[HISTORY: Adopted by the Town Council of the Town of Johnston 6-8-2009 by Ord. No.
2009-8.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 118.
Development impact fees — See Ch. 149.
Excavations — See Ch. 161.
Housing standards — See Ch. 194.
Plumbing — See Ch. 252.
Soil erosion and sediment control — See Ch. 291.
Stormwater management — See Ch. 298.
Subdivision of land — See Ch. 303.
Wastewater management — See Ch. 332.
Water — See Ch. 335.
Zoning — See Ch. 340.
[1]
Editor's Note: This ordinance also repealed former Ch.
279, Sewers, adopted 12-10-1979 by Ord. No. 440 as Secs. 22A-1 to
22A-80 of the 1979 Code, as amended.
The purpose for this chapter is to protect the public health,
safety and general welfare of the public; by regulating the construction,
use and maintenance of the sewer system in the Town. The Town shall
have the authority, pursuant to state law and subject to applicable
rules and regulations of the Narragansett Bay Commission, state and
federal government, to operate, maintain, extend and improve a wastewater
collection system within the Town of Johnston. The Town, through the
Director of Public Works, and the Narragansett Bay Commission shall
exercise the powers of the Town in relation to all matters pertaining
to sewers in the Town as set forth in this Ordinance and in applicable
state law and the Narragansett Bay Commission's "Rules and Regulations
for Use of Wastewater Facilities Within the Narragansett Bay Commission
District."
Unless the context specifically indicates otherwise, the meaning
of terms used in this chapter shall be as follows:
The Federal Water Pollution Control Act, also known as the
Clean Water Act, as amended, 33 U.S.C. § 1251 et seq.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure of five days,
at 20° C. expressed in terms of weight and concentration (milligrams
per liter).
That part of the lowest horizontal piping within a building
that carries water, wastewater or stormwater to a building sewer.
The extension from the building drain or other place of disposal
to the sewer main.
National Categorical Pretreatment Standards, or pretreatment
standards.
The equipment, pipes, structures, and processes used for
the collection, transportation, and pumping of sewage.
BOD, suspended solids, pH, and fecal coliform bacteria, and
such additional pollutants as may be specified by the Town or the
NBC.
The water discharged from any use such as air conditioning,
cooling or refrigeration, during which the only pollutant added to
the water is heat.
An individual or group of individuals who are responsible
for bringing a project through the development review process and
the infrastructure construction. If the developer is not the owner,
it must submit evidence that it is acting on behalf of the owner.
The Director of Public Works of the Town, or an authorized
agent or representative thereof.
Liquid wastes a) from the noncommercial preparation, cooking,
and handling of food or b) containing human excrement and similar
matter from the sanitary conveniences of dwellings, commercial buildings,
industrial facilities, and institutions. It shall not contain groundwater,
storm water, surface water, cooling water, or industrial process wastewater.
A house, an apartment, a group of rooms, or a single room
occupied or intended for occupancy as separate living quarters. Separate
living quarters are those in which the occupants have either:
Chapter 84 of the Public Laws of Rhode Island, 1973, as amended.
For assessment purposes, a unit whose wastewater flows are
equal to 345 gallons per day. The basis by which projected daily wastewater
flows will be determined is based upon current RIDEM-published Onsite
Wastewater Treatment Systems (OWTS) (formerly ISDS) values per establishment.
For flow wastewater volumes not stated in the OWTS regulations, standard
engineering values will be used.
Oil, fat, or grease in a physical state such that it will
separate by gravity from wastewater by treatment in an approved pretreatment
facility. A wastewater shall be considered free of floatable oil if
it is properly pretreated prior to entry into the sewage facilities
and does not interfere with the sewage facilities.
Solid wastes from domestic and commercial preparation, cooking
and dispensing of food and from the handling, storage, and sale of
food.
Any pollutant that is not a "compatible pollutant" as defined
in this section.
The liquid wastes resulting from the processes employed in
industrial, manufacturing, trade, or business establishments, as distinct
from domestic wastes.
Waste that contains pathogens with sufficient virulence and
quantity so that exposure to the waste by a susceptible host could
result in disease. Under this definition, the normal microflora of
the body are not classified as infectious. Categories of waste designated
as infectious are as follows:
"Human blood, body fluids, and blood products" means all waste
human blood, blood products (such as serum, plasma, and other blood
components) and body fluids (such as suction fluid and wound drainage)
which exist in nonabsorbed liquid form in more than trace quantities.
"Contaminated sharps" consists of discarded sharps, e.g., hypodermic
needles, syringes, pasteur pipettes, broken glass and scalpel blades
which may have come into contact with infectious agents during use
in patient care or in medical research or have been removed from their
original sterile container.
"Contaminated animal carcasses, body parts, and bedding" refers
to carcasses, body parts, and bedding of animals that were exposed
to pathogens in research and in the production of (or in vivo production
of) pharmaceuticals.
"Discarded cultures and stocks of infectious agents and associated
biological" constitute infectious wastes because pathogenic organisms
are present at high concentration in these materials. Included in
this category are wastes from the production of biological and discarded
live and attenuated vaccines from pathological laboratories and pharmaceutical
companies, wastes from the production of biological and discarded
live and attenuated vaccines. Also, culture dishes and devices used
to transfer, inoculate and mix cultures shall be designated as infectious
waste.
"Pathological waste" consists of tissues, organs or body parts,
removed during surgery and autopsy.
Any method, technique, or process designed to eliminate the
infectious hazard, i.e., to change the biological character or composition
of waste so as to remove any disease-causing potential and to render
such waste noninfectious by killing the infectious agents present
in the waste.
A sewer that receives sewage flow from a number of main sewers
and conducts such flow to a point for treatment.
The extension from the building drain, floor drain and sump
pump which discharges into a main or other sewer and has no other
common sewer tributary.
See "shall."
The Narragansett Bay Commission.
A system approved by the Rhode Island Department of Environmental
Management which provides sanitary sewage disposal by means other
than discharge into a public sewer.
The Sewer Ordinance of the Town of Johnston, Chapter 279 of the Town Code of Ordinances.
[Amended 9-12-2011 by Ord. No. 2011-13]
Any person who alone, or jointly:
Shall include an individual, trust, firm, joint-stock company,
corporation (including a quasi-government corporation), partnership,
association, syndicate, municipality, municipal or state agency, fire
district, club, nonprofit agency or any subdivision, commission, department,
bureau, agency or Department of State of federal government (including
quasi-government corporation) or of any interstate body.
