[HISTORY: Adopted by the Town Council of
the Town of Charlestown 9-12-1994 by Ord. No. 197;[1] amended 10-24-1994 by Ord. No. 198. Subsequent amendments
noted where applicable.]
GENERAL REFERENCES
Temporary sanitary facilities — See Ch. 172.
[1]
Editor's Note: This ordinance also repealed
former Ch. 210, Wastewater Management District, adopted 9-14-1992
as Ord. No. 187.
The Charlestown Town Council hereby finds that,
without proper operation and maintenance, individual sewage disposal
systems (ISDS) or septic systems will eventually fail. ISDS failure
poses a risk to public health and a potential contamination source
to the surface and ground waters of the state. The purpose of this
section is to establish a Wastewater Management District (WWMD), in
accordance with the provisions of Chapter 45-24.5 of the Rhode Island
General Laws, to ensure that ISDS are properly operated, regularly
inspected and routinely maintained to prevent malfunctioning systems
and to operate as an alternative to municipal sewer systems and to
further the purpose of Chapter 46-13-2 of the Rhode Island General
Laws which relates to the drilling of drinking water wells.
B.
ALTERATION
BEDROOM
(1)
(2)
BLACK WATER
BUILDING RENOVATION
BUILDING SEWER
CESSPOOL
CHANGE OF USE
DEPARTMENT OR DEM
DIRECTOR
DISPOSAL BED
DISPOSAL TRENCH
DISTRIBUTION BOX
DISTRIBUTION LINE
DIVISION
DOSING TANK
FAILED SYSTEM
(1)
(2)
(3)
(4)
FILLED SYSTEM
FRESHWATER WETLAND
GREY WATER
HIGHLY PERMEABLE
HUMUS TOILET
IMPERVIOUS
INDIVIDUAL SEWAGE DISPOSAL SYSTEM OR ISDS
INVERT
LEACHING CHAMBER
MAINTENANCE
MAXIMUM GROUNDWATER TABLE ELEVATION
ORIGINAL GROUND
OWNER
PACKAGE TREATMENT PLANT
PERCOLATION TEST
PERSON
PRIVATE WELL
PRIVY
PROPERTY IMPROVEMENT
PUBLIC DRINKING WATER SUPPLY WELL OR PUBLIC WELL
PUBLIC WATER SYSTEM
REPAIR
RESIDENCE
ROTTEN ROCK
SANITARY SEWAGE
SEEPAGE PIT
SEPTAGE
SEPTIC SYSTEM
SEPTIC TANK
SHORELINE FEATURE
(1)
(2)
(3)
(4)
(5)
(6)
SIPHON
SLOPE OR GRADE
SPECIALLY ENGINEERED SYSTEM
STORM DRAIN
STRUCTURE
SUBDIVISION
SUBDIVISION LAYOUT
SUBSURFACE DRAIN
TEST PIT
TIDAL WATER OR TIDEWATER
WASTEWATER
WASTEWATER MANAGEMENT DISTRICT (WWMD)
WATERCOURSE
As used in these rules and regulations, the following
terms shall, where the context permits, be construed as follows:
Any modernization, modification or change in the size or
type of an existing individual sewage disposal system, including but
not limited to any work performed in connection with a building renovation
and/or change of use of that building; also including any work performed
to accommodate any increase in sewage flow to that system.
Any room in a residential structure which is
greater than seventy (70) square feet in area, which is susceptible
to present or future use as a private sleeping area and which has
at least:
In determining the number of bedrooms contained
in any residence, it shall be presumed that all residences contain
a living room, kitchen, bathroom and at least one (1) bedroom.
That portion of sanitary sewage constituted substantially
of human or animal excrement.
Any addition, replacement, demolition and reconstruction
or modification of an existing structure.
The pipe which begins outside the building wall and extends
to any place or mechanism of sewage disposal, including but not limited
to a cesspool, leaching chamber, septic tank or pressure or gravity
sewer leading to a leaching system.
