[HISTORY: Adopted by the Town Council of the Town of Coventry 9-10-2015 by Ord. No. 05-15-303;[1] amended in its entirety 10-11-2022 by Ord. No. 02-22-345. Subsequent amendments noted where applicable.]
[1]
Editor's Note: This ordinance also superseded former Ch. 191,
Sewers, adopted 7-6-2009 by Ord. No. 05-09-275, as amended.
Unless the context specifically indicates otherwise, the meaning
of those terms used in these regulations 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.
Any room in a residential dwelling which satisfies the following
requirements:
Greater than 70 square feet in area, which is susceptible to
use as a private sleeping area; and
Has at least one interior method of entry and egress allowing
the room to be closed off from the remainder of the residence; and
Is heated living space that is unrestricted for occupancy; and
For assessment purposes only, shall be defined as a unit whose
wastewater flow is equal to 115 gallons per day. The basis by which
projected daily wastewater flows will be determined are based upon
current RIDEM-published on-site wastewater treatment systems (OWTS)
values per establishment. For wastewater flow volumes not stated in
the OWTS regulations, standard engineering values will be used.
Schedules of activities, prohibitions of practices, maintenance
procedures, and other management practices to implement the prohibitions
listed in §§ 2(ii)(A) and 2(ii)(B) of 40 CFR 403.5(a)(2)
and 40 CFR 403.5(b). BMPs include treatment requirements, operating
procedures and practices to control plant site runoff, spillage or
leaks, sludge or waste disposal, or drainage from raw materials storage,
alternative means (i.e., management plans) of complying with, or in
place of, certain established pretreatment standards and effluent
limits.
Assessments for properties where private parties have constructed
the Town's sewage collection infrastructure and for properties
that propose a change in use, or an increase in daily flow.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure in five days
at 20° C., expressed in milligrams per liter.
That part of the lowest piping of a drainage system which
receives the discharge from waste, and other drainage pipes inside
the walls of the building and conveys it to the building sewer, ending
five feet outside the inner face of the building wall.
The service extension from a building to the public sewer
or other place of disposal.
The equipment, structures and processes used for the collection,
transportation, and pumping of sewage.
The Board of Sewer Commissioners of the Town, if any, appointed
pursuant to the Public Laws of Rhode Island, as amended. In the event
that there is no such Board of Sewer Commissioners, functions assigned
to it hereunder shall be performed by the Town Council. For the avoidance
of doubt, the advisory sewer subcommittee of the Town is not the Board
of Sewer Commissioners unless the Town Council otherwise expressly
provides pursuant to a resolution or by ordinance.
An individual or group of individuals who are responsible
for bringing a project through the development review process and
the infrastructure construction to create a new developable lot(s)
or area. If the developer is not the owner, he/she must submit evidence
that he/she is acting on behalf of the owner.
The Director of Public Works for the Town of Coventry or
his/her duly appointed deputy agent or representative.
A house or building consisting of apartments, a group of
rooms, or a single room occupied or intended for occupancy as living
quarters and consisting of six or less bedrooms and described as residential
property with residential use within the Town's property records.
Land described with a specific use intended for the Town.
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 and the wastewater does not interfere with
the collection system.
The animal and vegetable waste resulting from the handling,
preparation, cooking, and serving of foods.
The wastewater from industrial (nonresidential) processes,
trades, or business as distinct from residential (sanitary) wastes.
Waste which contains pathogens with sufficient virulence
and quantity so that exposure to the waste by a susceptible host could
result in disease. Under this definition, the normal microflors of
the body are not classified as infectious. Categories of waste designated
as infectious are as follows:
HUMAN BLOOD, BODY FLUIDS AND BLOOD PRODUCTSAll 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 SHARPSConsists 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 BEDDINGRefers to carcasses, body parts and bedding of animals that were exposed to pathogens in research and in the production of biologicals or in vivo production of pharmaceuticals.
DISCARDED CULTURES AND STOCKS OF INFECTIOUS AGENTS AND ASSOCIATED BIOLOGICALConstitutes infectious wastes because pathogenic organisms are present at high concentration in these materials. Included in this category are pathological laboratories and pharmaceutical companies, wastes from the production of biological and discarded live and attenuated vaccines; also, culture dishes and devices used to transfer, inoculate and mix cultures shall be designated as infectious waste.
PATHOLOGICAL WASTEConsists of tissues, organs, body parts, removed during surgery and autopsy.
A discharge that, alone or in conjunction with a discharge
or discharges from other sources, inhibits or disrupts the publicly
owned treatment works (POTW), its treatment processes or operations
or its sludge processes, use or disposal; and, therefore, is a cause
of a violation of the Town's NPDES permit or of the prevention
of sewage sludge use or disposal in compliance with any of the following
statutory/regulatory provisions or permits issued thereunder, or any
more stringent state or location regulations: Section 405 of the Act;
the Solid Waste Disposal Act, including Title II commonly referred
to as the Resource Conservation and Recovery Act (RCRA); any state
regulations contained in any state sludge management plan prepared
pursuant to Subtitle D of the Solid Waste Disposal Act; the Clean
Air Act; the Toxic Substances Control Act; and the Marine Protection,
Research and Sanctuaries Act.
A sewer that discharges into a main or other sewer.
Permissive.
Any outlet, including storm sewers, into a wastewater pond,
ditch, lake, or other body of surface water or groundwater.
Commercial, industrial, and all other combinations of use,
except residential.
A system approved by the Rhode Island Department of Environmental
Management (RIDEM) which provides sanitary sewerage disposal by means
other than discharge into a public sewer.
The "Sewers Ordinance" herein of the Town of Coventry (Chapter 191, as amended, of the Town Code of Ordinances).
Any person who alone, or jointly:
The degree of acidity or alkalinity of a solution often expressed
as the negative logarithm of the reciprocal of the hydrogen ion concentration.
The concentration is the weight of hydrogen ions, in gram equivalents,
per liter of solution. Neutral water, for example, has a pH value
of 7 and a hydrogen ion concentration of 10-7. pH values of 0 to 7 indicate acidity and from 7 to 14 indicate
alkalinity.
Any dredged spoil, solid waste, incinerator residue, sewage,
garbage, sewage sludge, munitions, chemical wastes, biological materials,
radioactive materials, heat, wrecked or discharged equipment, rock,
sand, cellar dirt, and industrial, municipal, and agricultural waste
discharged into water.
The reduction of the amount of pollutants, the elimination
of pollutants, or the alteration of the nature of pollutant properties
in wastewater prior to, or in lieu of, introducing such pollutants
into the POTW. This reduction or alteration can be obtained by physical,
chemical or biological processes, by process changes or by other means,
except by diluting the concentration of the pollutants unless allowed
by an applicable pretreatment standard.
The representative of the Town who is responsible for administrating
the rules and regulations of the nonresidential users.
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 of regulations, the more
stringent thereof shall be applied.
Collection system(s) and/or wastewater pretreatment facility(ies)
privately owned by a user and/or association that is connected to
a publicly owned wastewater treatment or collection system.
The public system of sanitary sewers installed by the Town
of Coventry pursuant to the authority conferred by the Public Laws.
Any portion of the municipal sanitary sewer system in which
all owners of abutting properties have equal rights, and which is
controlled by municipal authority.
A treatment works as defined by Section 212 of the Act (33
U.S.C. § 1292) which is owned by the Town or West Warwick
Regional Wastewater Treatment Facility (WWRWTF). This definition includes
any devices or systems used in the collection, storage, treatment,
recycling and reclamation of sewage or industrial wastes of a liquid
nature and any conveyances which convey wastewater to a treatment
plant (also referred to as a public sewer).
The use of a dwelling, or building consisting of apartments,
a group of rooms, or a single room, occupied or intended for occupancy
as living quarters and consisting of six or less bedrooms and described
as residential property with residential use within the Town's
property records.
The Rhode Island system for using, 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 and the Clean
Water Act.
The Rhode Island Department of Environmental Management.
The perpetual right of the Town of Coventry, its assigns,
employees, and assignees to pass over and under the land of another
for all reasonable purposes involving sewage works to include but
not excluding the right to enter upon the land of another at all reasonable
times to make repairs, improvements and maintain sewage works upon,
over, or under the land of another.
A conduit that carries liquid and water-carried wastes from
residences, commercial buildings, industrial plants, and institutions
together with minor quantities of groundwater, and surface waters
that are not admitted intentionally.
The used water of a community. Also referred to as "wastewater."
Any part of the Town's devices or systems used in the
collection, storage, treatment, recycling and reclamation of sewage
or industrial wastes of a liquid nature and any conveyances which
convey wastewater to a treatment plant (also referred to as "collection
system," "public sanitary sewer system," "publicly owned treatment
works," "public sewer," "sanitary sewer," "sewer," "wastewater facilities,"
"wastewater treatment works").
A pipe or conduit that carries wastewater.
Mandatory.
Any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards in § 191-2 of this chapter. A slug discharge is any discharge of a nonroutine, episodic nature including, but not limited to, an accidental spill or a noncustomary batch discharge which has a reasonable potential to cause interference or pass-through, or in any other way violates the POTW's regulations, local limits or permit conditions.
The Superintendent of Water Pollution Control for the West
Warwick Regional Wastewater Treatment Facility or his/her duly authorized
deputy, agent, or representative.
The total suspended matter that floats on the surface of,
or is suspended in, water, wastewater, or other liquid, and that is
removable by laboratory filtering.
The Town of Coventry, Rhode Island, or any duly authorized
officer, agent, or representative of the Town of Coventry.