The logarithm of the reciprocal of the concentration of hydrogen
ions in gram moles per liter.
The Plumbing Inspector of the Town.
Water containing man-made or man-induced alterations to its
chemical, physical, biological or radiological integrity of water.
The reduction of the amount of pollutants, the elimination
of pollutants, or the alteration of the nature of pollutant properties
in wastewater to a less harmful state prior to or in lieu of discharging
or otherwise introducing such pollutants into a water pollution control
facility. The reduction or alteration can be obtained by physical,
chemical, or biological processes, except as prohibited by Title 40,
Code of Federal Regulations, Section 403.6(d), or as may be amended
from time to time.
The representative of the Narragansett Bay Commission (NBC)
who is responsible for administrating the Rules and Regulations regarding
commercial and industrial users within the Town of Johnston.
All applicable federal rules and regulations implementing
Section 403 of the Act, as well as any nonconflicting state or local
standards. In cases of conflicting standards or regulations, the more
stringent thereof shall be applied.
A pump station, collection system and/or wastewater treatment
facility owned by a user or an individual or association that is connected
to a publicly owned wastewater treatment or collection system.
The wastes from the preparation, cooking and dispensing of
food that have been shredded to such a degree that all particles will
be carried freely under the flow conditions normally prevailing in
the public sewers, with no particle greater than one-half (1/2) inch
(1.27 centimeters) in any dimension.
The facility defined by Section 212 of the Federal Water
Pollution Control Act,[1] owned by the Town and/or the Narragansett Bay Commission,
including any devices and systems used in the storage, treatment,
recycling and reclamation of municipal sewage and industrial waste.
The systems include sewers, pipes and equipment used to carry wastewater
to the Treatment Facility.
A sewer in which all owners of abutting properties have equal
rights and that is controlled by public authority.
The Rhode Island system for issuing, modifying, revoking
and reissuing, terminating, monitoring and enforcing discharge permits
and imposing and enforcing pretreatment requirements pursuant to Title
46, Chapter 12, of the General Laws of Rhode Island[2] and the Federal Water Pollution Control Act, 33 U.S.C.
§ 1342.
A sewer that carries sewage and to which storm, surface,
and ground waters are not intentionally admitted.
The wastewater or waste solids from a domestic on-site wastewater
treatment system.
A combination of the water-carried wastes from residences,
business buildings, and industrial establishments.
A pipe or conduit for carrying sewage.
Is mandatory; "may" is permissive.
Any industrial user that is classified under any of the following:
Industrial user subject to categorical pretreatment standards;
Any other industrial user that:
Discharges an average of 5,000 gpd or more of process wastewater;
or
Contributes a process waste stream which makes up 5% or more
of the average dry weather hydraulic or organic capacity of the NBC's
treatment plant; or
Is designated as significant by the NBC on the basis that the
user has a reasonable potential for adversely affecting the POTW's
operation or for violating any pretreatment standard or requirement.
Any discharge of water, sewage, or industrial waste which
in concentration of any given constituent or in quantity of flow exceeds
for any period of duration longer than 15 minutes more than five times
the average twenty-four-hour concentration of flows during normal
operation.
A pipe or conduit that carries storm and surface waters and
drainage, but excludes sewage and industrial wastes, other than unpolluted
cooling water.
Any flow occurring during or immediately following any form
of natural precipitation and resulting therefrom.
The total suspended matter that floats on the surface of,
or is suspended in, wastewater or other liquids, and that is removable
by laboratory filtering.
The Town of Johnston, Rhode Island, or duly appointed representatives
thereof.
Any substance listed as toxic under Section 307(a)(1) of
the Clean Water Act, as amended, 33 U.S.C. § 1251 et seq.,
listed under the Hazardous Substances Right-to-Know Act, R.I.G.L.
§ 28-21-1 et seq., or as may otherwise be designated by
the Town.
Water not containing any pollutants limited or prohibited
by the effluent standards in effect, or water whose discharge will
not cause any violation of receiving water quality standards.
Any person who discharges or causes or permits the discharge
of wastewater into the Town's wastewater treatment system.
A classification of user based on the 1972 (or subsequent)
edition of the Standard Industrial Classification (SIC) manual prepared
by the Office of Management and Budget.
The liquid and water-carried industrial or domestic wastes
from dwellings, commercial buildings, industrial facilities, and institutions,
together with any groundwater, surface water, and stormwater that
may be present, whether treated or untreated, which is discharged
into or permitted to enter the Town's wastewater treatment system.
Any devices, facilities, structures, equipment or works owned
or used by the Town for the purpose of the transmission, storage,
treatment, recycling, and reclamation of industrial and domestic wastes,
or necessary to recycle or reuse water at the most economical cost
over the estimated life of the system, including intercepting sewer,
outfall sewers, sewage collection systems, pumping, power, and other
equipment and their appurtenances, extensions, improvements, remodeling,
additions, and alterations thereof; elements essential to provide
a reliable recycled supply such as standby treatment units and clear
well facilities; and any work, including site acquisition of the land,
that will be an integral part of the treatment process or is used
for ultimate disposal of residues from such treatment.
The point at which the individual lateral sewer connects
into the main sewer line (sometimes referred to as the chimney connection).
Where a public sanitary sewer is not available, the building
sewer shall be connected to an OWTS complying with the requirements
of the Town and the State of Rhode Island Department of Environmental
Management (DEM). The OWTS must conform to Chapter 332, Wastewater
Management, of the Johnston Code of Ordinances.
A.
Required installation of toilet facilities. The owner(s) of all houses,
buildings, or properties used for human occupancy, employment, or
recreation situated within the Town and abutting on any street, alley,
right-of-way or easement in which there is now located or may in the
future be located a public sanitary sewer is hereby required to install
suitable toilet and waste removal facilities therein, at his expense,
and to connect such facilities directly with the proper public sewer
in accordance with the provisions of this article, provided that the
public sewer is determined by the Director to be accessible and contain
adequate capacity to serve said property.
B.
Sewer improvement charge. The owner(s) of all property situated within the Town and abutting on any street, alley, right-of-way, or easement in which there is now located or may in the future be located an accessible and available public sanitary sewer must, before such property is improved, pay a sewer assessment as set forth in § 279-13, Sewer assessment. For purposes of this section, property shall be deemed improved whenever, after an assessment has been levied on it, any new structure containing waste removal facilities and used for any of the purposes set forth in the Narragansett Bay Commission's "Rules and Regulations for Use of Wastewater Facilities Within the Narragansett Bay Commission District, as amended" is constructed or whenever any existing structure is converted for use for any of those purposes or there is a substantial increase, as determined by the Director, in the number of equivalent dwelling units of sewage to be discharged from the structure(s) to be constructed or converted.
