The text
Footnotes:
ARTICLE I. - SEWER AUTHORITY#
Sec. 2.1. - Authority to plan, etc., sewage works; definitions; bonding authorized; sewer charge, assessment authorized.#
The city of Warwick is authorized and empowered, in accordance with the provisions of this act, to plan, lay out, construct, finance, operate and maintain sewage works for a part or the whole of its territory and for such purposes to take by eminent domain or otherwise any lands, water rights, rights-of-way, or easements, public or private, in said city necessary for accomplishing any purpose mentioned in this act. Such sewage works may include sewers and sewer service connections, pumping stations, sewage treatment works, sewage disposal works, and other works essential to the proper collection, treatment, and disposal of the sewage of said city.
As used in this act, unless the context otherwise requires:
"Authority" means the sewer authority authorized by this act.
"Cesspool" means any buried chamber other than an on-site wastewater treatment system (OWTS), including, but not limited to, any metal tank, perforated concrete vault, or covered hollow or excavation, which receives discharges of sanitary sewage from a building for the purpose of collecting solids and discharging liquids to the surrounding soil.
"City" means the city of Warwick.
"City council" means the city council of the city of Warwick.
"Common sewer" means a sewer in which all abutters have equal rights of entrance and use.
"Cooling water" shall include the clean wastewater from air conditioning, industrial cooling, condensing and similar apparatus, and from hydraulically powered equipment. In general, cooling water will include only water which is sufficiently clean and unpolluted to admit of being discharged, without treatment or purification, into any natural open stream or watercourse without offense.
"Force main" means a sewer wherein sewage is moved by pressure.
"Highways" means any state or other highway and any public street, alley, park, parkway, driveway, bridge, or public place.
"Industrial wastes" shall include the liquid- or water-carried wastes of any industrial process not clearly included within the definitions of sanitary sewage, storm water, cooling water, or seepage or subsoil drainage herein. In general, wastewaters carrying any quantity of oils, grease, fats, abrasives, chemicals, residues of manufacturing processes, wastes from commercial food preserving or canning, from slaughter houses or meat processing plants, and similar substances, whether dissolved, in suspension, or mechanically carried by water, shall be considered as industrial wastes.
"Land" means and includes any land, including buildings and other improvements thereon, estate, riparian or other rights, easements, interests or waterways.
"Lateral sewer" means a sewer which does not receive the sewage from any other common sewer.
"Main sewer" means a sewer into which the sewage from two or more sub-main sewers is discharged.
"Mayor" means the mayor of the city of Warwick.
"On-site 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.
"Parcel" means a part, portion, or tract of land and whatever is erected, attached, growing upon, or affixed to the land.
"Quorum" means a majority of the members of the authority.
"Sewage" shall mean wastewater, water-carried wastes, or a combination of them, discharged into and conveyed by sewers or intended or customarily so discharged and conveyed. Sewage may be further classified as sanitary or industrial:
"Sanitary sewage" shall mean the common wastewater and water-carried wastes from human dwellings and from toilet and lavatory fixtures, kitchen, laundries and similar facilities of business and industrial buildings. In general, sanitary sewage shall not include storm water from roofs, yards, streets or open spaces; water from land surfaces or brooks; clean waste or overflows from springs, wells, or subsoil drainage; large volumes of clean water from air conditioning or other cooling or condensing facilities; clean wastewater from hydraulically operated contrivances; and those wastes included within the definition of "industrial waste."
"Seepage" or "subsoil drainage" shall include water from the soil percolating into subsoil drains and through foundation walls, basement floors, or underground pipes or from similar sources.
"Sewage works" means all constructions for collection, transportation, pumping, treatment and final disposition of sewage.
"Sewer assessment" means the rate or charge for the construction of the sewers and sewer systems set by a method(s) adopted by the authority that bears a reasonable relation to the costs of construction to the city and authority of the service rendered to the users, including, but not limited to, costs related to engineering, inspections, land purchases, paving, and financing.
"Sewer service connection" means a pipe and any associated appurtenances to convey sewage and wastes from the property line of a parcel to a common sewer.
"Storm water" shall include the runoff or discharge of rain and melted snow or other clean water from roofs, surfaces of public or private parcels, or elsewhere. For most purposes within the scope of this ordinance, storm water shall not include the flow of any natural brook, rivulet, or stream, even if the source of such water is storm runoff from parcels, land, or other property, once that runoff has entered the channel of such brook or natural watercourse. In general, storm water shall include only water which is sufficiently clean and unpolluted to admit of being discharged, without treatment or purification, into any natural open stream or watercourse without offense.
"Sub-main sewer" means a sewer into which the sewage from two or more lateral sewers is discharged.
"Undeveloped" means any parcel of land which has not been built upon or otherwise lacks inhabitable buildings or structures.
"User charges" means rates, charges, and/or fees levied on the users of the wastewater collection and treatment system related to the costs of operation, maintenance, repair, and replacement of the wastewater collection and treatment system.
The city of Warwick may provide for the construction of sewers and for other sewage works for said city and may raise funds therefor by borrowing or otherwise, and for that purpose may issue bonds or notes for the city in accordance with the provisions hereinafter stated or under other authority.
The sewer authority shall provide that user charges shall be made upon the owners of the parcels using the sewage works and that sewer assessments shall be made upon the owners of parcels for which the use of sewage works is available. The receipts from user charges and sewer assessments shall be appropriated for, and applied to, the payment of the charges and expenses incident to the planning, construction, financing, operation, maintenance, repair, renewal, and replacement costs of the sewage works, and to the payment of principal and interest costs for any bonds or notes issued or outstanding for the sewage works, and any deficiency of said receipts in any year for said purposes shall be made by the city tax pending the authority in the next fiscal year eliminating said deficiency and reimbursing the city for any moneys advanced through the increasing of the rates established for user charges.
