTS inspector will do OWTS inspections. A private town-approved OWTS inspector must, at a minimum, have attended and passed the courses to be accredited through the University of Rhode Island Onsite Wastewater Training or an equivalent training program both for conventional (URI's INSP 100 course) and, if applicable, innovative systems (URI's INSP 200 course). The WWMD manager shall also be qualified to perform inspections, but shall only do so in special circumstances.
(c)
Mandatory first baseline inspection. The phased implementation shall, at a minimum, begin with the mandatory first baseline inspection. Said first inspection shall include an inspection when the septic tank has not yet been pumped. Some systems will require a re-inspection after pump out when the septic tank is empty.
(d)
Routine maintenance inspections. Thereafter, routine maintenance inspections take place once every three (3) years. Routine maintenance inspections need not include a pumpout, unless recommended by a the previous inspection or if the combined depth of sludge and scum layer in the septic tank is greater than twenty-five (25) percent of the depth of the tank. More frequent or less frequent inspections may be required if deemed appropriate by the WWMD manager, or per the recommendation of a qualified septic inspector as the result of a previous inspection. All individual sewage disposal system owners shall be notified of inspection schedules as provided herein.
(e)
Inspections between pumpouts for a particular system may be limited to sludge, liquid and scum measurements, according to the recommendations of the most recent may be limited to sludge, liquid and scum measurements, according to the recommendations of the most recent inspection. More thorough inspection procedures may be undertaken at, or shortly following, system pumping.
(f)
Reserved.
(g)
If a property owner has had an inspection performed by a qualified inspector or a pumpout performed by a qualified inspector before required to do so by this article, and the inspector completes the town-required form, the system need not be inspected or pumped for three (3) years from the date of service, or as recommended by the inspector.
(h)
The WWMD manager shall have the authority to order the inspection of any OWTS when it has been determined that the OWTS requires immediate repair, maintenance, replacement and/or improvements, or if there has been a change in use, conversion from seasonal to permanent occupancy, or other significant event that might affect the performance of an OWTS.
(i)
After an OWTS has been inspected, the owner will receive an inspection report from the WWMD or his/her designee detailing the findings, including any corrective actions, maintenance requirements, and the timeframe for the next inspection and/or corrective actions.
(j)
Cesspools. When the initial inspection record and report find that a cesspool exists and that such cesspool is not adequately treating septage in accordance with this article, the cesspool will be considered a failed system and the RIDEM will be notified of such. The WWMD manager will notify the owner and require that an application be submitted to the RIDEM for the necessary permit to repair the system. Such application must be made within sixty (60) days of the WWMD manager's notice. If a cesspool is found by the WWMD manager to be adequately treating septage, the manager shall not notify RIDEM as a matter of policy but shall keep such information on record for use in determining priority areas for upgrading OWTS and/or future sewers. All cesspools must comply with the Rhode Island Cesspool Act of 2007.
(k)
Privies. Construction of new privies is prohibited.
(Ord. of 3-8-2011, § 8)
Sec. 21-359. - Inspection records and reports.#
(a)
The WWMD shall develop standard OWTS inspection forms for the first maintenance (baseline) inspection and subsequent maintenance inspections, and the wastewater management office shall keep the completed inspection forms on file or each OWTS inspected. Completed forms shall be made available, upon request, to RIDEM and the property owner. The owner of the real property shall provide the WWMD manager, and, if applicable, the private town-approved OWTS inspector with any pertinent information that the owner has regarding the use, age, location, maintenance history, design, plat and lot number, RIDEM and/or CRMC permit number, engineering plans, etc. of the OWTS. The completed inspection form shall be sent to the owner and the WWMD office within ten (10) days of inspection.