Prohibitions on wastewater discharges. Refer to the Narragansett
Bay Commission's Rules and Regulations, as amended.
A.
General requirements. The following general requirements shall be
applicable for all existing and proposed users of the wastewater collection
system:
(1)
It shall be unlawful for any person to connect, permit the connection
of, or authorize the connection of any sewer lateral to the wastewater
collection system without obtaining a sewer permit from the Town and
the Narragansett Bay Commission.
(2)
No building permit for the construction or alteration of any building
or structure which requires a sewer connection shall be issued unless
the owner of the property on which such building or structure is to
be situated has obtained a sewer permit.
(3)
No permit shall be issued until the applicant has presented proof
satisfactory to the Director that the applicant is current on all
taxes and has either made application for a building permit or notified
the Building Official's office of the proposed change in use
or occupancy, in accordance with the Town's Zoning Ordinance.[1]
(4)
Sewer permits shall be issued on a first-come-first-served basis.
(5)
The owner of any sewer lateral that was connected without a sewer permit or that was connected as a result of any false statement, misrepresentation or nondisclosure on the application therefor or which was connected through any means which circumvented the limitations created by this article shall be fined in accordance with § 279-17, Violations and penalties, and must obtain a valid permit.
(6)
Any user violating any provision of this Ordinance shall be fined in accordance with § 279-17, Violations and penalties.
(7)
No licensed drain layer or master plumber shall have more than five
permits outstanding at any time.
B.
Classes of permits; applications.
(1)
There shall be two classes of lateral sewer permits: a) for residential
services, and b) for commercial and industrial services. Any person
proposing a new discharge into the system or a substantial change
in the volume or character of wastewater being discharged into the
system shall notify the Director and NBC at least 30 days prior to
the proposed change or connection.
(2)
The permit application shall be supplemented by any plans, specifications,
or other information considered pertinent in the judgment of the Director
and/or NBC. A permit fee for each user class shall be adopted by the
Director from time to time. The fee shall be paid to the Town at the
time the application is filed.
C.
Drain laying permit.
(1)
Building sewers and connections shall be made only by drain layers
licensed to perform such work in the Town of Johnston and/or master
plumbers licensed by the State of Rhode Island in accordance with
the Standard Sewer Requirements. Notice must be left at the Water/Sewer
office at least 48 hours before work is begun on a connection, and
no material shall be used or work covered until inspected and approved
by the Town, the Director or his agent. Such information as the Town
has with regards to the position of junctions or branches will be
furnished to drain layers but at their risk as to the accuracy of
the same.
(2)
Drain layers shall complete and file application for sewers in the
name of the owner, obtain the owner's signature thereon, pay
the permit and inspection fee, and complete the location plan.
(3)
Drain layers and master plumbers within the State of Rhode Island
doing work in the Town shall maintain minimum insurance coverages
as outlined in Exhibit A for Public Liability and Property Damage
Liability. The certificate of insurance shall be provided annually
at the time of renewal.
(5)
Master plumbers within the State of Rhode Island must complete the
requirements for application for licenses and pay all fees to be a
licensed drain layer in the Town of Johnston.
D.
Director of Public Works' power to adopt rules and regulations.
The Director is hereby empowered to:
(1)
Make and adopt such written rules and regulations as may be necessary
for proper enforcement of the provisions of this article;
(2)
Establish a procedure for the application and issuance of permits
to make sewer connections;
(3)
Adopt materials and workmanship standards;
(4)
Protect and indemnify the Town from damage and loss; and
(5)
Interpret and secure the intent of this chapter.
E.
Permit applications. Prior to connecting and/or contributing to the
wastewater collection system, all users shall apply for a sewer permit
from the Town and the NBC.
(1)
Significant industrial user. Users classified as significant industrial
users shall be required to obtain an industrial user permit from the
Narragansett Bay Commission's Industrial Pretreatment Program.
(2)
Commercial users. Commercial users must apply for a sewer permit
and shall be required, when necessary, to install pretreatment apparatus,
including but not limited to grease traps, oil separators, silver
reclamation units and pH adjustment systems, and they shall be required
to obtain a permit from the Narragansett Bay Commission's Industrial
Pretreatment Program.
F.
Cost of lateral sewers (building sewers). All costs and expenses
incident to the installation and connection of the lateral sewer shall
be borne by the owner. The owner shall indemnify the Town for any
loss or damage that may be occasioned, directly or indirectly, by
the installation of the lateral sewer.
G.
Permit transfer. Sewer permits are issued to a specific user for
a specific operation. A sewer permit shall not be reassigned or transferred
or sold to a new owner, a new user, different premises, or a new or
changed operation.
H.
Number of lateral sewers. A separate and independent building sewer
shall be provided for every building, unless otherwise authorized
by the Director.
I.
Plugging required. Upon the permanent discontinuance of the use of the Town's sewer system at any premises, including discontinuance caused by the abandonment of any premises, the demolition of any building or any other cause, the property owner shall cause the connection to the sewer main of the Town to be plugged in a manner which will be strong enough to prevent any leakage of any fluids. All such plugging shall be subject to inspection and approval by the Town, provided that no permit fee, inspection fee or other fee shall be charged for such inspection. If the owner of the property fails to plug the sewer connection in a satisfactory manner within 30 days of the time the owner is notified in writing by the Town to plug the sewer lateral, the Town shall proceed to plug the sewer lateral and bill the owner for the costs. The cost may be collected by the Town and a civil action filed in court. The collection of the costs in a civil action shall not prevent the filing of an action for a fine for the violation of this chapter. Any user violating the provisions of this section shall be fined in accordance with § 279-17, Violations and Penalties.
J.
The Town shall be responsible for all main sewer lines. The property
owner shall, at their expense, be responsible for the repair and maintenance
of the lateral sewer line and building drain from the building to
the main line, including the "Y" connection, "T" connection and any
shielded flexible rubber transition coupling as approved by the Department
of Public Works.
[Amended 3-12-2018 by Ord. No.
2018-5]
K.
No permit will be issued where an easement is involved unless the
easement has been recorded with the Town Clerk's office and all
plans have been approved by the Director.