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., and as may otherwise be designated by
the Town.
Water of quality equal to or better than the effluent criteria
in effect or water that would not cause violation of receiving water
quality standards and would not be benefited by discharge to the sewers
and wastewater treatment facilities provided.
Any person or entity who discharges or causes or permits
the discharge of wastewater into the Town's wastewater facilities.
Liquid and water-carried industrial wastes and sewage from
residential dwellings, commercial buildings, industrial and manufacturing
facilities and institutions (whether treated or untreated) which are
contributed to the POTW.
The structures, equipment, and processes required to collect,
transport, and treat domestic and industrial wastes and dispose of
the effluent.
An arrangement of devices and structures for treating wastewater,
industrial wastes, and sludge. Sometimes used as synonymous with the
West Warwick Treatment Facility or "waste treatment plant" or "wastewater
treatment plant" or "water pollution control plant."
The wastewater treatment facility, including an arrangement
of devices and structures used for treating wastewater, industrial
wastes and sludges, located in West Warwick, Rhode Island, which was
constructed and upgraded to treat wastewater generated in the participating
municipalities.
A.
It shall be unlawful for any person to place, deposit, or permit
to be placed or deposited in an unsanitary manner on public or private
property within the Town of Coventry, or in any area under the jurisdiction
of said Town, any human or animal excrement, garbage, or other objectionable
waste.
B.
It shall be unlawful to discharge to any natural outlet within the
Town of Coventry, or in any area under the jurisdiction of said Town,
any wastewater or other polluted water, except where suitable treatment
has been provided in accordance with subsequent provisions of these
regulations.
C.
Except as hereinafter provided, it shall be unlawful for property
owners to construct any privy vault, cesspool, septic tank, OWTS,
or other facility intended or used for the disposal of wastewater
where a public sewer abuts the property line and where permission
to enter such sewer can be obtained from the authority having jurisdiction
over it.
D.
The owners of all houses, buildings, or properties used for human
occupancy, employment, recreation, or other purposes, situated within
the Town and abutting on any street, alley, or right-of-way in which
there is located a public sewer of the Town, are hereby required at
their expense to install suitable toilet facilities therein, and to
connect such facilities directly with the proper public sewer in accordance
with the provisions of these regulations, within one year after date
of receipt of official notice from the Town. Said connections shall
be made without exception, unless the owners currently have a working
septic system (in accordance with RIDEM standards). Once the current
septic system fails, owners must connect such facilities directly
to the proper public sewer in accordance with the provisions of these
regulations, unless a waiver is granted by the Town Council.
A.
When permitted. Where a public sanitary sewer is not accessible and
available, the building sewer shall be connected to an OWTS complying
with the requirements of the Town and the RIDEM.
B.
Required approval. Before commencement of construction of an on-site
wastewater treatment system, the owner shall first obtain approval
from RIDEM. Evidence of such approval shall be filed with the Town.
C.
Abandoning and filling when public sewer becomes available after
the owners' current septic system fails and cannot be repaired.
When it is determined by the Commission that a public sewer is accessible
and available to property served by private sewage disposal means,
a direct connection shall be made to the public sewer in accordance
with the provisions of this section, and any underground tanks and
cesspools shall be cleaned of sludge and filled with clean sand, gravel,
or other approved material immediately after connection is made to
the public sewer, unless a waiver is granted by the Town Council.
D.
Operation of private disposal systems. The owner shall operate and
maintain private sewage disposal facility or OWTS in a sanitary manner
at all times, at no expense to the Town.
E.
Proper removal and disposal. In the maintaining of these OWTS, the
owner shall be responsible for the proper removal and disposal by
the appropriate means of the captured material and shall maintain
records of the dates and means of disposal which are subject to review
by the Town.
A.
No unauthorized person(s) shall uncover (excavate), make any connections
to, or opening into, use, alter, or disturb any public sewer or appurtenance
thereof without first obtaining a permit from the Town. Any person
proposing a new discharge into the public sewer, a substantial change
in the volume or character of pollutants or any change which may affect
the potential for a slug discharge into the public sewer shall notify
the Town a minimum of 90 days' prior to the proposed change or
connection. All nonresidential users proposing to connect to or to
contribute to the POTW shall obtain a permit from the Town before
connecting to or contributing to the POTW.
B.
There shall be two classes of building sewer installation permits:
a) for residential and nonresidential service whose sewage flow is
less than, or equal to, 10,000 gallons per day; and b) for service
to establishments producing nonresidential waste flow or any flow
greater than, or equal to, 10,000 gallons per day. In either case,
the owner(s) or his/her agent are required to apply, on a form furnished
by the Town, for a permit from the Town. The permit application shall
be supplemented by plans, specifications, or other information considered
pertinent in the judgment of the Town. A permit application fee which
shall include all costs associated with the inspection of the building
sewer installation shall be paid to the Town at the time the application
is filed. Permit application fee shall be levied as adopted from time
to time.
C.
If a building connection from the public sewer to the property has
not been provided, all costs and expenses incidental to the installation
of the building sewer and connection to the public sewer shall be
borne by the owner(s) including the completion of roadway repairs
in accordance with the Code of Ordinances of the Town and as determined
by the Town. The owner(s) shall indemnify the Town from any loss or
damage that may directly or indirectly be occasioned by the installation
of the building sewer and the connection to the POTW.
D.
A separate and independent building sewer shall be provided for every
building.
E.
Existing (old) building sewers may be used in connection with new
building construction only when they are tested, examined, and approved
by the Town Engineer, to meet all requirements of the Town's
regulations. All expenses relating to such testing and examination
shall be the responsibility of the owner/applicant.
F.
The size, slope, alignment, materials of construction of a building
sewer, and the methods to be used in excavating, placing of the pipe,
jointing, testing, and backfilling the trench shall conform to the
requirements of the Town and the Town Engineer. At a minimum, all
requirements of the Town's Sewer Use Ordinance must be met. In
the absence of code provisions or in amplification thereof, the materials
and procedures as set forth in appropriate specifications of the American
Society of Testing Materials (ASTM) and the Water Environment Federation
(WEF) Manual of Practice shall apply.
G.
Whenever possible, the building sewer may be installed to the building
at an elevation below the basement floor. In all buildings in which
any building drain is too low to permit gravity flow to the public
sewer, the wastewater carried by such building drain shall be pumped
by an approved means and discharged to the building sewer.
H.
No person(s) shall make connection of roof down spouts, foundation
drains, areaway drains, or other sources of surface runoff or groundwater,
to a building sewer or building drain which in turn is connected directly
or indirectly to the public sewer unless such connection is approved
by the Town Engineer and the Superintendent for purposes of disposal
of polluted surface drainage.
I.
The connection of the building sewer to the public sewer shall conform
to the requirements of the Town. All such connections shall be made
gastight and watertight and verified by proper testing. Any deviation
from the prescribed procedures and materials must be approved by the
Town Engineer before installation.
J.
The applicant for the building sewer permit shall notify the Town
Engineer when the building sewer is ready for inspection and connection
to the public sewer. The connection and testing shall be made under
the supervision of the Town Engineer or his/her representative. All
expenses relating to such testing and inspection shall be the responsibility
of the owner/applicant.
K.
Cleanouts shall be installed where the distance from the building
to the main sewer is greater than 75 feet or where bends greater than
22.5° are used in the building sewer. Cleanouts shall be made
by installing a "Y" and 1/8 bends of the same diameter as the building
sewer. The cleanouts shall ordinarily be installed at the point of
connection between the building sewer and the outside part of the
house plumbing system, at curves on the building sewer and on the
straight part of the house sewer to the main sewer. The cleanout shall
be brought up from the building sewer to four inches below ground
level and be properly capped. A cleanout installed in a paved area
or area susceptible to vehicle traffic shall be installed with a cast-iron
collar and cover. Locations of all cleanouts shall be recorded and
provided to the Town Engineer.
L.
All excavations for building 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 the work shall be restored in a manner satisfactory
to the Town.
M.
One backflow valve per building sewer shall be installed prior to
connection to the Town's sewer system for all residential dwellings.
The quantity of backflow valves necessary for nonresidential establishments
must be submitted and approved by the Town prior to installation.
N.
Privately owned sewer collection systems that are physically connected to, and so discharge to, a POTW must comply with § 191-19.
O.
Low-pressure grinder pumps may be permitted. The unit shall consist
of a grinder pump, level controls, siphon breaker, check valve and
seventy-gallon tank. The unit shall be equipped with an electrical
quick disconnect plug, a discharge line shut-off 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.
Any pump proposed for use is required to be approved by the Town.
A.
Nonresidential developments, or residential developments consisting of more than a single dwelling, shall not be approved by the Town of Coventry until the developer has executed with the Town a permit agreement as hereinafter provided unless requirement is waived by the Town. Any such permit agreement shall provide for installation of a sewer system as provided in § 191-4 and as further provided below:
(1)
The developer shall install the lateral sewer in the street and the
building sewer from the lateral sewer to the property line. In addition,
if the developer is constructing a new dwelling on a parcel, the building
sewer shall be extended to connect with the building plumbing. 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 parcel, or his agent, applies for a building
permit, the building inspector 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 lateral sewer to
the building drain, including the elevation of the building 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 building
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 Town shall approve elevations at each point where the sewers
are capped, and the developer shall design and build the sewer to
these elevations. The Town shall provide design capacities for the
sewers.
(5)
Where topography prevents installation of the sewer within the street,
the developer shall install the sewer within rights-of-way that shall
be of adequate width as determined by the Town and deeded to the Town
of Coventry.