(b)
The completed inspection forms shall, at a minimum, contain the following information:
(1)
Owner's name(s);
(2)
Street address and/or utility pole number;
(3)
Plat and lot;
(4)
Owner's phone number;
(5)
Occupancy (seasonal or year round);
(6)
Number of occupants;
(7)
Owner's agent contact number (if applicable);
(8)
Person(s) (and title) conducting the inspection;
(9)
Date when each OWTS, RIDEM approved system, or cesspool has been inspected and pumped;
(10)
Results of the inspection;
(11)
Date when OWTS, RIDEM approved system, or cesspool is due to be inspected or pumped again;
(12)
Maintenance requirements for the OWTS, RIDEM approved system, or cesspool;
(13)
Physical condition of inlet and outlet baffles, filters and risers;
(14)
Presence of garbage disposal device;
(15)
Septic tank levels;
(16)
Surface breakout onto the ground surface;
(17)
Lush plant growth over and near the septic tank or leach field;
(18)
Odor;
(19)
Presence of trees or shrubs within ten (10) feet of the leach field;
(20)
Presence of impervious areas over the leach field or septic tank;
(21)
Discharge of septage onto the surface of the ground or into any surface water;
(22)
Site conditions such as new construction, new living un its, in-law apartment and encroachments onto the leach field area;
(23)
Any recommendations of the inspector to bring the [OWTS], RIDEM approved system, or cesspool into compliance with the RIDEM OWTS rules and this article, or to help extend the useful life of the system.
And as part of the first maintenance (baseline) inspection: (24)
Type of [OWTS], RIDEM approved system, or cesspool and disposal system;
(25)
Approximate size of the septic tank;
(26)
Approximate size and location of the disposal system (leach field, etc);
(27)
Recommendation for timing of pumpouts, next routine inspection and any special inspections.
(c)
The WWMD manager will send a copy of the completed inspection form to the owner on record for the property in the tax assessor's office.
(d)
Inspection reports. A written report detailing the results of the inspection shall be kept on file with the WWMD and sent to the homeowner. The report is sent to the homeowner for his/her review and to allow for data collected during inspection to be updated/revised, based on submittal of convincing evidence. If the inspection reveals a malfunctioning OWTS, RIDEM approved system, or cesspool, the owner shall be given a written notice of the WWMD manager's findings. A copy of said report shall also be sent to the [RIDEM], Division of Groundwater and OWTS. The owner shall be given sixty (60) days to contact the [RIDEM] and apply for a permit to repair or replace the system, if necessary. A time limit to complete any needed repairs or alterations shall be established on a case-by-case basis.
(e)
If an inspection reveals that an OWTS needs immediate pumping to avert a potential endangerment to the environment and/or the public health, the WWMD shall send the owner or the owner's agent a written notice and a copy of the inspection report allowing the owner, or the owner's agent, five (5) days to pump the system and to present evidence of such pumping to the WWMD manager in the form of a receipt from a licensed/permitted septage hauler.
(f)
If an inspection reveals that an OWTS presents an imminent endangerment to the environment, and/or the public's heath, the WWMD manager shall attempt to contact the owner or the owner's agent to have the system pumped within twelve (12) hours, or if deemed necessary by the WWMD or his/her designee, and to present evidence of such pumping to the WWMD manager in the form of a receipt from a licensed/permitted septage transporter. If there is no satisfactory response or action by the property owner, the WMMD is hereby authorized to enter private property without the consent of the property owner, and to effectuate a pumpout and/or immediate repairs to the system, at the owner's expense.
(Ord. of 3-8-2011, § 9)
Sec. 21-360. - Failure to inspect, repair or replace an OWTS, RIDEM approved system or cesspool.#
(a)
Property owners will be required to present their system for inspection to the WWMD manager, or his/her designee, within thirty (30) days of the issuance of a written notice for inspection from the WWMD manager. Failure to respond to this requirement will be deemed a violation of [this article].
(b)
Property owners shall be required to pump their system within thirty (30) days of the issuance of a written notice to pump from the WWMD manager. Failure to respond to this requirement will be deemed a violation of this article.
(Ord. of 3-8-2011, § 10)
Sec. 21-361. - Notices of violation.#
If, upon inspection, any owner of an OWTS is determined to be in violation of this article or its rule and regulations, other than pumping, the WWMD manager or his/her designee shall issue a written notice of violation. Notices of violation (NOV) shall be issued in the following manner:
The WWMD manager, or his/her designee, shall send the NOV to the owner and/or the owner's agent by regular mail, and by certified mail, return receipt requested. The WWMD or his/her designee, shall complete an affidavit of service by mail, which shall be kept on file by the WWMD Office. The NOV will contain the following information: (1)
A copy of the inspection report containing applicable information specified in section 21-359 of this article;
(2)
The nature of the violation, including a reference to the particular sections of the statutes, ordinance, rule and regulations involved;
(3)
Required corrective action(s);
(4)
A reasonable time frame for compliance;
(5)
The right to appeal within thirty (30) days as provided in section 21-363 of this article;
(6)
The possible consequences for noncompliance with the NOV as described in section 21-362 of this article. If applicable that the violation presents an imminent endangerment to the environment, and/or public health, and the WWMD manager, town manager or town council may hire a licensed/permitted septage transporter to pump the OWTS, pursuant to section 21-359 of this article.
