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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)