(6)
The Town, in considering the acceptance of a new development for
sewer service into the established system of sewers, as hereinbefore
defined, shall employ the following as guidelines in determining an
acceptable means and/or particular method by which said service may
be achieved.
(a)
When possible, sewer service shall be achieved by gravity means.
All proposals will be reviewed by the Town based on the system's
capacity to handle additional sewerage and compliance with this chapter.
(b)
If gravity sewer service is not feasible or economical, as determined
by the Town, 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.
(c)
If an existing pumping facility is not accessible or feasible
under normal engineering standards, as determined by the Town, pressure/force
mains with related pumping facilities may be considered by the Town.
[1]
For new dwellings and/or developments that are inaccessible
for gravity sewer service, the Town may consider the acceptance of
a pumping facility into the Town's sewer system on a case-by-case
basis. The overall need for such a facility in lieu of other viable
options must be proved by the developer to the satisfaction of the
Town prior to the Town's preliminary approval. The pumping facility
must be designed and installed under the supervision of an individual
licensed as a registered professional engineer in the State of Rhode
Island. The work shall be in accordance with the Town standards and
shall include all appurtenances necessary to establish a functional
and acceptable facility as determined by the Town. Upon preliminary
acceptance of a facility, the Town and developer shall negotiate a
permitting agreement whereby the developer shall pay to the sewer
commission, prior to the new system being accepted, a sufficient sum
to defray all estimated operational and maintenance costs of the facility
for a period of 10 years after acceptance. The amount of this payment
shall be based on estimates at the time of the proposal as determined
and approved by the Town. Said payment shall be in the form of a certified
check payable to the Town of Coventry.
[2]
Proposed pumping facilities servicing new or proposed nonresidential
developments may be considered for acceptance by the Town. If such
pumping facilities are not considered acceptable by the Town, the
developer may install a pumping facility, such that the ultimate ownership
and operational and maintenance responsibilities of such a facility
remain the responsibility of the developer/property owner.
(d)
If a pumping facility is deemed necessary by the developer and approved by the Town to serve a new development, the Town shall require either that the developer install said pumping facility and appurtenant equipment or that the developer pay to the Town of Coventry a sum sufficient to defray the cost of engineering (design, review and inspection), constructing, equipping, and installing said pumping facility. The amount of this payment shall be based on estimates developed by a certified professional engineer registered in the State of Rhode Island and approved by the Town. The payment may be in the form of a certified check payable to the Town of Coventry and such funds shall be used only for the engineering (design, review and inspection), construction, equipping and installation of the pumping facility. This amount is in addition to that designated in Subsection A(6)(c)[1] above.
(e)
Upon installation and 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.
(7)
If the developer retains ownership of the pump station and/or collection system, the developer must comply with § 191-19.
(8)
The developer shall be required to include as a part of the capped
sewer construction any pipes, pumping stations or other appurtenances
which would be required for or would serve areas outside of the development
in question, without remediation from the Town.
B.
A new development for which a permit agreement is required, as described under Subsection A hereof, shall not be approved by the Town until the developer has submitted a design of the sewers serving said development or has waived the requirement therefor pursuant to Subsection C below. Said design shall be prepared by the developer at his expense, shall conform to accepted engineering practices and existing installation requirements, and shall provide for an economical and effective future installation of the sewers. Any rights-of-way called for by such design as approved by the Commission shall be deeded to the Town of Coventry.
C.
The Town may grant relief from any of the requirements imposed by Subsection A above if it determines that the need for the construction or design of sewers is impractical or remote taking into consideration: 1) the date upon which the sewers might be connected to the Town wastewater collection system; 2) the estimated cost of construction; and 3) the anticipated need for sewers within the development. Such need shall be determined after consideration of all available information, including any report or evidence submitted by the developer of such proposed development.
D.
For any development or a portion thereof, 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 POTW, 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 § 191-19.
E.
If a developer subdivides lots fronting on an existing Town road,
the Commission may waive the requirement installation of capped sewers
serving such lots if it finds such installation to be impracticable,
provided that any easements necessary for future sewer installations
are dedicated to the Town of Coventry. The Town may by agreement with
the developer provide for immediate or future construction of the
capped sewers by the developer as provided herein at his/her expense.
The Town Council is authorized to enter into agreements on behalf
of the Town of Coventry with developers or other owners of land for
the engineering (design, review and inspection) and construction of
sewers by and at the expense of such developers or owners which sewers
may become part of the public sewer system under the conditions hereinafter
stipulated. The Town Council is empowered to make, from time to time,
any necessary regulations stipulating the terms and conditions of
said agreement consistent with the provisions of this chapter. The
conditions under which a permit agreement may be executed are as follows:
(1)
The president of the Town Council is authorized to sign on behalf
of the Town of Coventry all such agreements when the same have been
authorized by said Town Council.
(2)
The terms and text of an agreement for any particular project under § 191-5 of this chapter shall be as approved by the Town's legal counsel.
(3)
The Town shall specify in the terms of such agreements, or on plans
which are made a part thereof, the limits, sizes and grades of the
sewers to be built and the nature of and limitations on the waste
or liquids to be conveyed. All the terms of and all subsequent amendments
to this chapter shall be applicable to work done under such agreements.
(4)
Such agreements shall provide that the full cost of engineering (design,
review and inspection), and construction of the sewer and all expenses
incidental thereto shall be borne by the developer or owner who shall,
before commencing any work, deposit with the Finance Director of the
Town of Coventry a sum deemed by the Town or such engineers as the
Town may employ, to be sufficient to defray the cost of preliminary
surveys, of the preparation of designs and plans, of other expenses
of preliminary engineering, of inspection, supervisory engineering,
grade staking, measuring, testing and all other expenses of the Town
of Coventry incurred prior to or during construction, or during any
maintenance period stipulated, including allowances for pension, insurance
and similar costs related to payroll. Such agreements shall also provide
that, in case said deposit proves to be insufficient at any time during
the progress of the work, further deposit shall be made upon notification
by the Finance Director of said Town and that, upon acceptance of
the sewer, any unspent portion of said deposit shall be returned to
the developer or owner.
(5)
All such agreements shall provide that the developer or owner shall
assume all risks and hold the Town of Coventry or their agencies harmless
from any and all claims for damage arising from the work or its conduct.
To secure such risks, adequate liability, property damage and compensation
insurance in amounts fixed by the Town shall be required of the developer
or owner who shall furnish proper and acceptable certificates of insurance
before starting work.
(6)
The Town, whenever in its opinion there is possibility of loss by
the Town of Coventry by reason of failure of the owner or developer
to complete the work contemplated in the agreement, or any part thereof,
or to comply with any maintenance requirements, may require as a part
of said agreement that adequate bond or other surety acceptable to
the Town of Coventry be submitted to insure completion and maintenance
of the work.
(7)
Such agreements shall require, whenever the work is not in a duly
accepted public road, that adequate easements or rights-of-way be
conveyed to the Town of Coventry prior to the acceptance of the sewer,
the terms of conveyance being subject to the approval of the Town's
legal counsel.
(8)
After certification by the Town or such engineers as the Town may
employ, that any sewer constructed under the terms of this section
has been completed in accordance with the plans, specifications, and
standards of the Town of Coventry and that the maintenance period
fixed in the agreement has expired, and that all roadways, curbs,
walks and other surfaces and appurtenances disturbed by the work have
been properly restored, or that adequate security by bond or otherwise
has been furnished to assure such restoration, the Town may, by resolution,
incorporate said sewer into the Town's wastewater collection
system, to become effective as specified in such resolution.
A.
No person(s) shall discharge or cause to be discharged any unpolluted
waters such as stormwater, surface water, groundwater, well water,
roof runoff, subsurface drainage, swimming pool drainage, condensate,
deionized water, or noncontact cooling water to any sewer. Stormwater
runoff from limited areas, which stormwater may be polluted at times,
may be discharged to the sanitary sewer only with the permission of
the Town.
B.
Stormwater other than that exempted under this section, and all other
unpolluted drainage, shall be discharged to such sewers that are specifically
designated as storm sewers or to a natural outlet approved by the
Town and other regulatory agencies. Unpolluted cooling water or process
waters may be discharged, on approval of the Town, to a storm sewer,
or natural outlet.
C.
No person(s) shall discharge or cause to be discharged any of the
following described waters or wastes to any public sewers:
(1)
Pollutants which create a fire or explosive hazard in the POTW, including
but not limited to waste streams with a closed-cup flashpoint of less
than 140° F. (60° C.) using the test methods specified in
40 CFR 261.21, including any gasoline, benzene, naphtha, fuel oil,
or other flammable or explosive liquid, solid, or gas.
(2)
Any waters containing toxic or poisonous solids, liquids, or gases
in sufficient quantity, either singly or by interaction with other
wastes, to injure or interface with any waste treatment process, constitute
a hazard to humans or animals, create a public nuisance, or create
any hazard in the receiving waters of the wastewater treatment plant.
(3)
Any water or wastes having a pH lower than 6.0 s.u., or having any
other corrosive property capable of causing damage or hazard to structures,
equipment, and personnel of the wastewater facilities.
(4)
Solid or viscous substances in quantities or of such size capable
of causing obstruction to the flow in sewers, or other interference
with the proper operation of the wastewater facilities such as, but
not limited to, ashes, bones, cinders, sand, mud, straw, shavings,
metal, glass, rags, feathers, tar, plastics, wood, unground garbage,
whole blood, paunch manure, hair and fleshings, entrails and paper
dishes, cups, milk containers, etc., either whole or ground by garbage
grinders.