The WWMD shall forward a copy of the NOV to the building official, and may record the NOV in the town's land evidence records.
(Ord. of 3-8-2011, § 11)
Sec. 21-362. - Enforcement; penalties.#
(a)
In the case of a violation, if the OWTS owner fails to have his/her system inspected within the stipulated time period or fails to accomplish the repairs to or replacement of the OWTS within the compliance schedule established the WWMD manager or his/her designee will take appropriate enforcement action, including the proceedings for injunctive relief, as prescribed in section 21-363 of this article. Further, the building official shall take the enforcement action provided for in the Rhode Island State Building Code.
(b)
If a system has not failed but requires pumping, the owner shall be required to show proof that the OWTS has been pumped within thirty (30) days of inspection. A receipt from the pumper shall constitute adequate proof. In cases of failure, the aforementioned notification process to the WWMD manager neither replaces nor precludes the obligation of the owner to notify the Rhode Island Department of Environmental Management, the Rhode Island Department of Health or the Coastal Resources Management Council.
(c)
If an owner who fails to comply with a NOV by the date specified on the notice, the WWMD manager or his/her designee is hereby authorized to enter private property to correct the violation at the owner's expense.
(d)
Any person or owner who fails to comply with a violation notice shall be subject to a fine not to exceed five hundred dollars ($500.00) per violation. Each day of a continuing violation shall constitute a separate violation. All fines or penalties shall be payable to the town for the administration and implementation of the WWMD. Notices of violation shall be recorded in the land evidence records for the property where the violation is identified. The notice of violations shall remain recorded until such time as the violation has been abated. Upon notification that the violation has been abated, a notice of violation release will be filed with the town clerk and the NOV will be removed from the land evidence records.
(e)
Any owner of an OWTS who is cited for a violation of this article shall have the right to [an] appeal before a quorum of the town council. A request for such an appeal must be made within thirty (30) days of receipt of the NOV, and shall be filed with the WWMD manager and the town clerk, which will then be forwarded to the town council.
(f)
The decision of the town council shall be stated on the record at the conclusion of the hearing or shall be rendered no more than forty-five (45) days after the hearing is closed. Said decision shall contain findings of fact and conclusions of law. Under no circumstances, however, shall an OWTS that presents an imminent endangerment to the environment, and/or the public's health be allowed to continue to do so during the appeal process.
(Ord. of 3-8-2011, § 12)
Sec. 21-363. - Judicial review; appellate procedures.#
(a)
Pursuant to the provisions of G.L., § 45-24.5-4, an aggrieved party shall have the right to appeal the final order and/or decision of the town council to the district court in the manner set forth under the provisions of the Rhode Island Administrative Procedure Act, G.L., § 42-35-15.
(b)
Proceedings for review are instituted by the filing of a complaint in the district court within thirty (30) days of the date the decision was issued.
(c)
The filing of a complaint shall not stay the decision of the WWMD manager and the town council. The town council may grant, or the district court may order, a stay upon appropriate terms.
(d)
Within thirty (30) days after service of the complaint, or within further time allowed by the court, the town council shall transmit to the clerk of the district court the entire record of the proceedings under review.
(e)
If, before the date set for hearing, application is made to the court for leave to present additional evidence and it is shown to the satisfaction of the court that the additional evidence is material and that there were good reasons for failure to present it in the proceeding before the town council, the court may order that the additional evidence be taken before the town council upon conditions determined by the court. The town council may modify its findings and decision by reason of the additional evidence and shall file that evidence and any modifications, new findings or decisions with the district court.
(f)
The review shall be conducted by the court without a trial and shall be confined to the record. In cases of alleged irregularities in the procedure before the town council not shown on the record, proof thereof may be taken by the court. The court, upon request, shall hear oral argument and receive written briefs.