A.
General. All construction procedures, materials and specifications
shall conform with the "Standard Sewer Requirements of the Town of
Johnston," the Narragansett Bay Commission's "Rules and Regulations
for Use of Wastewater Facilities Within the Narragansett Bay Commission
District, as amended," and all applicable federal, state, and Town
building and plumbing codes. Any deviations from these prescribed
procedures and materials must be approved by the Director before installation.
B.
Location plans. Accompanying each application for permit shall be
a location plan showing the lot lines and dimensions, location of
wells, water pipes, gas lines, buried cable, location of permanent
buildings and location of building sewers and storm drains. The plans
must be approved and stamped by a registered professional engineer
or registered land surveyor, as may be required.
C.
Use of existing lateral sewers. Existing lateral sewers may be used
in connection with new buildings only when the applicant provides
adequate data to the Director that shows that the building sewer has
been examined, tested and meets all requirements of this section.
D.
Size, slope, alignment, etc. The size, slope, alignment, materials
of construction of a building sewer, and the methods to be used in
excavating, placing the pipe, jointing, testing and backfilling the
trench shall all conform to the requirements of the building and plumbing
code or other applicable rules and regulations of the Town. All connections
are to be made gastight and watertight in conformance with all state
and local plumbing codes.
E.
Elevation. In all buildings in which any building drain is too low
to permit gravity flow to the public sewer, sanitary sewage carried
by such building drain shall be lifted by an approved means and discharged
to the public sewer.
F.
Connection of roof downspouts, floor drains, sump pumps, areaway
drains, etc. No person shall make connections of roof downspouts,
exterior foundation drains, areaway drains, or other surface runoff
or groundwater to a building sewer or building drain, which in turn
is connected directly or indirectly to a public sanitary sewer.
G.
Pipe size. Unless excepted below, all lateral sewer pipes shall have
a minimum diameter of eight inches.
H.
Abandoning and filling when public sewer becomes available. Upon
connection to the public sewers, any septic tanks, cesspools, or similar
private sewage disposal facilities shall be cleaned of sludge and
filled with clean sand or gravel.
I.
Lint traps: must comply with the Narragansett Bay Commission's
Rules and Regulations, as amended.
J.
Grease, oil and solids interceptors: must comply with the Narragansett
Bay Commission's Rules and Regulations, as amended.
K.
Cleanouts. Cleanouts shall be installed at the property line, at
every fitting over 22 1/2° and at seventy-five-foot intervals
up to 150 feet. Service connections that are longer than 150 feet
shall have sanitary manholes installed at a location(s) as directed
by the Director.
L.
Backflow valves.
(1)
One backflow valve per unit shall be installed prior to connection
to the Town's sewer system for all residential and multi-unit
dwellings. The backflow valve shall be installed by the owner at the
owner's expense and shall be maintained by the owner so as to
be safe and accessible at all times. The quantity of backflow valves
necessary for commercial and industrial establishments must be submitted
to and approved by the Director prior to installation.
(2)
Existing single-family, multiunit, commercial, and/or industrial
buildings connected to the municipal sewer system which have one or
more plumbing fixtures or drains installed where the overflow rim
is below the next upstream manhole in the public sewer must install
and maintain, at the owner's expense, one of the following:
M.
Road opening permit. The contractor shall obtain a road opening permit
from the Department of Public Works and pay all related fees and provide
proper bonding.
N.
Testing. The Director shall require appropriate tests to the pipes,
and the drain layer and contractor, at their own expense, shall furnish
all necessary tools, labor, materials, and assistance for such tests
and shall remove or repair any defective materials when so ordered
by the Director.
O.
Guarding of excavation; restoration of streets and sidewalks. All
excavations for lateral sewer installation shall be adequately guarded
with barricades and lights so as to protect the public from hazard.
Streets, sidewalks, parkways, and other public property disturbed
in the course of work shall be restored in a manner satisfactory to
the Town.
P.
Crossing roads, driveways, etc. The contractor shall not block any
driveway, street, road or railroad at any time without permission
of the Director of Public Works or other controlling agencies. Every
effort shall be made to permit the movement of vehicular traffic at
all times. Whenever it becomes necessary to cross or interfere with
roads, walks or drives, whether public or private, the contractor
shall maintain, at his own expense, and subject to the approval of
the Director, safe bridges or other means of egress.
Q.
Excavation and repaving. No person shall open any road, street or highway in the Town for the purpose of installing sewer lines without first receiving a permit and complying with all of the criteria required by the Code of Ordinances of the Town of Johnston. Failure to comply with these regulations shall be deemed a violation of this Code. Any person or persons guilty of said violation shall be liable for a fine as specified in § 279-17, Violations and penalties.
R.
Low pressure grinder pumps. Low-pressure grinder pumps shall be manufactured
by Environment One, or approved equal. The unit shall consist of a
grinder pump, level controls, siphon breaker, check valve and seventy-gallon
high-density polyethylene tank. The unit shall be equipped with an
electrical quick-disconnect plug, a discharge line shutoff valve and
a quick-disconnect assembly. The alarm/disconnect panel shall contain
circuit breakers, an audible and visual alarm transfer switch and
generator receptacle. A second check valve shall be provided at the
curb stop.
S.
Privately owned wastewater treatment facilities. Privately owned
and operated pump stations and collection systems connected to the
Town of Johnston's wastewater collection system must adhere to
the following:
(1)
Owners of privately-owned wastewater treatment facilities shall maintain
the system in good working order. Proper operation and maintenance
shall include, but not be limited to, effective performance based
on facility design, adequate operator staffing and training, and adequate
laboratory and process controls, including quality assurance procedures
as determined to be appropriate by the Town and backup or auxiliary
facilities or similar systems to assure compliance or effective performance.
Proper operation and maintenance must include emergency procedures
and reporting requirements in case of power outages, natural disaster,
labor shortage (whether the result of intentional work stoppages or
epidemic), equipment failure, acts of terrorism/vandalism or sanitary
sewer overflow. Reporting requirements shall include verbal notification
to the Director and the Rhode Island Department of Environmental Management
(RIDEM) as soon as possible, but not exceeding 24 hours of discovery
of the event, and a written report must be submitted to the Director
and RIDEM not more than five business days of the event's ending.
(2)
The owner shall submit, for review and approval by the Town's
Public Works Director, an operations and maintenance manual describing
standards and procedures by which the wastewater treatment facilities,
pump station(s) and/or collection system(s) will be staffed, operated
and maintained during normal and emergency conditions. Should development
of the plan include the practice of engineering, the plan must be
prepared and certified by a registered professional engineer (registered
in the State of Rhode Island).