Any buried chamber, including but not limited to any metal tank, perforated concrete vault or covered hollow or excavation, which receives discharges of sanitary sewage from a building sewer for the purpose of collecting solids and discharging liquids to the surrounding soil. "Cesspools" are not an approved method of sewage disposal under these regulations, and all existing "cesspools" are considered to be substandard. [Also see § 210-6A(3)(b).]
Refers to any change in use or occupancy of any structure
or part thereof which would violate any provision of the Rhode Island
State Building Code, Rhode Island General Laws, Chapter 23-27.3, as
amended, and/or any regulation promulgated pursuant thereto without
first obtaining the approval of the appropriate building official
and/or without the issuance of a certificate of occupancy indicating
that the structure complies with the provisions of the State Building
Code for the proposed new use.
The Rhode Island Department of Environmental Management.
The Director of the Rhode Island Department of Environmental
Management or any subordinate(s) to whom the Director has delegated
the powers and duties vested in him/her pursuant to Rhode Island General
Laws, Chapters 46-12 and 42-17.1, as amended, or any other duly authorized
agent.
A shallow excavation in the ground, backfilled with stone,
in which perforated distribution lines, or other suitable distribution
devices, are laid and over which a cover of earth is placed.
A shallow ditch with vertical sides, filled with stone, in
which a single perforated distribution line, or other suitable distribution
devices, is laid and over which a cover of earth is placed.
A watertight compartment which receives septic tank effluent
and distributes it in approximately equal portions to two (2) or more
pipelines leading to some type of seepage system.
A perforated pipe or other suitable distribution device used
to disperse septic tank effluent.
The Rhode Island Department of Environmental Management's
Division of Groundwater and ISDS.
A watertight structure equipped with one (1) or more siphons
or pumps designed to discharge sewage intermittently into a seepage
system.
Any sewage disposal system that does not adequately treat
and dispose of sewage that consequently creates a public or private
nuisance or threat to public health and/or environmental quality,
as evidenced by, but not limited to, one (1) or more of the following
conditions:
Failure to accept sanitary sewage into the building
sewer.
Discharge of sanitary sewage to a basement,
subsurface drain, surface drain or surface water unless expressly
permitted by the Department.
Sanitary sewage rising to the surface of the
ground over or near any part of an individual sewage disposal system
or seeping down-gradient from the absorption area at any change in
grade, bank or road cut.
Any deterioration or damage to any individual
sewage disposal system that would preclude adequate treatment and
disposal of wastewater. (For example, contact between the bottom of
the ISDS and the water table or damage from a vehicle driven over
the leach field.)
Any system where the groundwater table is less than four
(4) feet from the original ground surface and depth to ledge is less
than six (6) feet from the original ground surface.
Defined as set forth in Rhode Island General Laws, Section
2-1-20(d), as amended, and as further defined by the Department's
Rules and Regulations Governing the Administration and Enforcement
of the Freshwater Wetlands Act. The term shall further be held to
include those wetland types defined by the remainder of Section 2-1-20
and the wetland regulations, including but not limited to marshes,
swamps, bogs, ponds, rivers, river and stream floodplains and banks,
areas subject to flooding or stream water, including rivers and streams,
and that area of land within fifty (50) feet of the edge of any bog,
marsh, swamp or pond or that area within one hundred (100) feet of
a flowing body of water less than ten (10) feet wide or that area
within two hundred (200) feet of a flowing body of water greater than
ten (10) feet in width.
Any wastewater discharge from a structure, excluding the
waste discharges from water closets and waste discharge containing
human or animal excrement.
Any gravel and/or coarse sand fill or naturally occurring
soil with a percolation rate (equivalent permeability) faster than
three (3) minutes per inch.
Any self-contained toilet from which no liquid or solid waste
materials are regularly discharged and from which a humus-like end
product is produced.
Any ledge, shale, bedrock or rotten rock and, for the purpose
of these regulations, any soil with a percolation rate slower than
forty (40) minutes per inch.