(g)
The court shall not substitute its judgment for that of the town council as to the weight of the evidence on questions of fact. The court may affirm the decision of the town council or remand the case for further proceedings, or it may reverse or modify the decision if substantial rights of the appellant have been prejudiced because the administrative findings, inferences, conclusions or decisions are:
(1)
In violation of constitutional or statutory provisions;
(2)
In excess of statutory authority of the town council;
(3)
Made upon unlawful procedure;
(4)
Affected by other error of law;
(5)
Clearly erroneous in view of the reliable, probative and substantial evidence on the whole record;
(6)
Arbitrary or capricious or characterized by an abuse of discretion or clearly unwarranted exercise of discretion.
(Ord. of 3-8-2011, § 13)
Sec. 21-364. - Financing.#
(a)
The town council shall have the authority to raise funds for the administration, operation, contractual obligations and services of the wastewater management district.
(b)
Fee structure. At the time of adoption of this article, the WWMD shall be financed from the ad valorem taxes levied by the Town of Warren. If, in the future, the town opts to operate a sewer utility (enterprise) in which those connected to the sanitary sewer system are charged directly on the basis of usage, the WWMD manager and the town manager may propose to the town council property owner taxes, annual fees and/or other fees as may be necessary for the efficient operation of the WWMD and the provisions of this article, which method of financing shall be approved by town council. Said tax and/or fee shall be based on the total number of OWTS, RIDEM-approved systems and cesspools in the WWMD boundaries and the administrative and technical costs associated with providing the services herein. Any funds so collected or raised for the purposes of implementing this article shall be maintained as an enterprise account, separate from the town's general fund.
(c)
Grant and loan programs. The town, under the authority of the state legislature, shall have the authority to issue bonds or notes, to receive grants, or to assess OWTS owners for the purpose of assisting owners with costs associated with compliance with the WWMD. The town council, in conjunction with the department of planning and community development and the town manager, shall establish specific criteria to define eligibility for grants or loans. These criteria are subject to approval by the town council and the specific requirements of funding sources.
(Ord. of 3-8-2011, § 14)
Sec. 21-365. - Adoption of rules and regulations.#
(a)
The town has adopted and may from time to time amend, revise or supplement regulations to ensure that OWTSs are properly operated, regularly inspected and routinely maintained to prevent malfunctioning systems and to operate as an alternative to municipal sewer systems.
(b)
To further effectuate the purpose of this article, the "Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems," (the "rules") promulgated by the RIDEM, dated 2008, and any and all subsequent amendments thereto, are hereby adopted and made a part of this article as if written in full herein. (A copy of the rules is on file in the office of the town clerk and the office of the town manager. For convenience, certain sections of the Rules are reproduced herein.)
(c)
This article supersedes all other town ordinances.
(Ord. of 3-8-2011, § 15)
Sec. 21-366. - Miscellaneous provisions.#
(a)
Cesspools.
(1)
Cesspools are a substandard and inadequate means of onsite wastewater treatment. All cesspools are considered to be malfunctioning systems and shall be replaced with OWTS which conforms to current state and local standards within six (6) months after the sale of a property or within five (5) years of the date of the first maintenance (baseline) inspection, whichever date comes first. This provision shall not supersede RIDEM's OWTS rules pursuant to the Rhode Island Cesspool Phaseout Act.
(2)
A property owner may request, in writing, a review by the WWMD manager for an alternative to replacing a cesspool. Upon receipt of the request, the WWMD manager shall endeavor to work out with the property owner a financially feasible plan to bring the OWTS into compliance with state and local standards, which alternative may include an extension of time in which to comply with this section, the imposition of interim measures that ensures the protection of the environment and the public health, safety and welfare, and/or a remediation plan. The WWMD manager may allow an alternative to replacing a cesspool upon a finding that all of the following standards are satisfied:
a.
Requiring the replacement of the cesspool in strict conformance with this section would not be financially feasible, considering all the relevant facts and circumstances of the individual case;
b.
The system does not present an immediate public health and/or environmental threat; and
c.
The alternative system provides a level of environmental protection that is at least equivalent to that required by RIDEM OWTS rules.
d.
The decision of the WWMD manager shall be in writing and shall state specific reasons for the denial or approval.
e.
Remediation plans. The owner(s) of any lot or parcel of land containing more than one (1) detached dwelling unit may be required by the WWMD manager to develop a remediation plan. Where there are existing cesspools or substandard systems, the WWMD manager and/or his designee shall work with the owners and/or lessees to develop a remediation plan that ensures the protection of the environment and the public health safety and welfare which may include gray water systems and shared systems. The WWMD manager shall offer technical assistance in the development of the remediation plan.
f.