(3)
The owner shall pay an annual permit fee for the operation of the
facilities. The fee shall be adopted by the Town from time to time.
In addition, the owner may be required to pay an annual permit fee
to the NBC.
(4)
The owner is required to conduct (at a minimum) monthly inspections
of the pump station. The inspection reports shall be forwarded to
the Director within three business days after the inspection. At a
minimum, the inspection report shall provide the name of the individual
or firm performing the inspection, hours of operation for each pump,
generator run time, summary of alarms, any maintenance undertaken
during that month, condition of the station, and recommendations.
(5)
The operations and maintenance plan shall include, but not be limited
to, the following elements:
(a)
Describe the detailed operating procedures for the pump station(s)
and collection system;
(b)
Provide a preventative maintenance plan for the pump station;
(c)
Provide staffing requirements;
(d)
Provide a list of material suppliers and essential spare parts
necessary to be kept on site for normal and emergency conditions;
(e)
Provide operating procedures for the emergency generator and
automatic transfer switch;
(f)
Provide a spill prevention plan;
(g)
Provide a description of the auxiliary system, such as water,
heating and ventilation, sump pump and dehumidifying;
(h)
Provide a description of the alarm system and response procedures;
(i)
Provide names, addresses and telephone numbers of all emergency
contacts, facility owners and facility operators;
(j)
Provide a list of subcontractors that are on call for emergency
equipment rental (i.e., septage hauler, portable pump or generator);
(k)
Provide emergency procedures and reporting requirements in case
of power outages, natural disasters, equipment failure, acts of vandalism,
or sanitary sewer overflow;
(l)
Provide a description of the means of recordkeeping (the records
must be accessible for a three-year period);
(m)
Provide as-built plans for the pump station and/or collection
system;
(n)
Provide a sewer map of the collection system, including but
not limited to the overall service area, diameter of pipes, distance
between manholes, slope and direction of flow; and
(o)
Provide all required easements that will allow the Town of Johnston
access to the site for unannounced periodic inspections.
T.
Extension of sewers by others. Sewer lines shall be installed in
a public road and shall extend along the entire frontage of the property
to be served or for a minimum distance of 150 feet of frontage along
the frontage of the lot to be sewered where the frontage exceeds 150
feet. The sewer shall end with a manhole. No lateral sewer shall be
permitted to connect into a manhole. Lateral sewers shall be in accordance
with the Town's Standard Sanitary Sewer Requirements.
Refer to the Narragansett Bay Commission's Rules and Regulations,
as amended, for specific requirements.
No person shall maliciously, willfully, or negligently break,
damage, destroy, uncover, deface, or tamper with any structure, appurtenance
or equipment that is a part of the sewage facilities. Any person violating
this provision shall be subject to the penalties set forth in the
Rhode Island General Laws 1956 (as amended).
[Amended 9-12-2011 by Ord. No. 2011-15]
A.
Each year, the Town may set a sewer maintenance charge to be levied against each unit connected to the sanitary sewer. The sewer maintenance charge shall be computed as outlined in § 279-14, Fees, and as set forth in Exhibit A.[1] The purpose of the sewer maintenance charge is to recover
the operation and maintenance expenses associated with the operations
of the wastewater collection system.
[1]
Editor’s Note: Exhibit A is on file in the Town offices.
B.
Each user
shall be categorized as residential, commercial or industrial. Residential
units will be further subdivided as determined by the Town and the
proper sewer maintenance charge assessed.
C.
Sewer
maintenance charges imposed by the Town will be in addition to any
sewer use charges imposed by the Narragansett Bay Commission.
A.
The Johnston sewer system was established to eliminate severe environmental
problems that resulted in direct and indirect discharges into the
rivers, streams, lakes and other natural resources within the Town.
To meet those goals, the Narragansett Bay Commission, in conjunction
with the Town of Johnston, prepared a wastewater facility plan (plan)
and subsequent updating of the plan consistently maintained that the
elimination of pollution and the protection of the Town's natural
resources was the primary priority for the wastewater collection and
treatment facilities.
B.
The plan and subsequent updates have delineated the current and future
planning area that identifies the planned expansion of the Town's
sewer system.
C.
The following requirements are hereby adopted to ensure that the
Johnston sewer system is properly protected and the Town has the ability
to control and/or otherwise limit any future connections and/or expansions
of the system so as not to expose and/or jeopardize the investment
that the taxpayers of the Town have made in the overall system, and
in keeping with Johnston's Comprehensive Plan.
D.
The Director shall be the ultimate authority to determine whether
the applicant has fulfilled his/her obligation as set forth in this
section.
E.
Extension along frontage in public road.
(1)
Sewer lines shall be installed in a public road and shall extend
along the entire frontage of the property to be served or for a minimum
distance of 150 feet of frontage along the frontage of the lot to
be sewered where the frontage exceeds 150 feet.
(2)
Property that has frontage on a public road will not be sewered by
extending sewers over private property unless the Director determines
that it is not feasible to service the property by extending the sewer
line along the public road.
F.
The Johnston Planning Board shall not approve any installation of sewers until the developer has executed with the Director of Public Works a permit agreement as hereinafter provided unless the Director waives requirement. Any such permit agreement shall provide for installation of a sewer system as provided in § 279-6, Building sewers and permit requirements, and as further provided below:
(1)
The developer shall install not only the main sewer in the street
but also the lateral sewer to the property line. In addition, if the
developer is constructing a new home on a lot, the lateral sewer shall
be extended to connect with the building drain. In the case of new
street construction, the developer shall make such installation before
surfacing of the street is completed.
(2)
When an owner of any lot, or his agent, applies for a building permit,
the Building Official shall require, as a condition of the issuance
of such permit, that said owner or agent show on the plot plan the
layout of the future connection from the main sewer up to and including
the building drain, including the elevation of the lateral sewer at
the street line, elevation of the finished first floor and/or cellar
floor, and elevation of the building drain to which the future lateral
sewer would be connected.
(3)
The developer shall cap all open ends of the sewer and shall, along
with completed as-built plans of the sewer, provide exact ties and
elevations so that the capped ends can be readily located.
(4)
The developer shall determine the elevations at each point where
the sewers are capped, assess the design capacities of the downstream
sewer, and submit this information to the Director for his/her approval.