(P.L. 1962, ch. 254, § 1; P.L. 1988, ch. 479, § 1; P.L. 1991, ch. 86, § 1; P.L. 1998, ch. 39, § 1(1); P.L. 2016, ch. 061, § 1)
Sec. 2.2. - Sewer authority.#
There shall be a bi-partisan sewer authority for the city consisting of seven (7) qualified electors of the city, not more than five (5) of whom shall be members of the same political party, to be appointed by the mayor subject to confirmation by the city council. It shall be the purpose of the sewer authority to provide wastewater collection and treatment services to the city of Warwick in a cost effective and environmentally sound manner. The mayor shall appoint the seven (7) members of the authority, two (2) of each from lists of not less than three (3) names submitted by the respective chairman of the city political committees and three (3) members without party designation; one (1) member to hold office until one (1) year from the first day of February preceding the appointment, one (1) member to hold office until two (2) years from the first day of February preceding the appointment, one (1) member to hold office until three (3) years from the first day of February preceding the appointment, one (1) member to hold office until four (4) years from the first day of February preceding the appointment, and one (1) member to hold office until five (5) years from the first day of February preceding the appointment. In the month of January preceding the expiration of the term of each of the authority's members, the mayor shall appoint one (1) member to succeed the member whose term will next expire to hold office for the term of five (5) years from the first day of February next after his appointment and until his successor is appointed and qualified in the same manner as provided in the original appointment for the term. The two (2) members added to the authority by the 2019 amendment of the enabling act shall serve for five (5) years. In case any person appointed as a member of the authority shall decline to serve or neglect to qualify within ten (10) days after his appointment, or a vacancy shall occur in the authority for any other cause, the mayor, within thirty (30) days shall appoint some person to fill the vacancy for the unexpired term in the same manner as provided in the original appointment for the term. A person holding any other office of emolument or profit under the government of the city shall not be eligible to membership on the authority and if any member of the authority shall accept any such office or shall remove from the city, his place on the authority shall immediately become vacant. The members of the authority shall be severally sworn to the faithful performance of their duties under this act. They shall elect from among their members a chairman and a secretary at the first meeting after the organization and upon the appointment of any new member for a full term and shall fill any vacancy that may occur in either office from any cause. A majority of the members of the authority shall constitute a quorum for the transaction of business. The mayor may remove any member of the authority from office for cause shown after a hearing before the city council of which that member shall be given seven (7) days' notice in writing.
The mayor, with the advice and consent of the city council, shall fix the compensation of the members of the authority and shall annually appropriate a sum sufficient to pay the same together with a sum sufficient for office expenses.
The authority may adopt by-laws governing the transaction of business by an affirmative vote of at least five (5) members, but no such by-laws shall authorize any action by the authority except by the affirmative vote of at least four (4) members thereof and with the advice and consent of the mayor.
The authority shall review the sewer survey (Facilities Plan) in order to develop procedures for the implementation of the general sewer program and to conduct preliminary studies in order to execute the administrative details contained in this act.
The activities may include: (a)
The planning and programming of the various phases of the sewer project; and
(b)
A review of the procedures of various financing programs in terms of charges and assessments to be instituted upon the commencement of the construction of sewers; and
(c)
An establishment and exercise of a public information program.
The members of the authority and their duly authorized agents may enter upon any premises within the city to examine, inspect, or survey the same, whenever necessary for the performance of their duties under this act.
(P.L. 1962, ch. 254, § 2; P.L. 1988, ch. 479, § 2; P.L. 1991, ch. 86, § 2; P.L. 2016, ch. 061, § 1; P.L. 2019, ch. 290, § 2)
Cross reference— For salary of members of sewer authority, see § 64-5 of the Code of Ordinances.
Sec. 2.3. - Preparation of plans; public hearing; reports; specifications; estimates.#
Without in any way limiting the authority of the city to provide sewers anywhere within the territorial limits of the city, the sewer authority, with the advice and consent of the mayor, may authorize the construction, maintenance, and operation of sewage works, from time to time, in different areas or sections of the city. The authority shall proceed to prepare construction plans, specifications, and cost estimates of sewage works for the city, or any portion thereof, allowing the streets and highways in which the sewers will be placed and the location of other sewage works to be placed outside of the street and highway limits. The authority shall also prepare, or have prepared, a report describing the proposed sewage works and a complete estimate of costs therefor.
When such plans, specifications, report, and estimates are completed, or at other times in the development stages, the authority shall cause to be held a public hearing pursuant to the authority's rules and procedures. Notice of the hearing shall be published in a public newspaper having circulation in the city of Warwick at least five (5) days prior to the hearing.
The finance director, with the consent of the mayor and a requisition approved by the authority and signed by the authority's chairman, shall appropriate a sum sufficient to pay the cost of preparing the plans, specifications, report, and estimates provided for in this section, to be expended by the authority, and to be paid by the city treasurer upon vouchers approved by the mayor and the authority and the finance director, and the city treasurer shall repay the treasury any sums so expended whenever sewer bonds or notes are issued as hereinafter provided.
In the preparation of plans, specifications, reports, and estimates provided in this section, the authority may, with the consent of the mayor, from time to time, employ and fix the compensation of such consulting engineers, legal advisers, and other professional experts, and such other employees as it may find necessary, and may discontinue the employment of any or all such employees.
(P.L. 1962, ch. 254, § 3; P.L. 1988, ch. 479, § 3; P.L. 1991, ch. 86, § 3; P.L. 2016, ch. 061, § 1)
Sec. 2.4. - Construction of works; contracts; operation and maintenance of works; employment of professionals; records; minutes.#
Upon the completion of a public hearing of the plans, specifications, reports, and estimates as provided in section 3 hereof, the sewer authority, with the advice and consent of the mayor, shall proceed as soon as may be practicable to carry out construction work contemplated by the plans aforesaid. The authority, with the advice and consent of the mayor, shall be vested with full authority to construct sewage works for the city and to make for, and on behalf of, the city all necessary contracts for construction and for the purchase of property. The authority may purchase any supplies and equipment for the construction, operation, and maintenance of any sewage works. All work, supplies, materials, and equipment required by the authority in connection with the construction of the sewage works shall be procured by contract made pursuant to, and in manner required by, the provisions hereof. For all contracts involving more than five thousand dollars ($5,000), except in the case of legal services, the services of consulting engineers, and other professional services, the authority shall not issue purchase orders without obtaining the prior consent of the mayor and thereafter filing a monthly report of such contracts and purchase orders with the mayor and city council. The operation, maintenance, and repair of the sewage works shall be vested in the authority.