Any system of piping, tanks, disposal areas, alternative
toilets or other facilities designed to function as a unit to convey,
store, treat and/or dispose of sanitary sewage by means other than
discharge into a public sewer system.
The lowest portion of the interior of a pipe or fitting.
Any of a number and type of shallow, hollow, open bottom
structures with perforated sidewall into which septic tank effluent
is discharged for leaching into the ground.
The regular cleaning of any leaching chamber, cesspool, septic
tank, building sewer, distribution lines or any other component of
an ISDS for the purpose of removing any accumulated liquid, scum and/or
sludge. The term "maintenance" shall also be held to include any regularly
required servicing or replacement of related mechanical, electrical
or other equipment.
The elevation of the water table that is observed when the
groundwater is at its highest level during the year or highest level
observed in past years when such information is available.
Those soils or other natural geological features which have
been deposited or developed by natural processes.
Any person who alone or jointly or severally with others
holds legal title to any real property or has possession or control
of any real property through any agent, executor, executrix, administrator,
administratrix, trustee or guardian of the estate of a holder of a
legal title or has possession or control through any lease or purchase
and sale agreement. Each such person is bound to comply with the provisions
of these rules and regulations.
A modular treatment facility of the extended aeration type,
which design shall be consistent with criteria set forth for the activated
sludge process in Guides for the Design of Wastewater Treatment Works
(NEIWPCC, TR-16, latest edition) or other acceptable design standards.
The effluent shall normally be disposed of into the soil through a
surface sand filter.
A test to determine the absorption capacity of the soil.
Includes any individual, group of individuals, firm, corporation,
association, partnership or any federal or municipal governmental
entity.
Any man-made opening into the ground developed for the purpose
of meeting all or part of a person's potable water needs, provided
that said well does not supply a public water system.
Any facility used for a toilet lacking the flushing aid of
water and consisting of a pit or vault into which the waste matter
falls.
Any structure or residence, as defined herein, or any other
building, construction, excavation or other man-made feature added
or to be added to a raw, unimproved-improved parcel of real property.
Any man-made opening into the ground developed for the purpose
of meeting all or part of the needs of a public water system.
Any water system that provides piped water to the public
for human consumption, provided that such a system has at least fifteen
(15) service connections or serves an average of twenty-five (25)
individuals daily at least sixty (60) days out of the year. A "public
water system" shall include all sources and facilities involved in
collecting, treating, storing and distributing the water.
Work performed on an ISDS in order to mend or remedy a specific
defect or deficiency after the failure, injury, deterioration or partial
destruction of a previously existing ISDS or component thereof. A
"repair" shall not include any work performed on an existing ISDS
which increases the flow capacity of the system.
Any structure used for housing purposes, including but not
limited to single- or multiple-family dwellings, duplexes, tenements,
apartment buildings, condominiums, mobile homes, recreational vehicles
or trailers.
Any highly decomposed but still coherent rock, including
but not limited to highly weathered granitic bedrock.
Any human or animal excremental liquid or substance, any
putrescible animal or vegetable matter and/or any garbage and filth,
including but not limited to any grey water or black water discharged
from toilets, laundry tubs, washing machines, sinks and dishwashers,
as well as the content of septic tanks, cesspools or privies.
A covered pit with open jointed sidewalls and bottom from
which septic tank effluent or waste containing little or no solids
is leached into the soil.
The solid and/or liquid materials which are pumped from an
ISDS.
For the purpose of this ordinance, a septic system is analogous
to an individual sewage disposal system.
A watertight receptacle which receives the discharge of sewage
from a building sewer and is designed and constructed to permit the
deposition of settled solids, the digestion of the matter deposited
and the discharge of the liquid portion into a leaching system.