All cesspools shall nonetheless be replaced within six (6) months after the sale of a property.
(b)
Effluent filters and risers to help locate and facilitate the inspection and pumping of a septic tank and ultimately to increase the longevity of the OWTS, all septic tanks installed, repaired or altered after the effective date of this article, shall be equipped with access risers to grade located at the inlet and outlet ends of the septic tank and an effluent filter located at the outlet end of the septic tank. These access risers shall be a minimum of twenty (20) inches in diameter.
(c)
Mechanical and electrical components. All OWTS with mechanical components, pumps and/or electrical components shall have a written maintenance contract for those components that is registered with the wastewater management office. Only persons accredited to perform OWTS maintenance work, or the manufacturer's representative, shall fulfill the contracted requirements. Maintenance contractors must register with the wastewater management office. A list of approved maintenance contractors shall be prepared by and made available through the wastewater management office. Failure to comply shall be deemed a violation of this article, and may result in the issuance of a notice of violation.
(d)
Measures to prolong the efficient performance of a septic system. The following simple measures will extend the life of any septic system, and are very strongly encouraged:
(1)
Garbage disposal. Garbage disposals produce excess solids which can reduce the efficient functioning of a septic system. Garbage disposal discharges to a septic system is discouraged, unless effluent filters are installed.
(2)
Water saving devices. Water saving devices, including but not limited to low-flow toilets or toilet dams, faucet aerators and low-flow shower heads, are encouraged.
(3)
Outlet effluent filters. The use or retrofitting of outlet effluent filters with access manholes for septic systems are encouraged.
(4)
The use of any septic tank additives, which contain acids and/or organic chemicals, in an individual sewage disposal system, is discouraged. To date, there is no scientific information available that indicates that such individual sewage disposal system additives are beneficial and may be harmful by killing beneficial bacteria that naturally occur in septic systems. The use of acid and organic chemical solvents in any OWTS is prohibited by RIDEM OWTS rules. The RIDEM does not recognize any additive product as being beneficial to the operation of an OWTS.
(5)
The discharge of rainspouts, basement sumps or any other drains to a septic system, with the exception of household washing machines, is discouraged. The discharge of roof drains, surface drains, and subsurface drains into an OWTS is prohibited by the by RIDEM OWTS rules.
(6)
Plantings above or adjacent to the leaching area should be such that they will not compromise the operation of the leach field. Plantings should have shallow root systems that will not impinge on the leaching area. A list of proposed plantings should be submitted to the WWMD manager to confirm the plantings meet such standards.
(7)
The disposal of any hazardous materials, which include corrosive, explosive or flammable materials or materials that contain toxic chemicals into a septic system, is discouraged, as they will kill beneficial bacteria and may leach into wetlands, drinking water supplies, and coastal waters.
(Ord. of 3-8-2011, § 16)
Sec. 21-367. - Definitions.#
Any term not defined herein, shall be governed by the definition as it appears in the current "Rhode Island Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems" (hereinafter "OWTS rules"), as it may be amended from time to time. In any conflict between the definitions herein, the OWTS rules shall prevail.
For convenience, key definitions from the OWTS rules that are essential to the operation of the WWMD are listed as follows (additions to those definitions or added definitions are underlined):
Applicant means the owner or owners of the property or easement that is the subject of the application, or it must be the person who holds a valid purchase and sales agreement for said property.
Bedroom means any room in a residential structure which is greater than seventy (70) square feet in area which is susceptible to present or future use as a private sleeping area and which satisfies all of the following requirements: (1)
Has at least one (1) window that meets the 4.4 square foot minimum size and all other requirements of the Rhode Island State Building Code SBC-1 or SBC-2.
(2)
Has at least one (1) interior method of entry and egress, excluding closets and bathrooms, allowing the room to be closed off from the remainder of the residence for privacy.
(3)
Is a heated living space that is unrestricted for year-round use.
Rooms located below grader that are not recognized by the Rhode Island State Building Code SBC-1 or SBC-2 are not recognized as bedrooms under these rules.
Building renovation means any addition, replacement, demolition, reconstruction and/or modification of an existing structure. (Under OWTS rules this may be deemed an "alteration", which requires RIDEM review.)