The authority, with the advice and consent of the mayor, may, from time to time, employ and fix the compensation of such professional engineers, legal advisors, surveyors, draftsmen, clerks, and other employees as it may find necessary for the construction, operation, maintenance, and repair of the sewage works, and may, at any time, discontinue the employment of any or all such employees subject to compliance with the rules and regulations of the city's personnel administration. The authority shall cause to be kept a record of all its accounts and proceedings, and an accurate account of all its transactions, and shall annually, and at such other times as directed by the mayor or the city council, report to the mayor and city council its doings and make a report in detail of its financial accounts. The authority shall keep minutes of all its proceedings showing the vote of each member upon each question, or if such member be absent or fails to vote, indicating such fact; and shall keep records of its examinations and of other official actions, all of which shall be filed and shall be a public record.
(P.L. 1988, ch. 479, § 4; P.L. 1991, ch. 86, § 4; P.L. 1998, ch. 39, § 1(4); P.L. 2016, ch. 061, § 1)
Secs. 2.5—2.7. - Reserved.#
Editor's note— Section 1 of ch. 39 of the Public Laws of 1998 deleted §§ 2.5—2.7 in their entirety. Formerly, said sections pertained to authority authorized to borrow up to four million, issuance of bonds, notes, terms and conditions of bond, notes, disbursement of funds; authority to issue temporary notes for temporary borrowing; and serial bonds or notes generally, and derived from P.L. 1962, ch. 254, §§ 5—7; P.L. 1988, ch. 479, §§ 5, 6; and P.L. 1991, ch. 86, § 5.
Sec. 2.8. - Custody and accounting of funds raised by bonding or notes.#
The proceeds arising from the sale of any bonds or notes issued under authority of this act shall be delivered to the city treasurer and shall be kept in separate accounts and shall be expended only for the purposes, and in the manner, prescribed by this act; provided that the proceeds of the sale of any issue of serial bonds or notes shall first be applied to the payment of such temporary notes as may have been issued in anticipation of such issue; and provided, further, that any premium received over the par value of the serial bonds or notes of any issue, less the cost of preparing, issuing, and marketing such serial bonds or notes shall be applied to the payment of the principal of the first bonds or notes of such issue first to mature.
(P.L. 1962, ch. 254, § 8; P.L. 2016, ch. 061, § 1)
Sec. 2.9. - Apportionment of costs; sewer assessments and charges; enforcement of charges and assessments.#
The authority, with the advice and consent of the mayor, shall prescribe just and equitable sewer assessment rates on account of the construction costs and the cost of principal and interest for any bonds or notes issued for sewage works, to be levied against owners of parcels abutting on that portion of any highway in which a common sewer is laid under this act and also rates of user charges on account of operation and maintenance costs and renewal and replacement funding and the cost of principal and interest for any bonds or notes issued for sewage works, to be levied against owners of parcels that are connected to a common sewer or in accordance with section 17(b).
The assessments herein referred shall be paid by every parcel owner whose parcel abuts on that portion of any highway in which a common sewer is laid, under this act, in a manner prescribed by the authority, with the approval of the mayor and the finance director. The annual user charges herein referred shall be paid by every parcel owner whose parcel is connected to a common sewer, or in accordance with section 17(b), in a manner prescribed by the authority, with the approval of the mayor and the finance director.
Notwithstanding the foregoing, the authority may defer sewer assessments against parcels that are undeveloped or not developed to the extent permissible by city zoning ordinances; provided, that the parcels remain subject to assessment upon the development or redevelopment of the parcels in accordance with the authority's rules and regulations. The authority may defer sewer assessments against any parcels, if the owner of a parcel has installed a new OWTS within twenty (20) years of sewer service initially becoming operational, provided that the parcel shall remain subject to assessment and shall begin paying the assessment twenty (20) years from the date of the installation of the OWTS or upon connection to the sewer system, whichever occurs first.
The sewer assessments shall be determined by a method(s) adopted by the sewer authority that assesses charges for use of the sewers and the sewer systems in an amount that bears a reasonable relation to the cost of construction to the city and authority of the service rendered to the users, which method(s) may include, but is not limited to, the frontage along the highway of each parcel of land abutting on a common sewer, the area of such land within a fixed depth from the highway, or other alternative methods. The sewer authority, with the advice and consent of the mayor, may, from time to time, redetermine the rates fixed for sewer assessments, if construction costs warrant, and may redetermine rates for user charges if costs so warrant.
The sewer assessments herein referred to shall be paid by every parcel owner whose parcel is abutting on that portion of any highway in which a common sewer is laid under this act or is connected to the city's sewage works.
Sewer assessments levied hereunder shall be paid in as many as thirty (30) annual installments in accordance with the terms of the loan secured for sewer construction. In the case of installment payments, at a simple interest rate not to exceed a maximum rate of one and twenty-five hundredths percent (1.25%) above the average interest rate the authority is charged on the loan used to fund the construction of the sewers shall be charged annually on the unpaid balance of the total sewer assessment. These annual installment payments may be paid on a quarterly basis.
Sewer assessments shall be levied at a uniform rate based upon the final cost of constructing all sewers, sewer service connections, and other sewage works belonging to the city. Sewer assessment revenues shall be used for the payment of the principal and interest costs for any bonds or notes issued for sewage works.
User charges shall be levied upon every parcel owner or institution whose parcel is connected to the city's sewage system. The charge shall be computed as annual rates based upon water consumption or other factors deemed equitable by the sewer authority. The user charge shall be set at a level sufficient to support operation and maintenance costs of the sewer system and the wastewater treatment plant, the renewal and replacement fund, and the principal and interest for any bonds or notes issued for sewage works. The revenues to be raised by user charges will be reduced by revenues generated by sewer assessments.