(5)
Where topography prevents installation of the sewer within the street,
the developer shall install the sewer within an easement that shall
be of adequate width as determined by the Director. The easement shall
be deeded to the Town of Johnston at no cost to the Town.
(a)
Wherever and whenever possible, sewer service shall be achieved
by gravity means. All proposals will be reviewed by the Director based
on the system's capacity to handle additional sewerage and compliance
with this Ordinance and Standard Sewer Requirements of the Town or
the Rules and Regulations for Use of Wastewater Facilities within
the Narragansett Bay Commission District.
(b)
If gravity sewer service is not feasible, as determined by the
Director, sewer service shall be achieved by extending service to
an existing pumping facility within the established system, subject
to the Town's normal review process as stated above.
G.
If a pumping facility is deemed necessary by the Director to serve
other areas of the Town, the Director shall require the developer
to design and install said pumping facility and appurtenant equipment
to accommodate future connections as may be desired by the Town. Upon
acceptance by the Town of the pumping facility and appurtenant equipment,
the Developer shall deed the site, the facility and equipment to the
Town and assign its rights in all warranties and guarantees to the
Town. The deed and assignment shall be in a form approved by legal
counsel to the Town. There shall be no cost to the Town for the transfer
of the pumping facilities.
H.
For any development consisting of more than a single unit having individual unit ownership, whether residential or commercial, with a common sanitary sewer system that is privately owned by an ownership, community or condominium type association or entity and discharges to the Town's publicly owned sanitary sewer system, the association or entity of record shall be fully responsible and accountable for the ownership, operation and maintenance of said sanitary sewer system in its entirety, including all regulatory compliance issues related thereto, and must comply with § 279-7, Sewer construction requirements.
I.
To extend sewers to an existing sewer, the Developer or individual
shall provide the necessary engineering studies to ensure the extension
of sewers is consistent with the Town's wastewater facilities
plan. This study must be performed by a registered professional engineer
licensed in the State of Rhode Island. The study shall include, at
a minimum, the following:
J.
The Developer or individual shall pay all fees relating to the review.
K.
Before final acceptance of the sewers, the Developer or individual
shall perform the required testing as outlined in the Standard Sanitary
Sewer Requirements and provide the Director with as-built plans. The
as-built plans shall be provided in paper form and electronically
in the format specified in the Sanitary Sewer Standards.
L.
Sewers installed by Developers or individuals shall be required to
post a bond, in the amount determined by the Director, for the purpose
of covering the cost of sewers and the reconstruction of the roadway.
A.
Upon adoption of this Ordinance, all approvals granted by the Town
for any proposed connection to, expansion of and/ or discharge to
the Town's sewer system by private development will become the
property of the Town without compensation by the Town. The Town may
require the owner of the privately owned facilities to bring the system(s)
in question into compliance before turning it over to the Town.
B.
Upon adoption of this Ordinance, all existing privately installed
sewers within the public rights-of-way shall become the property of
the Town.
A.
The assessment program relating to the installation of new sewers
by the Town will be structured so that each assessment includes a
principal and interest amount, with said principal and interest payments
due through the twenty-year term of the program paid by the affected
properties. A participant can choose to pay the entire remaining principal
balance during that period without any interest penalty. In addition,
a participant may make other periodic principal payments throughout
the term of the bond, if so desired.
B.
The sewer project assessment cost is calculated by establishing the
actual total cost of the project (design, construction, construction
administration and cost of borrowing) which is then fully recovered
from the project area as defined by Council resolution. Such resolution
shall also specify the method of recovering the project cost using
one of the following models. Said resolution shall be adopted prior
to the award of the construction contract.
C.
Collection of sewer assessment. From the date of delivery of the
sewer assessment roll to the Finance Director, the amount of each
assessment, including any interest thereon, shall constitute a debt
payable to the Town by the owner of each estate assessed, on parity
with the lien for Town taxes. Such liens shall not be subject to termination
under the General Laws, as amended. The Finance Director shall have
the same powers to collect sewer assessments from the owners of estates
assessed, whether or not residents of this state, and to enforce such
liens against the estates assessed as the Finance Director has in
the case of Town taxes assessed against residents of this state.
D.
Other assessments for properties not assessed under § 279-13B. It is hereby determined that sanitary sewer lines built by and at the expense of others shall pay the following assessment:
(1)
For each parcel of land which abuts a public highway or a road which
by general use is generally believed to be a public road or a right-of-way,
or a private road in which sanitary sewer lines are installed by a
private party and which are connected to the public sanitary system,
the following betterment assessment shall apply.
(2)
An assessment shall be a flat fee set by the Town from time to time.
(3)
Assessments shall be payable by the parcel owner annually over not
more than 20 years commencing the year following sewer installation.
Interest on the unpaid balance will be set at the time of the assessment.
Any assessment may be paid in full at any time. Unpaid assessments
shall be liened and foreclosed upon in accordance with the general
statutes governing the collection of property taxes. The Town shall
set the assessment charges and corresponding interest rates.
E.
For project design and construction by the Town, the Town will adopt
one of the following assessment models, by Council resolution, for
the specific project area.
(1)
Model 1: cost per EDU. The total cost of the project shall be divided
equally per equivalent dwelling unit (EDU). The assessment for the
residential, commercial and industrial users shall be as follows:
(a)
Vacant residential or commercial land shall be assessed as a
single-family residential user (one EDU).
(b)
Residential buildings.
|
Residential Building
|
Charge
(EDUs)
| |
|---|---|---|
|
Single-family
|
1
| |
|
Two-family to four family
|
1.5
| |
|
Multifamily (greater than four: up to 10 units)
|
2
| |
|
Apartments greater than 10 units
|
3; for each additional 5 units there will be an additional 1.5
EDU charge
| |
|
Condominiums
|
1 per condominium unit
|
(c)
Commercial buildings.
|
Commercial Building
(square feet)
|
Charge
(EDUs)
| |
|---|---|---|
|
Up to 5,000
|
1
| |
|
5,001 to 15,000
|
2
| |
|
15,001 to 30,000
|
3
| |
|
30,001 to 100,000
|
4
| |
|
Greater than 100,000
|
5
|
(d)
Restaurants.
|
Restaurants
(number of seats)
|
Charge
(EDUs)
| |
|---|---|---|
|
0 to 100
|
1
| |
|
101 to 150
|
2
| |
|
Greater than 150 seats
|
3
|
(e)
Industrial: based upon actual or projected flow and the equivalent
dwelling units.