Cesspool means any buried chamber, including, but not limited to, any perforated metal tank, perforated concrete vault or covered hollow or excavation, which receives discharges of wastewater from a building sewer for the purpose of collecting solids and discharging liquids to the surrounding soil. Cesspools are not acceptable forms of OWTSs. However, for the purposes of this article only, this article and pursuant town regulations that apply to OWTS shall also apply to cesspools, as applicable, with exceptions as noted herein. This shall in no way be interpreted as an endorsement of or approval for the continued usage of any cesspool.
Change of use means any change in use or occupancy of any structure or part thereof which would violate any provision of the Rhode Island State Building Code, R.I. G.L., ch. 23-27.3, as amended, or any regulation promulgated thereto without first obtaining a certificate of occupancy indicating that the structure complies with the provisions of the state building code for the proposed new use. Change of use shall also be held to mean a conversion of a seasonally used structure to a structure for year-round use.
Department, DEM or RIDEM means the Rhode Island Department of Environmental Management.
Designee. Should the WWMD manager, by reason of conflict of interest or extended illness, be unable to take a specific enforcement action; the town manager may appoint a person to perform the specific enforcement function.
Effluent means sewage, water or other liquid, partially or completely treated or in its natural state, flowing out of any component of an OWTS, flowing over the ground's surface or beneath the ground in groundwater.
Failed OWTS means any OWTS that does not adequately treat and disperse wastewater so as to create a public or private nuisance or threat to public health or environmental quality, as evidenced by, but not limited to, one or more of the following conditions: (1)
Failure to accept wastewater into the building sewer;
(2)
Discharge of wastewater to a basement; subsurface drain; stormwater collection, conveyance, or treatment device; or watercourse unless expressly permitted by the department;
(3)
Wastewater rising to the surface of the ground over or near any part of OWTS or seeping from the absorption area at any change in grade, bank or road cut;
(4)
The invert of the inlet or the invert of the outlet for a septic tank, distribution box, or pump tank is submerged;
(5)
The liquid depth in a cesspool is less than six (6) inches from the inlet pipe invert;
(6)
Pumping of the cesspool or septic tank is required more than two (2) times per year;
(7)
OWTS is shown to have contaminated a drinking water well, watercourse, groundwater, surface water, wetlands and estuarine waters;
(8)
If a septic tank, pump tank, distribution box, or cesspool is pumped and groundwater seeps into it; or
(9)
Any deterioration, damage, or malfunction relating to any OWTS that would preclude adequate treatment and dispersal of wastewater; and
(10)
Excessive solids are evident in the distribution box or distribution lines.
Holding tank means a closed watertight structure used to contain wastewater prior to being removed from the premises. A holding tank does not discharge wastewater to the surface of the ground or to the subsurface. The acceptability of a holding tank in lieu of an OWTS shall be determined by RIDEM. However, for the purposes of this article only, this article and pursuant town regulations that apply to OWTS shall also apply to holding tanks, as applicable, with exceptions as noted herein. This shall in no way be interpreted as an endorsement of or approval for the usage of any holding tank.
Invert means the lowest portion of the interior of a pipe or fitting.
Inspector means a private town-approved OWTS inspector who has attended and passed the courses to be accredited through the University of Rhode Island Onsite Wastewater Training or an equivalent training program both for conventional and innovative systems (URI's INSP 100 and 200 courses). In addition, a town-approved inspector must agree to complete the appropriate inspections forms and track data in a septic system database, such as www.asist.net. A list of town-approved inspectors shall be maintained and available on the town's web site.
Leachfield means a group of one or more dispersal chambers or trenches designed for the final treatment and dispersal of wastewater into the underlying soil. The leachfield shall be held to mean the horizontal and vertical lines circumscribing the outermost edges including the area between the chambers or trenches and the depth to the bottom of stone.
Maintenance means the regular cleaning of any concrete chamber, cesspool, septic tank, building sewer, distribution lines or any other component of an OWTS for the purpose of removing accumulated liquid, scum or sludge. The term, "maintenance," shall also be held to include regularly required servicing or replacement of any related mechanical, electrical, or other component equipment.
Malfunctioning OWTS. A malfunctioning system shall be synonymous with a failed OWTS.
Onsite wastewater treatment system (OWTS) means any system of piping, tanks, dispersal areas, alternative toilets or other facilities designed to function as a unit to convey, store, treat or disperse wastewater by means other than discharge into a public wastewater system.