(5)
Well water from residential or nonresidential properties. Properties,
buildings, or dwellings served by private well will not be permitted
to discharge to the sewer collection system, unless a waiver is granted
by the Town and a meter, approved by the Town, is installed.
D.
No person shall discharge or cause to be discharged the following
described substances, materials, waters, or wastes if it appears likely
in the opinion of the Superintendent that such wastes can harm either
the sewers, sewage treatment process, or equipment, have an adverse
effect on the receiving stream, or can otherwise endanger life, limb,
public property, or constitute a nuisance. In forming its opinion
as to the acceptability of these wastes, the Town will give consideration
to such factors as the quantities of subject wastes in relation to
flows and velocities in the sewers, materials of construction of the
sewers, nature of the sewage treatment process, capacity of the sewage
treatment plant, degree of treatability of wastes in the sewage treatment
plant, and other pertinent factors. The substances prohibited are:
(1)
Wastewater having a temperature greater than 150° F. (65°
C.), or which will inhibit biological activity in the treatment plant
resulting in interference, but in no case, wastewater which causes
the temperature at the introduction into the treatment plant to exceed
104° F. (40° C.).
(2)
Fats, oils or grease of animal or vegetable origin in concentrations
greater than 100 mg/l.
(3)
Any garbage that has not been properly shredded. The installation
and operation of any garbage grinder equipped with motor of 3/4 horsepower
(0.76 hp metric) or greater shall be subject to the review and approval
of the Town. No nonresidential user shall operate a garbage grinder
unless specifically approved by the Town and may only be used in conjunction
with an in-ground grease interceptor specifically designed to accept
such waste.
(4)
Any waters or wastes containing iron, chromium, copper, zinc, and
similar objectionable or toxic substances; or wastes exerting an excessive
chlorine requirement, to such degree that any such material received
in the composite sewage at the sewage treatment works exceeds the
limits established by WWRWTF for such materials.
(5)
Any waters or wastes containing phenol or other taste or odor-producing
substances, in such concentrations exceeding limits which may be established
by the WWRWTF as necessary, after treatment of the composite sewage
to meet the requirements of the state, federal, or other public agencies
with jurisdiction for such discharge to the receiving waters.
(6)
Wastewater containing any radioactive wastes or isotopes except in
compliance with applicable state or federal regulations.
(7)
Any waters or wastes having a pH in excess of 10.
(8)
Materials which exert or cause:
(a)
Unusual concentration of inert suspended solids (such as, but
not limited to, Fuller's earth, lime slurries, and lime residues)
or of dissolved solids (such as, but not limited to, sodium chloride
and sodium sulfate).
(b)
Wastewater which imparts color which cannot be removed by the
treatment process, such as, but not limited to, dye wastes and vegetable
tanning solutions, which consequently imparts color to the treatment
plant's effluent, thereby violating West Warwick's RIPDES
permit.
(c)
Unusual BOD, total suspended solids, total nitrogen or total
phosphorus in such quantities as to constitute a significant load
on the sewage treatment works. Industrial surcharge requirements will
be assessed by the West Warwick Sewer Commission for BOD and total
suspended solids greater than 250 mg/l for each parameter. Total nitrogen
in excess of 40 mg/l and total phosphorus in excess of seven mg/l
will also be subject to industrial surcharges. Industries exceeding
these limitations shall be considered "significant" and shall require
permitting by the West Warwick Sewer Commission. Flow reflects each
industry's average daily discharge. In the event that loadings
to the WWRWTF approach capacity, the West Warwick Sewer Commission
reserves the right to place more stringent limitations on these parameters.
(d)
Miscellaneous pollutants limitations:
[1]
All permitted industrial facilities shall discharge miscellaneous
pollutants only in accordance with the limitations stated in their
permits.
[2]
Facilities subject to these regulations to which permits have
not yet been issued shall have, in these permits, permit limitations
for miscellaneous pollutants. Permits issued may set limitations that
shall not exceed those established in the West Warwick Sewer Use Ordinance.
(e)
Unusual volume of flow or concentration of wastes constituting
a "slug load" as defined herein.
(9)
Waters or wastes containing substances which are not amenable to
treatment or reduction by the sewage treatment process employed, or
are amenable to treatment only to such degree that the wastewater
treatment works effluent cannot meet the requirements of other agencies
having jurisdiction over discharge to the receiving waters.
(10)
Any noxious or malodorous liquids, gases or solids which either
singly or by interaction with other wastes are sufficient to create
a public nuisance or hazard to life or are sufficient to prevent entry
into the sewers for maintenance and repair.
(11)
Petroleum oil, nonbiodegradable cutting oil, or products of
mineral oil origin in amounts that will cause interference or pass-through.
(12)
Pollutants which result in the presence of toxic gases, vapors
or fumes within the WWRWTF in a quantity that may cause acute worker
health and safety problems.
(13)
Trucked or hauled pollutants, except at discharge points designated
by the Town.
(14)
Medical wastes.
(15)
Detergents, surface-active agents, or other substances that
might cause excessive foaming in the WWRWTF.
E.
All residential and nonresidential users must receive approval from
the Town before sewers can be connected to the public sewers.
F.
Discharges having deleterious effect.
(1)
If any water or wastes are discharged or are proposed to be discharged
to the public sewers, which waters contain the substances or possess
the characteristics enumerated in this section, and which in the judgment
of the Superintendent may have a deleterious effect upon the wastewater
facilities, processes, equipment, or receiving waters, or which otherwise
create a hazard to life or constitute a public nuisance, the Superintendent
may:
(2)
If the Superintendent permits the pretreatment or equalization of
waste flows, the design and installation of the plants and equipment
shall be subject to the review and approval of the Superintendent
and subject to the requirements of all applicable codes, regulations,
and laws.
G.
Grease, oil, and sand interceptors shall be provided when, in the
opinion of the Town, they are necessary for the proper handling of
liquid wastes containing amounts of grease and oil, or sand; except
that such interceptors shall not be required for private living quarters
or dwelling units. All such interceptors shall be of a type and capacity
approved by the Town, and shall be located as to be readily and easily
accessible for cleaning and inspection. In the maintaining of these
interceptors, the owner(s) shall be responsible for the proper removal
and disposal by appropriate means of the captured material and shall
maintain records of the dates, and means of the disposal which are
subject to review and approval by the Town. Any removal and handling
of the collected materials not performed by owner(s)' personnel
must be performed by properly licensed waste disposal firms.
H.
Where pretreatment or flow-equalizing facilities are provided or
required for any waters or wastes, they shall be maintained continuously
in satisfactory and effective operation by the owner(s) at his/her
expense.
I.
When required by the Town, the owner of any property serviced by
a building sewer carrying nonresidential wastes shall install a suitable
structure together with such necessary meters and other appurtenances
in the building sewer to facilitate observations, sampling, and measurement
of the wastes. Such structure, when required, shall be accessible
and safely located and shall be constructed in accordance with plans
approved by the Town. The structure shall be installed by the owner
at his/her expense and shall be maintained by him/her so as to be
safe and accessible at all times. The monitoring equipment shall be
located and maintained on the user's premises outside of the
building. When such a location would be impractical or cause undue
hardship on the user, the Town may allow such facility to be constructed
in the public street or sidewalk area, with the approval of the Town,
and located so that it will not be obstructed by public utilities,
landscaping, or parked vehicles. When more than one user can discharge
into a common sewer, the Town may require installation of separate
monitoring equipment for each user. When there is a significant difference
in wastewater constituents and characteristics produced by different
operations of a single user, the Town may require that separate monitoring
facilities be installed for each separate discharge. Whether constructed
on public or private property, the monitoring facilities shall be
constructed in accordance with the Town's requirements and all
applicable construction standards and specifications.
J.
All measurements, tests, and analyses of the characteristics of waters
and wastes to which reference is made in these regulations shall be
determined in accordance with 40 CFR Part 136. The user must collect
wastewater samples using twenty-four-hour flow-proportional composite
sampling techniques, unless time-proportional composite sampling or
grab sampling is authorized by the Town. Where time-proportional composite
sampling or grab sampling is authorized by the Town, the samples must
be representative of the discharge. Using protocols (including appropriate
preservation) specified in 40 CFR Part 136 and appropriate EPA guidance,
multiple grab samples collected during a twenty-four-hour period may
be composited prior to the analysis as follows: for cyanide, total
phenols and sulfides, the samples may be composited in the laboratory
or in the field; for volatile organics and oil and grease, the samples
may be composited in the laboratory. Composite samples for other parameters
unaffected by the compositing procedures as documented in approved
EPA methodologies may be authorized by the Town, as appropriate. In
addition, grab samples may be required to show compliance with instantaneous
limits. Samples for oil and grease, temperature, pH, cyanide, total
phenols, sulfides and volatile organic compounds must be obtained
using grab collection techniques. The number of grab samples required
will be determined by the Town. The samples shall be determined at
the control manhole provided, or upon suitable samples taken at said
control manhole. In the event that no special manhole has been required,
the control manhole shall be considered to be the nearest downstream
manhole to which the public sewer is connected.
No person(s) shall maliciously or willfully break, damage, destroy,
uncover, deface, or tamper with any structure, appurtenance or equipment
which is a part of the wastewater facilities. Any person(s) violating
this provision shall be subject to immediate arrest under charge of
malicious damage as set forth in the Rhode Island General Laws 1956,
as amended.
A.