The authority shall annually certify to the finance director and to the mayor all the charges and sewer assessments made by it under the authority of this act. Each charge or assessment made by the authority pursuant to this act shall be a lien upon the parcels, lands, buildings, and improvements upon which it is made in the same way and manner as taxes assessed on real estate, but the liens shall not expire until the charge or assessment, with all interest, costs, and penalties thereon, is paid in full, and, if the charge or assessment is not paid as required, it shall be collected in the same manner that taxes assessed on real estate are by law collected. The finance director, after receiving a list of charges or assessments under this act, shall forthwith, at the expense of the authority, send to each person assessed or charged notice of the amount of the assessment or charge. The notice shall substantially identify the person assessed, state the amount of the assessment or charge, and refer to the remedy available under section 19 of this act. The notice shall be mailed postpaid and directed to the last known address of the person assessed. If there are persons whose addresses are unknown, a similar notice covering the assessments against the persons shall be published in a newspaper of general circulation in the city and the published notice may be a single collective notice for all the persons. No irregularity in the notice required by this section shall excuse the nonpayment of the assessment or charge or affect its validity or any proceedings for the collection thereof as long as there is substantial compliance with the provision hereof. No deficiency in the notice to the person assessed shall excuse the nonpayment by others of the assessment or charges assessed against them or affect the validity thereof or any proceedings for the collection thereof. The finance director shall without further warrant collect the charges and assessments in the same manner as the regular taxes of the city may be payable. Interest at the rate per annum fixed for nonpayment of city taxes shall be charged and collected upon all overdue charges and assessments from the date they become payable until paid; provided, however, that the total overdue charge for non-payment of installment of sewer assessments shall be applied to past due installments and not the total assessment; and provided, further, that there shall be no penalty on installment assessments deferred by reason of income subject to rules and regulations that the Warwick city council may prescribe by ordinance.
The authority with the advice and consent of the mayor may at any time modify in whole or in part any charge or assessment to the extent the authority determines the charge or assessment to have been improperly imposed.
(P.L. 1962, ch. 254, § 9; P.L. 1988, ch. 479, § 9; P.L. 1991, ch. 86, § 9; P.L. 1998, ch. 39, § 1(9); P.L. 2016, ch. 061, § 1; P.L. 2019, ch. 290, § 2)
Sec. 2.9.1. - Renewal and replacement account.#
The city finance director shall establish in a separate account for renewal and replacement. The purpose of the account is to provide for the future renewal or replacement of the current and future physical assets of the wastewater treatment plant whose cost is in excess of ten thousand dollars ($10,000.) with an economic life of at least five (5) years. The renewal and replacement account will be funded annually through user charges, as determined by the sewer authority, in an amount equal to total gross depreciation expense as computed under generally accepted accounting principles, including the amortization of local and nonlocal contributed capital, or an alternative amount based on industry standards. Interest earned on monies deposited in the renewal and replacement fund will be credited to the account. Withdrawals from the account, subject to the aforementioned limitations of cost and economic life, must be approved by the sewer authority.
(P.L. 1988, ch. 479, § 9.1; P.L. 2016, ch. 061, § 1)
Sec. 2.10. - Receipts from user charges and assessments.#
The receipts from user charges and sewer assessments, as provided for in section 9 of this act, should be separately accounted for by the finance director, at the close of each fiscal year the city treasurer shall transfer from such funds to the treasury a sum sufficient to repay the sums appropriated and paid from the treasury during the fiscal year then close on account of the principal and interest of all borrowing for the purpose of this act and for the payment of charges and expenses incident to the operation, maintenance, renewal and replacement fund and repair of said sewage works or to the extension thereof. At the end of a fiscal year, if the finance director determines that the revenues referred to above, as well as prior year fund balances, were not sufficient to cover operation and maintenance costs, renewal and replacement funding, and principal and interest for any bonds or notes issued for sewage works, thereby creating insufficient end-of-year balances, charge shall be adjusted in the next fiscal year to assure sufficient balances in the sewer fund. If the receipts from said charges and assessments amount in any year to more than will be required for the aforesaid purposes, the surplus shall be added to the receipts of the next succeeding year.
(P.L. 1962, ch. 254, § 10; P.L. 1988, ch. 479, § 10; P.L. 1998, ch. 39, § 1 (10); P.L. 2016, ch. 061, § 1)
Sec. 2.11. - Recovery of assessment charge by joint, tenant, tenant in common, etc., and the like, from other tenant.#
Whenever a tenant by the entirety, or a joint tenant, or a tenant in common of any parcel subject to a sewer charge or assessment under this act, shall pay the whole amount of such sewer charge or assessment, such tenant may recover from the other joint tenant, or tenant in common as the case may be, such proportional part of such charge or assessment as the value of the latter's interest in the parcel bears to the aggregate value of such parcel, by proceedings in the superior court for the county of Kent in the nature of an action of account as provided in § 10-2-1 et seq., and in any acts in amendment thereof or in addition thereto, and such action is hereby made available for the purposes of this section. The same shall apply as between a tenant for life or years and the owner of the fee with respect to construction assessments. Whenever the owner of the fee shall pay a user charge, such owner may recover the amount so paid from the tenant in a similar action to the extent is attributable to the period of the tenancy. The provisions of this section shall not be construed to impair any other right of action which the party paying such charge or assessment may have at law or in equity to secure a contribution from the other parties having an interest in the parcel subject to such charge or assessment.
(P.L. 1962, ch. 254, § 11; P.L. 2016, ch. 061, § 1)
Sec. 2.12. - Reserved.#
Editor's note— Section 2 of ch. 061 of the Public Laws of 2016 deleted § 12 in its entirety. Formerly, said section pertained to the appeal of assessment of irregular, unusual land; assessment of lots at intersections of roads and derived from P.L. 1962, ch. 254, § 12; P.L. 1991, ch. 86, § 12.