OWTS inspections means one of the four (4) types of OWTS inspections undertaken to gather baseline information, assess maintenance needs and to determine the condition of an OWTS at the point of home sale or the cause of septic system failure or malfunction. (1)
First maintenance inspection means the initial inspection performed on an OWTS and system site. The septic tank and/or other components of the system are usually pumped as part of this inspection to facilitate the evaluation of the current condition of the OWTS. First maintenance inspections involve the location of OWTS components and more detailed data gathering that are not usually necessary for subsequent routine inspections.
(2)
Routine maintenance inspections means an inspection performed at a period of time after the first maintenance inspection of an OWTS and system site to determine the need for pumping, establish future inspections schedules and to assess whether any repairs and/or replacement are necessary.
(3)
Functional inspection means an inspection of an OWTS that typically occurs at the point of home sale. It may include, but not limited to, an assessment as to whether the OWTS conforms to current design standards, an evaluation of in-home plumbing, and an analysis of the OWTS components including flow trail and dye tracing as deemed necessary.
(4)
Diagnostic inspection means a detailed inspection the purpose of which is to determine the cause for a particular OWTS failure and/or malfunction.
Owner means any person who holds legal title to any real property; or has possession or control of any real property through any agent, executor, executrix, administrator, administratrix, trustee or guardian of the estate of a holder of a legal title. Each such person is bound to comply with the provisions of this article.
Packaged, cluster or collective treatment system is any system treating the effluent of two (2) or more structures. Inspection and maintenance of such systems are subject to special RIDEM permits, and are not subject to this article.
Private drinking water well means any manmade opening into the ground developed for the purpose of meeting a person's current drinking water needs provided said well does not supply a public water system. This definition shall include proposed private drinking water wells on an applicant's property and on other properties with an approved OWTS permit. Wells serving non-potable or non-drinking water needs are not considered private drinking water wells under these rules. A well on a property that is served by a public water system is not considered a private drinking water well under these rules.
Public drinking water supply well or public well means any manmade opening into the ground developed for the purpose of meeting all or part of a public water system needs.
Public water system means any water system that provides piped water to the public for human consumption, provided that such system has at least fifteen (15) service connections or serves an average of twenty-five (25) individuals daily at least sixty (60) days out of the year. A public water system shall include all sources and facilities involved in collecting, treating, storing and distributing the water.
Repair means any work performed on an OWTS in order to mend or renovate a specific defect or deficiency after the failure, injury, deterioration or partial destruction of a previously existing OWTS or component thereof. A repair shall include any upgrade or modernize of an OWTS (e.g., replacement of cesspool). A repair shall not include any work performed on an existing OWTS that increases the flow capacity of the system.
Septage means any solid, liquid or semi-solid removed from septic tanks, cesspools, privies, domestic wastewater holding tanks or other similar onsite wastewater treatment systems.
Septic tank means a watertight receptacle which receives the discharge of wastewater from a building sewer, and is designed and constructed to permit the deposition of settled solids, the digestion of the matter deposited, and the discharge of the liquid portion into the next treatment component or distribution box.
Storm drain means any pipe or structure designed to collect, carry and divert surface water runoff.
Structure means any residence (as defined herein), building, garage, shack, trailer or other permanent or semi-permanent facility, whether commercial or non-commercial in use, which is proposed to be placed or has been built or otherwise placed on a parcel of real property.
Violation shall mean: (1)
Failure to comply with and adhere to the rules and regulations set forth in this article.
(2)
The improper discharge of wastewater from a failed OWTS.
Wastewater means human or animal excremental liquid or substance, putrescible animal or vegetable matter or garbage and filth, including, but not limited to, water discharged from toilets, bath tubs, showers, laundry tubs, washing machines, sinks, and dishwashers. Both blackwater and graywater are considered wastewater under these rules.
Wastewater management district (WWMD) shall constitute the entire Town of Warren where the proper operation and maintenance of an OWTS will be required and which is further defined in accordance with the provisions of this article.
Wastewater management district (WWMD) manager or his/her designee shall mean the town employee or contracted employee whose duty it is to supervise the day-to-day administration of the WWMD and the provisions of this article. The WWMD manager or his/her designee shall serve as the enforcement officer pursuant to the authority granted under this article and any regulations adopted pursuant to this article.
Wastewater management office (WWMO) shall constitute the WWMD manager and any other such staff as may be necessary for the day-to-day administration and enforcement of the wastewater management district and the provisions of this article.
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 Rhode Island Cesspool Act of 2007.
(Ord. of 3-8-2011, § 16)