The Town and its duly authorized representative(s), bearing proper
credentials and identification, shall be permitted to enter all private
properties for the purpose of inspection, observation, measurement,
sampling, and testing pertinent to discharge to the wastewater facilities
in accordance with the provisions of these regulations. Subsequent
to providing a certified letter to the owner of any property, the
Town and its duly authorized representative(s), bearing proper credentials
and identification, shall be permitted to enter all nonresidential
properties for the purpose of inspection, observation, measurement,
sampling, and testing pertinent to discharge to the wastewater facilities
in accordance with the provisions of these regulations. Subsequent
to providing a certified letter to the owner of any property, for
cause shown, the Town and its duly authorized representative(s), bearing
proper credentials and identification, shall be permitted to enter
all residential properties for the purpose of inspection, observation,
measurement, sampling, and testing pertinent to discharge to the wastewater
facilities in accordance with the provisions of these regulations.
B.
The Town and its duly authorized representative(s) is authorized
to obtain information concerning nonresidential processes which have
a direct bearing on the kind and source of discharge to the wastewater
facilities. The information and data on a user obtained from reports,
surveys, permit applications, and monitoring programs, and from the
Town's inspection and sampling activities, shall be available
to the public without restriction, unless the user specifically requests
(and is able to demonstrate to the satisfaction of the Town) that
the release of such information would divulge information, processes,
or methods of production entitled to protection as trade secrets under
applicable state law. Any such request must be asserted at the time
of submission of the information or data. When requested and demonstrated
by the user furnishing a report that such information should be held
confidential, the portions of a report which might disclose trade
secrets or secret processes shall not be made available for inspection
by the public, but shall be made available immediately upon request
to governmental agencies for uses related to the RIPDES program or
pretreatment program, and in enforcement proceedings involving the
person furnishing the report. Wastewater constituents and characteristics
and other effluent data, as defined in 40 CFR 2.302, shall not be
recognized as confidential information and shall be made available
to the public without restriction.
C.
The Town and its duly authorized representative(s), bearing proper
credentials and identification, shall be permitted to enter all private
properties through which the Town holds a duly negotiated easement
for the purpose of, but not limited to, inspection, observation, measurement,
sampling, repair, and maintenance of any portion of the wastewater
facilities lying within said easement. All entry and subsequent work,
if any, on said easement, shall be done in full accordance with the
terms of the duly negotiated easement pertaining to the private property.
The Town and its duly authorized representative(s), bearing proper
credentials and identification, shall have the right to enter the
premises of any user to determine whether the user is complying with
all requirements of this chapter and any wastewater discharge permit
or order issued hereunder. Users shall allow the Town and its duly
authorized representative(s) ready access to all parts of the premises
for the purposes of inspection, sampling, records examination and
copying, and the performance of any additional duties.
(1)
Where a user has security measures in force which require proper
identification and clearance before entry into its premises, the user
shall make necessary arrangements with its security guards so that,
upon presentation of suitable identification, the Town and its duly
authorized representative(s) shall be permitted to enter without delay
for the purposes of performing specific responsibilities.
(2)
The Town and its duly authorized representative(s) shall have the
right to set up on the user's property (or require installation
of such devices) as are necessary to conduct sampling and/or metering
of the user's operations.
(3)
The Town and its duly authorized representative(s) may require the
user to install monitoring equipment, as necessary. The facility's
sampling and monitoring equipment shall be maintained at all times
in a safe and proper operating condition by the user at its own expense.
All devices used to measure wastewater flow and quality shall be calibrated
at least annually to ensure their accuracy.
(4)
Any temporary or permanent obstruction to safe and easy access to
the facility to be inspected and/or sampled shall be promptly removed
by the user at the written or verbal request of the Town, and shall
not be replaced. The costs of clearing such access shall be borne
by the user.
(5)
Unreasonable delays in allowing the Town and its duly authorized
representative(s) access to the user's premises shall be a violation
of this chapter. If the Town and its duly authorized representative(s)
have been refused access to a building, structure or property, or
any part thereof, and is able to demonstrate probable cause to believe
that there may be a violation of this chapter, or that there is a
need to inspect and/or sample as part of a routine inspection and
sampling program of the Town designed to verify compliance with this
chapter or any permit or order issued hereunder, or to protect the
overall public health, safety and welfare of the community, the Town
may seek issuance of a search warrant.
A.
When the Town finds that user has violated, or continues to violate,
any provision of this chapter, a permit, or order issued hereunder,
or any other pretreatment standard or requirement, the Town may serve
upon that user a written notice of violation sent to the user via
certified letter. Within 30 days of the receipt of such notice, an
explanation of the violation and a plan for the satisfactory correction
and prevention thereof, to include specific required actions, shall
be submitted by the user to the Town Engineer. Submission of such
a plan in no way relieves the user of liability for any violations
occurring before or after receipt of the notice of violation. Nothing
in this section shall limit the authority of the Town to take any
action, including emergency actions or any other enforcement action,
without first issuing a notice of violation.
B.
Consent orders. The Town may enter into consent orders, assurances
of compliance or other similar documents establishing an agreement
with any user responsible for noncompliance. Such documents shall
include specific actions to be taken by the user to correct the noncompliance
within a time period specified by the document. Such documents shall
have the same force and effect as the administrative and shall be
judicially enforceable.
C.
Show-cause hearing. The Town may order a user which has violated,
or continues to violate, any provision of this chapter, permit, or
order issued hereunder, or any other pretreatment standard or requirement,
to appear before the Town and show cause why the proposed enforcement
action should not be taken. Notice shall be served on the user specifying
the time and place for the meeting, the proposed enforcement action,
the reasons for such action, and a request that the user show cause
why the proposed enforcement action should not be taken. The notice
of the meeting shall be served personally or by registered or certified
mail (return receipt requested) at least five days' prior to
the hearing. Such notice may be served on any authorized representative
of the user. A show-cause hearing shall not be a bar against, or prerequisite
for, taking any other action against the user.
D.
Compliance orders. When the Town finds that a user has violated,
or continues to violate, any provision of this chapter, permit, or
order issued hereunder, or any other pretreatment standard or requirement,
the Town may issue an order to the user responsible for the discharge
directing that the user come into compliance within a specified time.
If the user does not come into compliance within the time provided,
sewer service may be discontinued unless adequate treatment facilities,
devices, or other related appurtenances are installed and properly
operated. Compliance orders also may contain other requirements to
address the noncompliance, including additional self-monitoring and
management practices designed to minimize the amount of pollutants
discharged to the sewer. A compliance order may not extend the deadline
for compliance established for pretreatment standard or requirement,
nor does a compliance order relieve the user of liability for any
violation, including any continuing violation. Issuance of a compliance
order shall not be a bar against, or prerequisite for, taking any
other action against the user.
E.
Cease and desist orders. When the Town finds that a user has violated,
or continues to violate, any provision of this chapter, permit, or
order issued hereunder, or any other pretreatment standard or requirement,
or that the user's past violations are likely to recur, the Town
may issue an order to the user directing it to cease and desist all
such violations and directing the user to:
(1)
Immediately comply with all requirements; and
(2)
Take such appropriate remedial or preventive action as may be needed
to properly address a continuing or threatened violation, including
halting operations and/or terminating the discharge. Issuance of a
cease and desist order shall not be a bar against, or prerequisite
for, taking any other action against the user.
F.
Administrative fees.
(1)
When the Town finds that a user has violated, or continues to violate,
any provision of this chapter, permit, or order issued hereunder,
or any other pretreatment standard or requirement, the Town may fine
such user an amount not to exceed $7,500. Such fines shall be assessed
on a per-violation, per-day basis. In the case of monthly or other
long-term average discharge limits, fines shall be assessed for each
day during the period of violation.
(2)
A lien against the user's property shall be sought for unpaid
charges, fines and penalties.
(3)
Users desiring to dispute such fines must file a written request
for the Town Council to reconsider the fine along with full payment
of the fine amount within 30 days of being notified of the fine. Where
a request has merit, the Town may convene a hearing on the matter.
In the event the user's appeal is successful, the payment, together
with any interest accruing thereto, shall be returned to the user.
The Town may add the costs of preparing administrative enforcement
actions, such as notices and orders, to the fine.
(4)
Issuance of any administrative fine shall not be a bar against, or
prerequisite for, taking any other action against the user.
G.
Emergency suspensions. The Town may immediately suspend a user's
discharge, after informal notice to the user, whenever such suspension
is necessary to stop an actual or threatened discharge, which reasonably
appears to present, or cause, an imminent or substantial endangerment
to the health or welfare of persons. The Town may also immediately
suspend a user's discharge, after notice and opportunity to respond,
that threatens to interfere with the operation of the POTW, or which
presents, or may present, an endangerment to the environment.
(1)
Any user notified of a suspension of its discharge shall immediately
stop or eliminate its contribution. In the event of a user's
failure to immediately comply voluntarily with the suspension order,
the Town may take such steps as deemed necessary, including immediate
severance of the sewer connection, to prevent or minimize damage to
the POTW, its receiving stream, or endangerment to any individuals.
The Town may allow the user to recommence its discharge when the user
has demonstrated to the satisfaction of the Town that the period of
endangerment has passed, unless the termination proceedings of this
chapter are initiated against the user.
(2)
A user that is responsible, in whole or in part, for any discharge
presenting imminent endangerment shall submit a detailed written statement
describing the causes of the harmful contribution and the measures
taken to prevent any future occurrence to the Town prior to the date
of any show-cause or termination hearing. Nothing in this section
shall be interpreted as requiring a hearing prior to any emergency
suspension under this section.
H.
Termination of discharge.