Sec. 2.13. - Assessments for parcels held by religious corporations, cemeteries.#
All parcels in the city held by religious corporations, and on which are located buildings used solely for the purpose of holding religious services therein, and all parcels in the city held by cemetery corporations and used solely for cemetery purposes, shall be exempt from the payment of any and all sewer assessments for the construction of sewage works made in pursuance of the provisions of this act and according to the sewer authority's rules and regulations, so long as such parcels shall be held and used solely for such purposes; provided, that all such assessments made on such parcels for the construction of sewage works under the provisions of this act shall be and remain a lien on the parcels and the improvements thereon without interest, and the city may enforce for collection of the assessments whenever the parcels or any portion thereof shall be abandoned from the above-listed purposes, in the same manner as other sewer assessments under this act are collected or enforced.
(P.L. 1962, ch. 254, § 13; P.L. 1988, ch. 479, § 13; P.L. 2016, ch. 061, § 1)
Sec. 2.14. - Procedure for taking land.#
The sewer authority, with the advice and consent of the mayor on behalf of the city, may acquire by agreement, purchase, or condemnation such land or right or easement in land as may be necessary for the purposes of this act. Whenever the authority desires to take any such land or right or easement in land by condemnation, it shall file with the city clerk a plat, description, and statement of such land or right or easement in land to be taken and a statement that such land or right or easement in land is taken pursuant to the provisions of this act.
Upon the recording of said plat, description, and statement in the office of the city clerk, the land or right or easement in land defined in such plat, description, and statement to the extent and according to the nature of the interest therein taken, shall vest in the city and shall be subject to the use of the authority for the purposes of this act, and said authority may thereupon enter upon and enjoy the rights, interests, and easements taken as aforesaid; and after the filing of such plat, description, and statement, notice of such taking shall be served upon the owners of and persons having an estate in and interested in such land by any police officer of the city of Warwick leaving a true and attested copy of such description and statement with each of such persons personally, or at their land and usual place of abode in this state with some person living there, and, in case any of such persons are absent from the state and have no land and usual place of abode therein occupied by any person, such copy shall be left with the persons, if any, in charge of, or having possession of, such land of such absent persons, and another copy thereof shall be mailed to the address of such absent persons if the same is known to said officer; and after the filing of such description and statement, the city clerk of said city shall cause a copy of such description and statement to be published in some newspaper or newspapers published or circulated in said city at least twice a week for three successive weeks; and if any party shall agree with said authority for the price of the rights, interests, or easement so taken, the same shall be paid to him forthwith by said authority.
The authority, with the advice and consent of the mayor, shall have general authority to represent the city and to make any agreements for said city under the authority of this section and to do, with the advice and consent of the mayor, any acts or things necessary or incidental to executing settlements and agreements, and shall have authority to agree with the owner for the price of land so taken and the same shall be paid by the city treasurer out of the proceeds of bonds or notes issued hereunder or other funds made available for the purpose, upon vouchers approved by the authority and the finance director.
Any owner of or person entitled to any estate in, or interested in, any part of the land in which such fee, rights, interests or easements are so taken who cannot agree with said city or authority for the price of such fee, rights, interests, or easements so taken in which he/she is interested as aforesaid, may, within one year from the filing of the plat, description, and statement referred to in this section of this act, apply by petition to the superior court in and for the county of Kent, setting forth the taking of such fee, rights, interests, or easements in his land and praying for an assessment of damages by a jury. Upon the filing of said petition, the said court shall cause twenty (20) days' notice of the pendency thereof, to be given to said city by serving the mayor of said city with a certified copy thereof, and may proceed after such notice to the trial thereof; and such trial shall determine all questions of fact relating to the value of such fee, rights, interests or easements and the amount thereof, and judgment shall be entered upon the verdict of such jury and execution shall be issued therefor.
In case any owner of or person having an estate in or interested in such land shall fail to receive personal notice of the taking as aforesaid, and shall fail to file the petition as provided in this section, said court in its discretion may permit the filing of such petition subsequent to said period of one year from the filing of such description and statement; provided, such person shall have no actual knowledge of the taking of such fee, right, interest, or easement in season to file such petition.
If any lands, or any fee, rights, interests, or easements therein, in which any infant or other person not capable in law to act in his own behalf is interested, are taken by said authority under the provisions of this act, said superior court, upon the filing therein of any such petition by or in behalf of such infant or other person, may appoint a guardian ad litem for such infant or other person, and such guardian may appear and be heard in behalf of such infant or other person; and such guardian may also, with the advice and consent of said superior court, may prescribe, release to said city or authority all claims for damages for the fee, rights, interests, or easements in the lands of such infant or other person. Any lawfully appointed, qualified, and acting guardian of the estate of any such infant or other person, with the approval of the court of probate within this state having jurisdiction to authorize the sale of lands within this state of any such infant or person, may, before the filing of any such petition, agree with said authority upon the amount of damages suffered by such infant or other person by any such taking and may, upon receiving such amount, release to said city or authority all claims of damages of such infant or other person for such taking.
Any damages assessed as the result of petition to the superior court shall be paid by the city treasurer from the proceeds of bonds or notes issued hereunder or other funds made available for the purpose upon vouchers approved by the mayor and the authority and finance director; provided, however, that nothing in this act shall authorize the authority to condemn any portion of the land or right-of-way of any railroad, street, railway, or other public service company, except for the purpose of crossing the same below grade and of building and maintaining necessary manholes at such crossing in such manner as not to render unsafe, or to impair the usefulness of such land or right-of-way for railroad or street railway purposes or the purposes of such other public service company. If said authority and such railroad, street, railway, or other public service company are unable to agree as to the method of the construction and maintenance of such sewer and manholes at any such crossing, either party may apply to the division of public utilities for a determination thereof, and, after hearing, such sewer and manholes shall be constructed and maintained in such method and manner as may be ordered by said division. Either party aggrieved by such order of said division may appeal to the supreme court.