(2)
Model 2: assessment per-linear-foot. The total cost of the project
shall be assessed based on linear footage of property frontage as
follows:
(a)
Each parcel of land which abuts a public road or which, by use,
is generally believed to be a public road or a right-of-way, and in
which there has been constructed a public sanitary sewer, shall be
assessed a per-linear-front-foot charge; provided, however, that no
such parcel of land shall be assessed less than a dollar value adopted
by the Town at the time of the assessment.
(b)
Each corner parcel of land abutting two or more public roads
or rights-of-way in which there have been constructed a public sanitary
sewer shall be assessed a per-linear-front-foot charge along the side
of the public road or right-of-way on which the principal building
on the parcel is connected to the common sewer; provided, however,
that no such parcel of land shall be assessed less than a dollar value
adopted by the Town at the time of the assessment.
(c)
Each interior parcel of land, not a corner parcel having frontage
on two or more public roads or rights-of way, in which there has been
constructed a public sanitary sewer shall be assessed a per-linear-front-foot
charge along the side of the public road or right-of-way on which
the principal building on the parcel is connected to the common sewer;
provided, however, that no such parcel of land shall be assessed less
than a dollar value adopted by the Town at the time of the assessment.
In addition, the other sides of said interior parcel which abuts a
public road or rights-of-way in which a public sanitary sewer has
been constructed shall be assessed a per-linear-foot charge for each
front foot. The other sides of said interior parcel which abuts a
public road or right-of-way in which a public sanitary sewer has been
constructed may have its assessment exempted or suspended by the Town
depending on the parcel's potential to be subdivided in the future.
(d)
Each parcel of land on which there are no buildings and which
is unimproved, undeveloped or is farmland and which abuts a public
road or right-of-way in which there has been constructed a public
sanitary sewer shall be assessed a per-linear-foot charge for each
front foot but may have its assessment or portions thereof suspended
by the Town depending on the parcel's potential to be subdivided
in the future.
(e)
Each parcel of land which abuts a public road or right-of-way
in which there has been constructed a public sanitary sewer and which,
in the opinion of the Director, may not be serviced by the sanitary
sewer system because of topographical or other engineering factors
may have its assessment suspended upon approval of the Director. As
herein used, "topographical or other engineering factors" refers to
the capacity of the property to be serviced by means of a gravity
flow connection, but does not exclude the use of a forced flow to
enter the sanitary sewer.
(f)
Special assessments shall be levied against commercial and industrial
properties on the basis of benefit received, as determined by the
Town.
(g)
For the purposes of this chapter, the frontage for each benefited
property shall be figured to the nearest foot as shown on the assessment
drawings on file in the Office of the Town Assessor, Johnston, Rhode
Island. The starting point for the measurement of the frontage of
corner lots shall be the point of the intersection of the street lines
or, if the corner is an arc, the midpoint of the arc of the corner
curve.
(h)
Each newly created estate, which estate shall include multifamily units, e.g., condominiums and townhouses, which are to be connected to a public sanitary sewer, shall be assessed as a separate parcel in the same manner as a parcel of land described Subsection E(2)(a) of this section.
(i)
The Town may suspend payment on all footage assessed in excess
of 250 feet. Any part of an assessment which has been suspended by
the Town shall become payable in full upon the sale, transfer or alienation
of any part of the estate of land.
(3)
Model 3: based on property value. The total cost of the project shall
be assessed based on the property value as follows:
(a)
The assessment value of the land comprising each estate as determined
by the Town for the purpose of assessing real estate taxes (dollar
value to be determined at the conclusion of the project) per $1,000
of assessed value. If the land is currently on the tax roles as unimproved,
the principal amount paid will be applied to the new assessment, prior
to the issuance of a corrected assessment. For those structures known
as "townhouses" or "condominiums," said assessment shall be paid by
the owner of record of said property, be it an association, partnership,
corporation, trust, individual or on any other legal entity.
(b)
The assessed value of the buildings and improvements located
on each estate, as determined by the Town for the purpose of assessing
real estate taxes (dollar value to be determined at the conclusion
of the project) per $1,000 of assessed value. For those structures
known as "townhouses" or "condominiums," the assessment for each additional
unit shall be paid by the owner of record of individual units.
[Amended 9-12-2011 by Ord. No. 2011-12]
A.
The Town shall collect fees for services in connection with sewer
maintenance for the purpose of administration, permits, plan review,
inspections and/or improvements. All fees collected (starting July
1, 2011) shall be retained in a separate fund, herein referred to
as the "Sewer Enterprise Fund," for the sole purpose of maintaining
the Town's wastewater collection system and related appurtenances.
B.
The Town shall also collect fees for the purpose of repaying the
bond, herein referred to as the "sewer assessment fees." Said fees
shall be retained in the Sewer Enterprise Fund for the sole purpose
of repayment of the sewer bonds.
A.
General. Any owner, person, or user found in violation of any part
of this Ordinance, discharge permit, compliance schedule or order,
or any order of the Town shall be subject to enforcement procedures.
Such procedures shall include but are not limited to revocation of
permit, suspension of discharge, show cause hearing, Town order, legal
action and/or penalty costs.
B.
Compliance schedule. When the Director finds that a user has violated
or continues to violate the chapter or a permit or order issued thereunder,
he may issue an order to the user responsible for the discharge directing
that, following a specified time period, sewer service shall be discontinued
unless adequate pretreatment facilities, devices, or other related
appurtenances have been installed and are properly operated. Orders
may also contain such other requirements as might be reasonably necessary
and appropriate to address the noncompliance, including installation
of pretreatment technology, additional self-monitoring and management
practices.
C.
Permit revocation.
(1)
Enforcement costs. The permittee agrees to reimburse the Town for
the cost of enforcing the permit, including reasonable attorneys'
fees, if violation of the permit is found by a hearing officer during
the course of a show cause hearing or, if such decision is appealed,
then in court of competent jurisdiction.
(2)
Damage to facilities. The permittee agrees to indemnify and hold
harmless the Town from and against any liability, loss, cost, expense
or actual damage (including reasonable attorneys' and accountants'
fees incurred in defending or prosecuting any claim for any such liability,
loss, cost, expense or damage) suffered by the Town and caused by
discharges from the permittee, either singly or by interaction with
other wastes.
D.
Suspension of discharge.