(1)
Any user who violates this chapter, or the following conditions,
is subject to discharge termination:
(a)
Violation of permit conditions;
(b)
Failure to accurately report the wastewater constituents and
characteristics of its discharge;
(c)
Failure to report significant changes in operations or wastewater
volume, constituents and characteristics prior to discharge;
(d)
Refusal of reasonable access to the user's premises for
the purpose of inspection, monitoring, or sampling; or
(e)
Violation of the pretreatment standards.
(2)
Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under § 191-9I of this chapter why the proposed action should not be taken. Exercise of this option by the Town shall not be a bar against, or prerequisite for, taking any other action against the user.
I.
If the violation is not corrected by timely compliance, the Town
may order any person who causes or allows an unauthorized discharge
to show cause before the Town why service should not be terminated.
A notice shall be served 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 certified mail (return receipt requested) at least 30 days before
the hearing. Notice may be made on any agent or officer of a corporation.
J.
The Town may conduct the hearing and take the evidence, or may designate
any of its members or any officer or employee of the Town to:
(1)
Issue in the name of the Town Council notices of hearings requesting
the attendance and testimony of witnesses and the production of evidence
relevant to any matter involved in any such hearings.
(2)
Take the evidence.
(3)
Transmit a report of the evidence and hearing, including transcripts
and other evidence, together with recommendations to the Town for
action thereon.
K.
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.
L.
After the Town 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.
M.
Any discharge in violation of the substantive provisions of this
chapter or an order of the Town shall be considered a public nuisance.
If any person discharges sewage, nonresidential waste or other wastes
into the public sewer contrary to the substantive provisions of this
chapter or any order of the Town, the Town Solicitor may commence
an action for appropriate legal and/or equitable relief in the appropriate
court.
N.
The Town will publish an annual list of violators.
O.
Any person who is found to have violated an order of the Town who
willfully or negligently failed to comply with any provisions of this
chapter, and the orders, rules, and regulations issued hereunder,
shall be fined not less than $100 nor more than $7,500 for each offense.
Each day on which a violation shall occur or continue shall be deemed
a separate and distinct offense. In addition to the penalties provided
herein, the Town may recover reasonable attorneys' fees, court
costs, court reporters' fees, administrative fees, and other
expenses of litigation by appropriate suit of law against the person
found to have violated this chapter or the orders, rules and regulations
issued hereunder.
A.
General. Any owner, person, or user, found in violation of any part
of this chapter, 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, Commission order,
legal action and/or penalty costs.
B.
Compliance schedule. When the Town finds that a user has violated
or continues to violate the ordinance, 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 and/or
the West Warwick Sewer Commission for the cost of enforcing the permit,
including reasonable attorney's 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 attorney's and accountants'
fees incurred in defending or prosecuting any claim for any such liability,
loss, cost, expense or damage) suffered by the Town and/or the West
Warwick Sewer Commission and caused by discharges from the permittee,
either singly or by interaction with other wastes.
(3)
Violation of any of the following conditions may result in the revocation
of a wastewater discharge permit.
(a)
Failure to accurately and fully report the wastewater volume,
constituents, and characteristics of its discharge;
(b)
Failure to report significant changes in wastewater volume,
constituents, or characteristics;
(c)
Failure to allow Town personnel statutorily authorized access
for the purpose of inspection or monitoring;
(d)
Failure to pay any and all costs;
(e)
Violation of any condition of a permit or the chapter;
(f)
Failure to correct violations that have already resulted in
the suspension of the permit;
(g)
Failure to adhere to compliance schedule or order.
D.
Suspension of discharge. For nonresidential users the Town or the
West Warwick Sewer Commission may suspend the wastewater service and/or
a wastewater discharge permit when such suspension is necessary, in
the opinion of the Town or such Commission, in order to stop an actual
or threatened discharge which presents or may present an imminent
or substantial endangerment to the health or welfare or persons, to
the environment or causes interference or pass-through to the collection
system or wastewater treatment system.
(1)
Any person notified of a suspension of the wastewater treatment service
and/or 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 Town 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.
The Town shall reinstate the wastewater treatment service and/or permit
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 Town within 30 days of the date
of occurrence.
E.
Show-cause hearing.
(1)
If a violation is not corrected within the time frame mandated by
the Town, the Town may order any person who causes or allows an unauthorized
discharge to show cause before the Town why service should not be
terminated. A notice shall be served on the offending party, specifying
the time and place of a hearing to be held by the Town 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 by certified
mail (return receipt requested) at least 30 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, so recorded, will be made available to any member
of the public or any part of the hearing upon payment of the usual
charges.
(3)
After the Town 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 chapter or an order of the Commission 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 chapter or any order of the Commission, the Town
Solicitor shall commence an action for appropriate legal and/or equitable
relief in the Superior Court of this county.
G.
Penalty costs. Any person who is found to have violated an order
of the Town, who has failed to comply with any provision of this chapter,
permit, or order issued by the Town, shall be fined in accordance
with this chapter. In addition, the Town may recover reasonable attorneys'
fees, court costs, court reporters' fees, administrative fees,
and other expenses of litigation by appropriate suit at law against
the person found to have violated this chapter, permit, or order issued
by the Town.
A.
Board of sewer appeals. In order that the provisions of this chapter
may be reasonably applied and substantial justice done in instances
where unnecessary hardship would result from carrying out the strict
letter of this chapter, the Town Council shall establish a Board of
Sewer Appeals. The Board of Sewer Appeals shall consider appeals from
decisions of the Board of Sewer Commissioners and shall determine
in particular cases whether any deviation from the strict enforcement
of this chapter will violate its intent or jeopardize the public health
and safety. The Town Council must vote to approve or reject any decisions
by the Board of Appeals.
B.
Procedure. Any person aggrieved by any decision of the Town Council
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 Town Council 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.
If any provision, paragraph, word, section or article of this
chapter is invalidated by any court or competent jurisdiction, the
remaining provisions, paragraphs, words, sections, and articles shall
not be affected and shall continue in full force and effect.
All ordinances and parts of ordinances inconsistent or conflicting
with any part of this chapter are hereby repealed to the extent of
such inconsistency or conflict.
The following procedures have been established in order to recover
the cost of sewage works, including but not limited to treatment facilities,
planning, design, constructing, managing, operating, and maintaining
the wastewater treatment and collection systems. These costs shall
be recovered by the collection of assessments. Assessments are subject
to change as the associated costs change.
A.
Setting sewer assessment.
(1)
The Town Council shall, by ordinance amendment, adopt a sewer assessment
for real property (improved and unimproved) from time to time. The
sewer assessment shall be used for the purpose of recovering capital
cost of the Town's sewage works, including but not limited to
all or such portion of the Town's share of the capital cost of
the WWRWTF against residential and nonresidential properties. The
sewer assessment rates shall be established by the Town Council and
shall be available to the public prior to the commencement of any
sewer project. Sewer assessments may be paid in up to 30 annual installments,
pursuant to R.I.G.L. § 45-14-9.
B.
Notwithstanding the foregoing, all owners of properties in the Town
will have their sewer assessments deferred if the owner of such parcel,
within 10 years of the date of the sewer assessment, has installed
a new septic system, provided that such parcel shall remain subject
to assessment and shall begin paying such assessment when their septic
system fails (per RIDEM guidelines) and cannot be repaired.
C.
Parcels of real property (improved and unimproved) which are not
included in a specific sewered district not yet connected to the POTW,
but which, in the future, may connect into the POTW will be charged
a sewer assessment, upon connection to said POTW, as outlined in this
section.
D.
Residential and nonresidential sewer assessments.
(1)
The sewer assessments are as follows:
(a)
Residential assessments: not to exceed $15,000.
(b)
Nonresidential assessments:
[1]
Minimum assessment: 200 GPD x nonresidential rate/GPD.
[2]
All nonresidential properties with design flows between zero
to 6,000 GPD: daily design flow (GPD) x nonresidential rate/GPD.
[3]
All other nonresidential properties with design flows greater
than 6,000 GPD: 6,000 (GPD) x nonresidential rate/GPD + (each gallon
over 6,000 GPD x 0.70 x nonresidential rate/GPD).
(2)
The nonresidential assessment shall be based upon a unit rate ($)/daily design flow (GPD) for flows below 6,000 GPD. Where the daily design flow (GPD) exceeds 6,000 GPD, a reduced rate ($)/GPD will apply to each additional gallon of daily design flow over 6,000 GPD. All daily design flows are established by RIDEM regulations. All assessments will be in accordance with § 191-14.
(3)
For example, using a nonresidential rate of $80/GPD:
(a)
A nonresidential facility using 6,000 GPD will translate to:
6,000 GPD x $80/GPD = $480,000.
(b)
A nonresidential facility using 7,000 GPD will translate to:
6,000 GPD x $80/GPD + (1,000 GPD x 0.70 x $80/GPD) = $536,000.
(c)
Vacant land shall be assessed and subject to the minimum assessments
indicated in this section. The Town Council may defer assessment charges
for vacant land that is restricted and considered undevelopable if
supporting documentation is submitted proving such restriction, and
that assessment charges be paid when such property is available for
development, and provided a municipal lien be placed upon the property
at the time of initial assessment for the initial assessment amount.
E.
Assessments for real property located outside of the Town's boundaries requesting connection to the POTW shall be subject to assessments indicated in Subsections D and G. The parcel owner applying to connect to the POTW shall furnish a bond, at the owner's expense, with surety to the Town of Coventry, on the form furnished by said Town, with the application to connect to Town's sewer system. Assessment charges shall be paid in full prior to connecting to the POTW.
F.