Prior to any taking hereunder, the authority shall provide specific funds for payment of compensation, the use of such funds for such purpose shall be a fixed obligation of the city, and, notwithstanding anything to the contrary herein, the full faith and credit of the city shall be deemed pledged to pay such compensation.
(P.L. 1962, ch. 254, § 14; P.L. 1988, ch. 479, § 14; P.L. 1991, ch. 86, § 14; P.L. 2016, ch. 061, § 1)
Sec. 2.15. - Contracts with other municipalities, the state.#
The city, acting by its sewer authority and the mayor, is further authorized to contract with any other city, town, or municipal agency in this state or with the state of Rhode Island, or any quasi-public agency in this state is authorized to contract with the authority, with the advice and consent of the mayor, on such terms as may be mutually agreed upon between them with reference to the construction, maintenance, operation, and the utilization of sewage works belonging to the city and authority or any other city or town or municipal agency in this state and the state of Rhode Island or any quasi-public agency in this state; and the authority with the advice and consent of the mayor may likewise contract with any other city or town or municipal agency or the state of Rhode Island or any quasi-public agency in this state with regard to the disposition of sewage from sewage works belonging to any of said cities or towns or municipal agency or the state of Rhode Island or any quasi-public agency in this state.
(P.L. 1962, ch. 254, § 15; P.L. 1991, ch. 86, § 15; P.L. 2016, ch. 061, § 1)
Sec. 2.16. - Authority to prescribe rules and regulations governing construction, use, discharge of substances, connections, and sewer assessments.#
The sewer authority, after notice and a public hearing, and the advice and consent of the mayor, is authorized, from time to time, to prescribe rules and regulations relative to the regulation of, construction of, use of, discharge of substances into, and connections to the sewage works; assessment of properties abutting a sewer line: determining the method of sewer assessments, and the rate of interest for sewer assessment installment payments. These rules and regulations shall cover the restriction of storm waters; wastes which may or may not be discharged into the sewer system; the requirement for the parcel owner or sewer user to provide protective devices prior to discharge; sampling wells to determine strength of wastes; flow measuring devices; pretreatment facilities; and any other requirement to provide proper protection and control of the use of the sewer system and treatment facilities. Such rules or regulations adopted after a public hearing shall be filed with the city clerk. Any person violating any rule or regulation prescribed by the authority under the authority of this act shall be fined not exceeding five thousand dollars ($5,000) for each violation, and not exceeding five thousand dollars ($5,000) for each additional day that any such violation shall continue, as may be prescribed by the authority, and shall also be liable in an action of the case for all damages caused to the city or to any person by any such violation.
The authority shall establish rules and regulations to allow for temporary hardship waivers for those parcel owners that demonstrate undue hardship as defined in the WSA regulations. The authority shall also establish an incentive program for connecting to the sewer system. The city council may at any time appropriate funds to support these programs.
(P.L. 1962, ch. 254, § 16; P.L. 1988, ch. 479, § 16; P.L. 1991, ch. 86, § 16; P.L. 1998, ch. 39, § 1 (16); P.L. 2016, ch. 061, § 1)
Sec. 2.17. - Authority to order connection to sewer, ordering cesspool, and the like, to be filled up, and the like.#
(a)
The sewer authority, with the advice and consent of the mayor, in the interest of public health and safety is authorized to order any abutting owner or occupant of any parcel whereupon there is a cesspool, privy vault, OWTS, drain, or other arrangement that has failed by the Rhode Island department of environmental management definition upon any street in which there is a sewer, or in which a sewer may hereafter be constructed, to connect the sewage of such premises with such sewer, and to order any owner or occupant to fill up and destroy any cesspool, privy vault, drain, or other arrangement on such parcel for the reception of sewage. Upon the service of any such order, or copy thereof, upon any such owner or occupant, to connect the sewage as aforesaid, or to fill up or destroy any cesspool, privy vault, drain, or other arrangement for the reception of sewage, such owner or occupant shall comply therewith within thirty (30) days from the time of service of such order. In case the owner or occupant to whom any such order is directed shall neglect or refuse to comply therewith within thirty (30) days after the service thereof upon him/her, he/she shall be fined not less than one hundred dollars ($100.00), nor more than five hundred dollars ($500.00), for each subsequent twenty-four (24) hours during which he/she shall neglect or refuse to comply therewith, and in case such neglect or refusal shall continue for sixty (60) days after the service of such an order, the authority may cause such cesspool, privy vault, drain, or other arrangement for the reception of sewage which is the subject of such order to be filled up and destroyed and the sewage from such parcel to be connected with a common sewer. The pendency of any appeal from any such order shall not affect the power of the authority, after the expiration of said period of sixty (60) days, to cause such cesspool, privy vault, or other arrangement for the reception of sewage to be forthwith filled up and destroyed.
Whenever the authority shall cause any cesspool, privy vault, or other arrangement for the reception of sewage to be filled up and destroyed, or the sewage of any parcel to be connected with a common sewer, it shall keep careful account of the cost of such work and of any expense caused the city or authority by reason of the neglect or refusal of the owner or occupant of such parcel to comply with the order of the authority issued as aforesaid, and upon the completion of such work, the authority shall file statement of such cost and expense with the director of finance and thereupon the amount of such cost and expense shall be a lien upon the parcel, including improvements thereon, for which such cost and expense was incurred and the same shall be collected in the same manner as other assessments and charges are collected under this act.
(b)
Any owner of any parcel upon any street in which there is a sewer must connect the sewage of such premises with such sewer and fill up and destroy any cesspool, privy vault, drain, or other arrangement on such parcel for the reception of sewage, excluding any Rhode Island department of environmental management OWTS approved system, prior to the one year anniversary of the sale or transfer in ownership. If such abutting owner or occupant of any parcel who is required to connect to the sewage system fails to do so in the prescribed time period, then such abutting owner or occupant of the parcel shall be required to pay usage fees as if such abutting owner or occupant of the parcel were connected to the sewage system.
(c)
Notwithstanding the provisions of any law, rule, regulation, or agreement to the contrary, an abutting owner or occupant of any parcel upon any street in which there is a common sewer shall not be required to connect to the sewage system, except as provided under subsections (a) or (b) of this section.