(1)
The Director may suspend the wastewater service and/or a sewer permit
when such suspension is necessary, in the opinion of the Director,
in order to stop an actual or threatened discharge which presents
or may present an imminent or substantial endangerment to the health
or welfare of persons, to the environment or causes interference or
pass-through to the wastewater treatment system.
(2)
Any person notified of a suspension of the wastewater treatment service
and/or a sewer permit shall immediately stop or eliminate the contribution.
In the event of a failure of the person to comply voluntarily with
the suspension order, the Director shall take such steps as deemed
necessary, including immediate severance of the sewer connection,
to prevent or minimize damage to the system or endangerment to any
individuals. If said action is taken, the Director shall notify the
Building Official, who, in turn, shall enforce the requirements of
the Building Code. The Director shall reinstate the wastewater discharge
and/or the wastewater service upon proof of the elimination of the
noncomplying discharge. A detailed written statement submitted by
the user describing the causes of the harmful contribution and the
measures taken to prevent any further occurrence shall be submitted
to the Director within 15 days of the date of occurrence.
E.
Show cause
hearing.
(1)
If
a violation is not corrected within the time frame mandated by the
Director, the Director may order any person who causes or allows an
unauthorized discharge to show cause before the Town Council why service
should not be terminated. The Town Clerk shall serve notice on the
offending party, specifying the time and place of a hearing to be
held by the Town Council regarding the violation and directing the
offending party to show cause before said authority why an order should
not be made directing the termination of service. The notice of the
hearing shall be served personally or by registered or certified mail
(return receipt requested) at least 10 days before the hearing. Service
may be made on any agent or officer of a corporation.
(2)
At
any public hearing, testimony taken before the hearing authority or
any person designated by it must be under oath and recorded stenographically.
The transcript or any part of the hearing so recorded will be made
available to any member of the public upon payment of the usual charges.
(3)
After
the Town Council has reviewed the evidence, it may issue an order
to the party responsible for the discharge directing that, following
a specified time period, the sewer service be discontinued unless
adequate treatment facilities, devices or other related appurtenances
shall have been installed or existing treatment facilities, devices,
or other related appurtenances are properly operated, and such further
orders and directives as are necessary and appropriate.
F.
Legal
action. Any discharge in violation of the substantive provisions of
this Ordinance shall be considered a public nuisance. If any person
discharges sewage, industrial wastes or other wastes into the Town
collection system contrary to the substantive provision of this Ordinance,
the Town Solicitor shall commence an action for appropriate legal
and/or equitable relief in the Superior Court of Providence County.
G.
Penalty
costs. Any person who is found to have violated an order of the Town
Council or who has failed to comply with any provision of a discharge
permit issued by the Town, or provision of this Ordinance, and the
orders, rules and regulations issued hereunder, shall be fined. In
addition, the Town may recover reasonable attorneys' fees, court
costs, court reporters' fees and other expenses of litigation
by appropriate suit at law against the person found to have violated
this Ordinance or the orders, rules, regulations, and permits issued
by the Town.
H.
Any significant
industrial users or commercial users in violation of these regulations
shall be subject to NBC enforcement (Section 10 of its Rules and Regulations).
A.
Board of Sewer Appeals. In order that the provisions of this article
may be reasonably applied and substantial justice done in instances
where unnecessary hardship would result from carrying out the strict
letter of this article, the Town Council shall serve as a Board of
Sewer Appeals. The Board of Sewer Appeals shall consider appeals from
decisions of the Director and shall determine in particular cases
whether any deviation from the strict enforcement of this article
will violate its intent or jeopardize the public health and safety.
B.
Procedure. Any person aggrieved by any decision of the Director shall,
in addition to any other remedy provided by law, have the right to
appeal to the Board of Sewer Appeals within 30 days of the decision
appealed from. The Director shall consider the appeal and give the
aggrieved person a reasonable opportunity to be heard. The final disposition
of the appeal shall be in the form of a resolution reversing, modifying
or affirming the decision appealed from.
A.
Any user or person violating any provision of § 279-6, Building sewers and permit requirements, and Town's laws shall be fined up to $500 for each offense. A separate offense shall be deemed committed on each day during which a violation occurs or continues.
B.
Any user or person violating any provision of § 279-7, Sewer construction requirements, and Town's laws shall be fined up to $500 for each offense, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
C.
Any user or person violating any provision of § 279-9, Protection from damage, and Town's laws shall be fined not more than $500, or by imprisonment of not more than 30 days. Each day of violation of this article shall constitute a separate offense.
D.
Any person who is found to have violated an order of the Town and/or
the Narragansett Bay Commission's pretreatment requirements,
or who fails to comply with any provision of a discharge permit issued
by the Director or the Narragansett Bay Commission, or provision of
this Ordinance, and the orders, rules and regulations issued hereunder,
shall be fined up to $25,000 per day for each offense, for each and
every day during which a violation occurs. In addition to the penalties
provided herein, the Town and/or Narragansett Bay Commission may recover
reasonable attorneys' fees, court costs, court reporters'
fees and other expenses of litigation by appropriate suit at law against
the person found to have violated this Ordinance or the orders, rules
and regulations issued hereunder, or a discharge permit issued by
the Town and/or the Narragansett Bay Commission.
The Narragansett Bay Commission's Rules and Regulations
for Use of Wastewater Facilities within the Narragansett Bay Commission
District, as amended, shall be part of the Town's Sewer Ordinance.
Where conflicts may arise between the Town's Sewer Ordinance
and the Narragansett Bay Commission's Rules and Regulations,
as amended, the more stringent requirement will prevail.
Any and all monies collected in the payment of fees, costs and
penalties as set forth in this Ordinance shall be retained by the
Sewer Enterprise Fund.
All rules, regulations and requirements stated in this Ordinance
shall be complied with by all users of the Town's sewer system,
regardless of whether or not the user is located in the Town of Johnston.
The Town has this authority, as stated in Rhode Island General Laws.
A.
The Director or his designee shall have the right to enter and inspect
any part of any premises served by the public sewers and drains of
the district upon which there may be reason to believe that violations
of the requirements of this Ordinance have occurred or are likely
to occur, for the purpose of ascertaining facts as to the violation
or suspected violation, or of obtaining samples of wastes, substances
or waters being discharged into sewers or drains, or of inspecting
devices provided to exclude such prohibited discharges.
B.
The Director or his designee, bearing proper credentials and identification,
shall be permitted to enter upon all properties for the purpose of
inspection, observation, measurement, sampling and testing, in accordance
with the provisions of this Ordinance.