Assessments for privately built sewers on private property. Notwithstanding any other provisions of this chapter, it is hereby determined that sanitary sewer lines built on private property by, and at the expense of, a private party shall be subject to assessments indicated in Subsection D.
G.
Betterment assessments shall apply to assessments for properties
serviced by public sewers, which are privately built, on public property
and to all properties that propose a change in use, or an increase
in daily flow (GPD), after the initial assessment date. Properties
that propose a change in use, or an increase in daily flow (GPD) after
the initial assessment date, are subject to both initial assessment
and betterment assessments.
(1)
Assessments for privately built sewers on public property. Notwithstanding
any other provisions of this chapter, it is hereby determined that
a public sanitary sewer line built by and at the expense of a private
party within an existing or proposed public highway or public right-of-way,
in which sanitary sewer is to become the property of the Town, and
connected to the POTW, the following betterment assessments shall
apply.
(a)
Residential betterment assessments: 50% of the cost of the betterment
will be assessed in the following manner for residential properties:
(b)
Nonresidential betterment assessments: 75% of the cost of the
betterment will be assessed in the following manner for nonresidential
properties:
[1]
Minimum assessment: 200 GPD x 0.25 nonresidential rate/GPD.
[2]
All nonresidential properties with design flows between zero
to 6,000 GPD (gallons per day): daily design flow (GPD) x 0.25 nonresidential
rate/GPD.
[3]
All other nonresidential properties with design flows greater
than 6,000 GPD (gallons per day): 6,000 (GPD) x 0.25 nonresidential
rate/GPD + (each gallon over 6,000 GPD x 0.175 x nonresidential rate/GPD).
(2)
All properties that propose a change in use, or an increase in daily flow, after the initial assessment date shall be subject to a betterment assessment as specified in Subsection G.
(3)
Betterment assessments for all properties that propose a change in
use, or an increase in daily flow, after the initial assessment date
will be billed as a secondary assessment, in addition to the initial
assessment, and shall be based upon the increased flow volume (GPD)
only.
H.
Assessments outlined in Subsection G shall be payable by the parcel owner annually over not more than 30 years, commencing the year following sewer installation, unless otherwise specified, interest on the unpaid balance shall be 0.5% greater than the rate at which the Town obtained the funds for each specific sewer project, to be computed by the Town Finance Director, for the project which brought the sewer line to the parcel, such same rate to apply to all outstanding payments until the assessment is paid in full, except that this amendment shall not apply to any payments in arrears as of the date of passage (July 8, 2019) of this amendment. Any assessment may be paid in full at any time; provided, however, that upon division of any parcel subject to an initial twenty-year sewer assessment, whether by subdivision, condominium, or any other division of the parcel subject to the twenty-year assessment, creates a new lot or unit which would otherwise be subject to a sewer assessment as provided in this chapter, or whenever a betterment assessment shall become due on any portion of or interest in such parcel, the entire outstanding balance of the twenty-year assessment shall become due immediately upon the transfer of any portion of or interest in such parcel. Unpaid assessments shall be liened and foreclosed upon in accordance with the general statutes governing the collection of taxes. Assessments for parcels outside of the Town's boundaries shall be paid in full by the parcel owner prior to connecting to the POTW.
I.
Sewer pumps. If it is necessary for the property owner to install
a grinder pump for an existing property, that is located along the
Town's low pressure sewer (LPS), the Town will credit the residential
property assessment charge in the amount of $5,000, and the nonresidential
property assessment charge in the amount of $9,000. If it is necessary
to install a grinder pump for an existing residential dwelling that
is located in a low lying area along the Town's gravity sewer
system, the Town will credit the residential assessment charge for
that property by the amount of $5,000. The property owner or agent
shall submit a plan proving to the Town that the property is too low
to connect to the Town's gravity system by conventional gravity
means. The plan shall identify, at a minimum, the future connection
from the lateral sewer to the building, including the elevation of
the building sewer at the street line, elevation of the finished first
floor, elevation of the top of foundation, elevation of the basement
floor, and elevation of the building drain to which the building sewer
would be connected. The owner of any parcel requiring a pump will
be responsible for the cost of furnishing, installing, operating,
maintaining, and servicing any pump that may be required. Any pump
proposed for use is required to be approved by the Town. The Town
will not provide a pump for any parcel of property.
J.
Future sewer users shall be notified by certified mail two years
in advance that the users' property will have access to the public
sewer use and that such property will be subject to assessment. Future
sewer users shall also be notified by certified mail six months in
advance of when project construction is scheduled to begin and when
the public sewer is available to the user for connection.
K.
Assessments collected in excess of the bond indebtedness shall be
retained in the Town's Sewer Fund to be used for capital improvements
projects. The funds within the Sewer Fund shall be retained in an
account for renewal and replacement of capital equipment and/or the
reduction of existing and future debt repayment. All assessed funds
shall be held in a special revenue account (Town of Coventry Sewer
Fund) under the custody of the Finance Director, Town of Coventry.
This fund shall be designated for use by the Town of Coventry for
sewer-related purposes.
The following annual charges for use of the sewerage system
of the Town of Coventry are hereby established, to be paid by every
person, firm or corporation whose particular sewer enters into said
system.
A.
The cost of operation and maintenance of the complete sewer system
shall be financed solely from sewer customer charges.
B.
A sewer charge shall be levied to each user upon connection to the
public sewage system. The service charge shall be based upon the quantity
of water used at the premises of the user as measured by the water
meter in use thereat, except as otherwise hereinafter provided.
C.
For residential and nonresidential users, the rates and charges for each billing period shall be determined by each user's annual water use, or design flow (GPD), for that period. The usage rates, charges and fees shall be established from time to time by Town Council resolution. Assessments shall be established by ordinance only, per § 191-14. The Council may establish a minimum amount per billing period which all users must pay for which a maximum contribution of wastewater is allowed. The minimum amount per billing period shall be equal to 50% of the design flow (GPD) for that period multiplied by the current rate charges when meter readings from Kent County Water Authority are not available. When meter readings become available, the usage bill for the following period will be adjusted in accordance with Subsection D.
D.
Property supplied with water service from the Kent County Water Authority
shall be subject to wastewater usage charges based upon 80% of the
water meter reading as determined by the Kent County Water Authority.
Property without service from Kent County Water Authority shall be
subject to usage charges of 100% of the design flow (GPD) unless a
Town-approved meter is installed and readings are provided to, and
verified by, the Town. Meter verification is subject to a minimum
charge established by the Town and the Town Engineer.
E.
Nonresidential users exceeding the limits set forth herein for BOD
and total suspended solids, total nitrogen and total phosphorus concentrations
shall be surcharged with rates established by the West Warwick Sewer
Commission.
F.
In the event a lot, parcel of land, building or premises discharging
sanitary sewage or other liquids into the Town sewage system either
directly or indirectly, is not a user of water in the whole supplied
by public or private water utility, then, in each such case the consumption
shall be set at 100% of the design flow unless a Town-approved meter
is installed and readings are provided to, and verified by, the Town.
Meter verification is subject to a minimum charge established by the
Town and the Town Engineer. The Town must be notified if and when
a property has water service from a well.
G.
In the event two or more lots, parcels of real estate residences,
dwelling units or buildings discharging sanitary sewage water or other
liquids into the sanitary sewage system of the Town are users of water
and the quantity of water is measured by a single water meter, then,
in each case for billing purposes, the minimum charge for the sewer
rates and charges shall be multiplied by the number of lots, parcels
or real estate, residences, dwelling units, or buildings served through
the single water meter.
H.
Charges for the sewage disposal service shall be billed and collected
by the Town.
I.
Outside meters. In the event water is used for purposes which do
not enter the Town sewage system, including but not limited to water
used in pools and sprinkler systems, the owner of such premises may,
at his own expense, install such meter as shall be approved by the
Town and the Town Engineer for the measurement of water so used in
order that a proper allowance may be made, and the sewage service
charge reduced accordingly. The Town and the Town Engineer may set
policies and procedures for documentation of outside water usage.
J.
The rates and charges may be billed to the tenant or tenants occupying
the property serviced, but such billing shall in no way relieve the
owner or owners from liability in the event payment is not made as
herein required. The owners of property served which are occupied
by tenants shall have the right to examine the collection records
of the Town for the purpose of determining whether such rates and
charges have been paid by such tenants, provided that such examination
shall be made at the office in which the records are kept and during
the regular business hours of such office.
K.
Each charge or service fee levied pursuant to this chapter is hereby
made a lien upon the corresponding lot, land or premises served by
the connection to the sanitary sewage system of the Town. Failure
to pay said charge or service fee within the prescribed period of
time, such charge or fee shall then be collected as other Town taxes
are collected. The official record of the Town shall constitute notice
of penalty and of said lien as herein provided.
L.
All money collected under the provisions of the chapter shall be
deposited in a sewage enterprise fund and expenditures from which
are to be made only for maintenance, operation, administration, debt
service and other related sewage system expenses.
M.
The Town, in addition to the other remedies provided by this chapter,
may institute legal proceedings to collect overdue sewer service charges.
Penalties may be added to the original sewer bill for late payment
which penalties shall be set by Town Council resolution.
These regulations may be rescinded or modified or added to by
the Town Council at any time when, in its opinion, such action is
for the best interests of the Town of Coventry.
Construction of all sewer connections within the Town shall
be performed only by drain layers who are licensed in the Town of
Coventry and who shall furnish a bond with surety to the Town of Coventry
on the form furnished by said Town.
In areas where the Town determines that the expansion of the sewer system through use of gravity sewer lines is impracticable, the Town may authorize the construction of sewer lines which can be used only by means of pressure pumps on the property of individual users. Such lines shall be called low-pressure sewers (LPS). Any property along a LPS shall be subject to assessment charges in accordance with § 191-14.