(P.L. 1962, ch. 254, § 17; P.L. 1988, ch. 479, § 17; P.L. 1991, ch. 86, § 17; P.L. 2006, ch. 369, § 17; P.L. 2016, ch. 061, § 1)
Sec. 2.18. - Plat of sewer declared public record for assessment purposes.#
Whenever a common sewer is constructed under the provisions of this act, the sewer authority shall cause a plat of the layout of the same, and of the estates abutting upon that portion of the highway in which the sewer is laid, to be filed in the office of the city clerk, which the plats are hereby declared to be public records for the determination of the description of the estate assessed for construction of sewage works.
(P.L. 1962, ch. 254, § 18; P.L. 1988, ch. 479, § 18; P.L. 2016, ch. 061, § 1)
Sec. 2.19. - Sewer board of review; appeals; record of proceedings; organization and procedure.#
There shall be a sewer board of review which shall consist of three (3) members appointed by the Mayor with approval of the city council. The members first appointed shall serve for terms of 1, 2, and 3 years respectively and thereafter one member shall be appointed in each year for a term of three years.
Within 60 days after mailing of notice of an assessment or charge under section 9, or within 30 days after giving or mailing of notice of an order under section 17, any person aggrieved by such assessment, charge, or order may appeal to the sewer board of review.
The sewer board of review shall keep an accurate record of its proceedings which shall be available for public inspection.
The board shall review the authority's decision to ensure that the authority's decision complies with the provisions of this act and the rules and regulations promulgated thereunder. If the board determines that an assessment, charge, or order was made in violation of the express provisions of this act, either in whole or in part, it shall annul or modify the same and make such order as justice may require. Otherwise, it shall affirm the same. Within 30 days after the decision of the sewer board of review, any party aggrieved, including the sewer authority, may appeal to the superior court.
The city council shall provide, by ordinance, for the organization of procedure of the sewer board of review.
(P.L. 1962, ch. 254, § 19; P.L. 2016, ch. 061, § 1)
Cross reference— For salary of members of sewer board of review, see § 64-5 of the Code of Ordinances.
Secs. 2.20, 2.21. - Reserved.#
Editor's note— Section 1 of ch. 39 of the Public Laws of 1998 deleted §§ 2.20 and 2.21 in their entirety. Formerly, said sections pertained to submission of question of authority to issue sewer bonds to the voters; and duties of secretary of state with regard to election on bond authorization, and derived from P.L. 1962, ch. 254, § 21; and P.L. 1962, ch. 258, § 1.
Sec. 2.22. - Use of federal, other aid.#
The sewer authority of the city, by the vote of its members, may vote to accept and use, in connection with the construction of the sewage works authorized by this act, any funds from the United States of America or aid in any form under any and all acts and joint resolutions of Congress already enacted or which may be enacted, and upon such terms and conditions as may be required by the proper federal authorities.
(P.L. 1962, ch. 254, § 22; P.L. 2016, ch. 061, § 1)
Sec. 2.23. - Severability.#
If any part, clause, division or section of this act shall be declared unconstitutional, the validity of its remaining provisions shall not be affected thereby.
(P.L. 1962, ch. 254, § 23)
Sec. 2.24. - Effect on power of city to incur indebtedness.#
This act shall not affect any other power which the city may have under any other provisions of law to incur indebtedness.
(P.L. 1962, ch. 254, § 24)
Sec. 2.25. - Reserved.#
Editor's note— Section 1 of ch. 39 of the Public Laws of 1998 deleted § 2.25 in its entirety. Formerly, said section pertained to the effective date of the act, and derived from P.L. 1962, ch. 254, § 25; and P.L. 1988, ch. 479, § 25.
Sec. 2.25.1. - Public hearings.#
The authority shall be required to hold public hearings for various reasons including, but not limited to, proposed annual budgets, rate increases, and for the adoption of rules and regulations. The authority shall develop regulations for public hearings to include notice requirements, distribution of associated documents, and response to substantive and relevant comments from the public.
(P.L. 2016, ch. 061, § 3)
Sec. 2.25.2. - Compliance with general laws.#
The authority shall comply with chapter 22.2 of title 45 (Rhode Island Comprehensive Planning and Land Use Act).
(P.L. 2016, ch. 061, § 3)
ARTICLE II. - INDUSTRIAL WASTE PRE-TREATMENT PROGRAM#
Sec. 2.26. - General.#
The city sewer authority and/or its duly designated representatives shall have all powers necessary to implement a program for the pretreatment of waste by industrial users of the city treatment facilities, and without limiting the generality of the foregoing, all power necessary to meet the requirements for an industrial waste pretreatment program mandated by any federal or state law, rule or regulation.
(P.L. 1983, ch. 13, § I)
Sec. 2.27. - Authority to promulgate regulations.#
The city sewer authority shall have authority to promulgate all regulations necessary to implement an industrial waste pretreatment program. Said regulation may be applicable to all industrial users of the system whether or not they are residents of the city and to all residents of the city. Such regulations may include but need not be limited to regulations which: 1.
Prohibit or limit users from discharge of substances to the facility where such substances interfere with the operation of the treatment works, may pass through treatment works or otherwise be incompatible with the treatment works.
2.
Require industrial users to monitor waste at the user's point of discharge, which monitoring shall include as a minimum: user identifying information, description of operations flow measurement, measurements of pollutants and other information reasonable required by the regulations. Said regulations may require that the results of self-monitoring, which shall be submitted periodically, be reviewed by a representative of the user and certified by a qualified professional indicating whether pretreatment standards (imposed by the city regulations and/or other state and federal laws or regulations) are being met.
3.
Establish categorical standard for discharge of pollutants by industrial users.
4.
Establish a system of inspection, monitoring, sampling and analyzing industrial users' discharge at the point of discharge independent of the information supplied by the industrial users.
5.