A.
Any person who applies for connection to a LPS shall be required
to obtain approval from the Town for any pump(s) to be used by that
person necessary for connection to the LPS prior to installation.
Any pump proposed for use is required to be approved by the Town.
A.
Owners of privately owned wastewater facilities shall maintain the
system in good working order and operate as efficiently as possible.
Proper operation and maintenance shall include, but not be limited
to, effective performance based on facility design, adequate operator
staffing and training 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 Town Engineer
and the RIDEM as soon as possible, but not exceeding 24 hours of discovery
of the event; a written report must be submitted to the Town Engineer
and RIDEM not more than five business days of the event's ending.
B.
The owner shall submit (for review and approval by the Town) an operations
and maintenance plan describing standards, procedures, and emergency
procedures by which the wastewater treatment facility will be staffed,
operated and maintained during normal and emergency conditions. Should
development of the plan include the practice of engineering, the plan
must then be prepared and certified by a registered professional engineer
registered in the State of Rhode Island.
C.
The owner of a new wastewater treatment facility shall submit an
operations and maintenance plan to the Town for review and approval
prior to commencement of the construction of the new wastewater treatment
facility.
D.
The owner of an existing wastewater treatment facility, without an
approved plan, must submit to the Town a plan and specifications,
for approval by the Town, to comply with the requirements herein within
six months of the promulgation of this chapter. The contents of the
plan shall include, at a minimum, the following:
(1)
Description and schematics of the entire wastewater treatment facility.
This description and schematic must include:
(a)
Sewer line maps of the collection system, which will include,
but not be limited to, the overall service area, pipe, diameter, distances
between centers of manholes, slope or direction of flow, and the locations
of the system's components (i.e., pump station).
(b)
A summary of all design criteria, including capacity calculations
for the wastewater treatment facility.
(c)
A site plan depicting the location of the buildings, utilities
and property line. The plan shall be formatted in geodetic coordinates
(NAVD 1983, NAD 1988). The as-built plans shall be submitted electronically
in AutoCAD format 2000 or later and in paper format with an original
stamp. The plan shall include the entire collection system to the
municipal system. Such systems may include a private system not owned
by the owner of the connection collection system. All easements must
also be indicated on the plan.
(2)
Descriptions of, and detailed operating procedures for, pump station
and/or treatment processes and major and essential equipment, including
sampling and monitoring equipment (if required).
(3)
A preventative maintenance plan for the pump station, collection
system or treatment facility.
(4)
A list of supplies and essential spare parts necessary to be kept
on site for normal and emergency use throughout the wastewater treatment
facility.
(5)
A staffing plan, whether the positions are full- or part-time, and
required grade of licensure, as stated by any rules and regulations
promulgated by the Rhode Island Board of Certification of Operators
of Wastewater Treatment Facilities.
(6)
A security system.
(7)
Emergency procedures and reporting requirements in case of power
outages, natural disaster, labor shortage, equipment failure, acts
of terrorism/vandalism or sanitary sewer overflow. Reporting requirements
shall include verbal notification to the Rhode Island Department of
Environmental Management, and the Town, if applicable, as soon as
possible but not exceeding 24 hours of discovery of the event; a written
report must be submitted not more than five business days of the event's
ending.
(8)
Emergency contact information shall be posted on or near the pump
station so as to be visible from a public access area. A contact list
must also be provided to the Town Engineer and the Superintendent
which shall include: owner's contact information, facilities'
contact person information, monitoring service contact information,
contract services contact information and preferred vendor's
information and any other contact which may be required to mitigate
or control a sewer overflow.
(9)
A monitoring plan for force main systems which includes, at a minimum,
redundant level control and failure notification. An hour meter is
required for each pump.
These regulations shall be in full force and effect from and
after their passage, approval, recording, and publication as provided
by law.
A.
Purpose of Program.
(1)
The purpose of the Waterman/Fiske Assessment Program (the "Program")
shall be established by the Coventry Department of Human Services
(the "Department") to provide assistance to the poor and needy of
Coventry. The Program is designed to alleviate undue burden to Coventry
citizens caused by a sewer assessment. Acceptance into the program
may be based on Asset Guidelines or Income Guidelines. Assistance
shall be limited to Coventry residents and available only for new
sewer assessments made after January 1, 2020. An applicant may receive
an award only once and only under one set of guidelines: asset or
income.
(2)
The Program is available for single-family residential property owners,
having Tax Classification Codes 01 or 02 only, and in no case available
to commercial property. An applicant must be current in all real estate
and excise taxes in order to qualify for assistance. An applicant
may apply to the Asset Approach, Income Approach, or both within the
first year; however, application to the program is limited to one
year from the date of the assessment letter.
B.
Asset guidelines.
(2)
The Department shall make a complete assessment of the property value
through the Coventry Assessor's Office. The total assessed value
of the property shall be used to determine the proportion of the burden
of the added cost of the sewer assessment. If the total sewer assessment
is greater than 15% total assessed value of the property, the owner
of the property shall qualify to apply to the Program. If the owner
believes the value of the property is less than provided by the Town
Assessor, the owner may request that the Town Assessor, within six
months of the assessment letter date, review the property and validate
assessment.
(3)
The portion of the sewer assessment greater than 15% of the property
assessed value, as previously defined, shall be the only portion of
the sewer assessment for which relief may be sought through the Waterman/Fiske
Funds under the asset guidelines. The funds awarded to the applicant
will be applied to the initial payment of the sewer assessment only.
C.
Income guidelines.
(1)
Any person seeking assistance from the Program through an income-based
approach must:
(2)
The Department shall verify that the applicant's income falls
below the Federal Poverty Level, as established by the State of Rhode
Island for its Rite Care or Rite Share Program, as may be amended
from time to time. Further, the Department shall make a complete assessment
of all assets available to the applicant. Assets include, but are
not limited to, investments, retirement accounts, savings CDs, home
equity, any real estate other than one's primary residence, valuables,
collectibles, etc. Any person seeking assistance from the Program
must meet the asset guidelines established by the Rhode Island Medicaid
Program, amended from time to time. No applicant may transfer assets
to another in order to qualify for a disbursement from the Program,
and all applicants are subject to the Look Back provisions established
within the Medicaid Program.
(3)
The total funds available to be applied to sewer assessment payments
under the income approach shall be administered under the same parameters
provided under the Waterman/Fiske Assistance Program. Priority to
applicants will be based on those qualifying under the Income Guidelines.
Upon determination the applicant qualifies for assistance through
the Income Guidelines, Waterman/Fiske Sewer Assistance Funds may be
applied to the first quarter sewer assessment payment only. After
acceptance into the Program, in no instance may an applicant reapply
for use of Waterman/Fiske Sewer Assistance Funds in order to be applied
to future assessment payments.
D.
Funds.
(1)
The Program shall be funded with the income received by the Waterman
and Fiske Trust Funds, by and through the Town Council of the Town
of Coventry, in accordance with the Waterman and Fiske Trusts.
(2)
Once funds are approved and appropriated to the Program by the Coventry
Town Council, such funds shall be disbursed by the Finance Director
of the Town of Coventry or the investment firm holding the trust assets,
as may be appropriate and necessary, into an account held by the Department.
(3)
This account shall, at all times, be segregated from any other funds
held by the Department, and in no event shall be commingled with any
other account.
E.
Accounting.
(1)
The Department shall keep a record of all approved applications and
disbursements.
(2)
The Department shall maintain an individual file regarding all applicants
to the Program. This record shall include proof of residency, income
verification, asset verification, and any other information used by
the Department in determining the needs of the applicant.
F.
Disbursement of funds.
(1)
The Department shall be required to disburse funds directly to the
vendor or provider of the services or need sought by the applicant,
whenever possible. Funds will be disbursed according to first-come-first-served,
with priority of payment and processing given to those applying under
the income approach.
(2)
All funds from the Waterman/Fiske Trust may be appropriated for relief
to qualified applicants only, and no funds may be used for any other
purpose.
(3)
Each check disbursed by the Department shall require two signatures,
one being the Director of the Department and the other being the Coventry
Finance Director.
G.
Limitation of annual appropriation from the Waterman/Fiske Fund.
(1)
Notwithstanding any other subsection of this section to the contrary,
in no event shall the annual appropriation from the Waterman/Fiske
Trust to the Department exceed 15% of the total new sewer project
assessments levied by the Town in a calendar year, or $100,000, whichever
shall be less. This limitation shall apply regardless of the number
of the approved sewer assessment applications approved by the Department
in such year. Nothing in this section shall be construed as requiring
the Town Council to appropriate any amount to the Program, as all
appropriations are within the sole discretion of the Town Council
as duly established by the Waterman/Fiske Trusts themselves.
(2)
The $100,000 limitation shall be adjusted for inflation, annually,
after the beginning of the Town's fiscal year, according to the
Consumer Price Index published for the Northeast region (or equivalent),
as certified by the Town Finance Director in writing to the Town Manager.
H.
Fund balance administration.
(1)
The Director of the Department, or his/her designee, shall provide
the Town Council of Coventry, and its successors and assignees, a
detailed accounting of the funds that have been distributed and funds
remaining in the Program. Fund transfers shall be at the beginning
of each fiscal year and shall primarily be derived from interest income
generated from the Waterman/Fiske Investment Fund. In the event interest
income is insufficient to fully fund the Program, the Coventry Sewer
Enterprise Fund will donate proceeds to ensure opening principal balance.