Establish fees for the cost of the industrial waste pretreatment program, which cost the authority, in its discretion, may determine by regulation shall be borne either by all industrial users equitably, by industrial users in proportion to the amount and type of discharge, by users of the treatment works generally or in any other manner deemed appropriate by the authority.
6.
Establish a system of permits and/or contracts between the authority and industrial users prohibiting or limiting the amounts and forms of pollutants or other substances to be discharged. Said permits and/or contracts may be made specifically enforceable in federal court or the county superior court.
7.
Establish a system for the development of compliance schedules for each industrial user and require submission of base-line data from each industrial user.
8.
Establish procedures for notice and hearing deemed by the authority necessary to afford due process to industrial users.
(P.L. 1983, ch. 13, § II)
Sec. 2.28. - Enforcement powers.#
The city of sewer authority shall have authority to seek legal or equitable relief in the federal court or in the county superior court, to enforce the requirements of Section 307(b) and (c) and Section 902(B) of the Federal Water Pollution Control Act, also known as the Clean Water Act and any regulations implementing those section or authorized by this Act. The city sewer authority shall also be enabled to: 1.
Deny or condition new or increased contributions of pollutants or changes in the nature of pollutants to the sewage treatment works where such contributions do not meet applicable pretreatment standards and requirements or where such contribution would cause the sewer authority to violate any state or federal permit.
2.
Require compliance with applicable pretreatment standards and requirements by industrial users and issue orders to industrial users including orders to cease and desist discharging into the treatment works.
3.
Control through permit, contract, order or similar means the contribution to the sewage works by each industrial user to ensure compliance with applicable pretreatment standards and requirements.
4.
Require (a) the development of a compliance schedule for the installation of technology required to meet pretreatment standards and requirements and (b) the submission of all notices and self monitoring reports as are necessary to assess and assure compliance by industrial users.
5.
Carry out all inspections, surveillance and monitoring procedures necessary to determine, independent of information supplied by industrial users, compliance or non-compliance with applicable pretreatment standards. Representatives of the authority shall be authorized to enter any premises of an industrial user.
6.
Obtain remedies for noncompliance by any industrial user with any pretreatment standard and requirement including injunction, which relief shall be granted where any duty to report or permit inspection is violated or where there has been non-compliance with a permit or contract between the industrial user and the authority or violation of any regulation or order of the authority.
7.
In any instances of violation of any regulation of the city sewer authority, adopted under the authority of this chapter or of any permit condition or order, the city sewer authority through its authorized representatives, shall have the power to order the violation to cease and desist, to remedy such violations and to impose administrative penalties not to exceed the civil penalty specified in section 2.28 of this chapter, as amended. Such orders and administrative penalties shall be subject to judicial review in accordance with Chapter 42-35 of the General Laws. The county superior court shall have jurisdiction to enforce such orders and administrative penalties.
8.
Enter into consent orders, assurances of voluntary compliance, or similar documents establishing an agreement with the industrial user responsible for the non-compliance.
(P.L. 1983, ch. 13, § III; P.L. 1991, ch. 86, § I)
Sec. 2.29. - Penalties.#
Any industrial user which shall fail to comply with any of the regulations enacted by the authority, shall fail to comply with a requirement of a permit issued by the authority, or shall fail to comply with any order duly made by the authority pursuant to its regulations, shall be subject to a penalty of five thousand dollars ($5,000.00) per day for each day of non-compliance which penalty may be recovered in a civil action brought by the authority in the county superior court. This right of the authority to seek civil penalties shall be in addition to the right of the sewer authority to seek injunctive relief. In addition, any industrial user shall be liable for any damages and costs caused by non-compliance and shall be liable for reasonable attorney fees of the authority seeking compliance, penalties or damages.
(P.L. 1983, ch. 13, § IV; P.L. 1991, ch. 86, § II)
Sec. 2.30. - Severability.#
If any section, phrase, clause, sentence or paragraph of this Act or any regulation enacted pursuant to this Act shall be declared unconstitutional or otherwise invalid, such invalidity shall not affect the remaining portions of the Act or regulations.
(P.L. 1983, ch. 13, § V)
Sec. 2.31. - Additional authority.#
The authority granted to the city sewer authority shall be in addition to any other authority heretofore granted to said authority.
(P.L. 1983, ch. 13, § VI)
Sec. 2.32. - Collection.#
Any fees, charges, costs, or administrative penalties shall be paid by the industrial user within the time frame prescribed by the city of sewer authority. The city sewer authority may collect the fees, charges, costs, and administrative penalties in the same manner in which taxes are collected by the city pursuant to Chapter 44-9 of the General Laws. All unpaid fees, charges, costs, and administrative penalties shall be a lien upon the personal property and real estate of the industrial user and a lien upon the real estate from which the waste is being discharged by the industrial user.
(P.L. 1991, ch. 86, § III)
Sec. 2.33. - Criminal penalties.#
Any person who shall be found guilty of violating, wilfully or with criminal negligence, any of the provisions of the city sewer authority regulations adopted pursuant to this chapter, or of any permit, rule or regulation issued pursuant thereto, or an order of the city sewer authority, shall be punished by a fine not exceeding one thousand dollars ($1,000.00) dollars or by imprisonment not exceeding thirty (30) days, or by both such fine or imprisonment; and every person shall be deemed guilty of a separate and distinct offense for each day during which such violation shall be repeated or continued. Said criminal penalties shall be in addition to any civil or administrative penalties set forth in section 2.32 of this chapter, as amended. Any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan or other document filed or required to be maintained under the ordinance adopted pursuant to this chapter, or by any permit rule, regulation, or order issued under such ordinance, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring devise or method required to be maintained under such ordinance or by any permit, rule, regulation, or order issued under such ordinance, shall upon conviction be punished by a fine of not more than five thousand dollars ($5,000) for each instance of violation. Said criminal penalties shall be in addition to any civil or administrative penalties set forth in section 2.32 of this chapter, as amended.
Every offense punishable by this section shall be prosecuted by the authority for the city sewer authority or a solicitor for the city and shall be triable in the Third Division District Court.
(P.L. 1991, ch. 86, § IV)