Includes, but shall not be limited to, the following:
BARRIER BEACHESNarrow strips of land made of unconsolidated material, usually extending parallel to the coast and separated from the mainland by a coastal pond, tidal water body or coastal wetland. In most cases, "barrier beaches" contain dunes or dune fields. The lateral limits of "barrier beaches" are defined by the area where unconsolidated sand or cobble abut rock, glacial till or other sediments unrelated to deposits made by the forces of the wind and water. This definition of a barrier beach system is commonly associated with many geomorphic descriptions. These descriptions include, but are not limited to, barrier islands, bay barriers and spits. Spits are further described as tombolo, shingle, cuspate and flying spits. The terms "bar" and "ridge" were once used to describe a barrier system but have since been replaced with the term "barrier."
COASTAL BEACHESIncludes expanses of unconsolidated, usually unvegetated-vegetated sediments that are commonly subject to wave action. They generally parallel the coastal trend and extend from low water landward to an upland rise, usually the foot of a dune, cliff, bank or man-made structure.
DUNESHills, mounds or ridges of sand formed by wind action and usually follow the general coastal trend immediately inland of a coastal beach. "Dunes" which are undisturbed are usually vegetated with beach grass and shrubs.
COASTAL CLIFFS, BLUFFS AND BANKSThe seaward face of any elevated land form directly abutting coastal waters, a beach, coastal wetland or rocky shore.
MAN-MADE SHORELINESCharacterized by man-made shoreline protection structures and other alterations that have affected the shoreline to such an extent that natural shoreline features are no longer dominant.
ROCKY SHORESIncludes naturally occurring shorelines composed of bedrock ledge or cobble or boulder-strewn areas, extending from below the mean water mark to above the mean high water mark. These areas frequently contain tide pools.
A hydraulic device designed to discharge the contents of
a dosing tank rapidly when a predetermined level is reached.
The rate of rise or fall of a pipeline or of the ground surface
in reference to a horizontal plane. "Slope or grade" is commonly referred
to as "rise over run," a measurement which is a function of the rise
or fall of the pipe or ground surface (as measured in inches or feet
or a metric equivalent) divided by the linear distance over which
the rise or fall occurs (as measured in inches or feet or a metric
equivalent, respectively).
Any ISDS which does not meet the location, design or construction
requirements as provided by these regulations but which, through additional
field testing, calculations and other engineering evaluations, may
be demonstrated to comply with the intent of these regulations.
Any pipe or structure designed to collect, carry and/or divert
surface runoff.
Any residence (as defined herein), building, garage, shack,
trailer or other permanent or semipermanent facility, whether commercial
or noncommercial in use, which is proposed to be placed or has been
built or otherwise placed on a parcel of real property.
Three (3) or more contiguous lots of record under common
ownership or the division of a single lot or parcel of land into three
(3) or more lots or other divisions of land for the purpose of making
said lot(s) more susceptible to present or future development, sale
or transfer.
Any proposed design or arrangement of lots, roads, structures,
easements, utilities or other features to be incorporated into a subdivision.
Any system of below-surface piping and/or highly permeable
material intended to lower the water table of an area. A foundation
drain is a category of "subsurface drain" for the purpose of protecting
the building foundation.
An open pit dug to permit an examination of the soil profile
and to determine the elevation of the groundwater table.
Any watercourse, coastal wetland, freshwater wetland, river,
stream, brook, pond, lake, swamp, marsh, bog, fen, wet meadow or any
other standing or flowing body of water affected by the tides.
Wastewater is analogous to sanitary sewage.
All or a portion of one (1) or more cities or towns where
the proper operation and maintenance of an ISDS will be required in
accordance with the provisions of an adopted ordinance which defines
the district.
Any river, stream, brook, pond, lake, swamp, marsh, bog,
fen, wet meadow, tidewater or any other standing or flowing body of
water.
Citations such as SD 2.01, SD 2.02, etc., reference
the relevant sections of the RI DEM ISDS Regulations.
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SD 2.00 -
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Construction, Renovation and/or Change of Use
of Structures Using Individual Sewage Disposal Systems
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(a) No person shall begin any building construction,
building renovation and/or change of use of any structure from which
sewage is being or will have to be disposed of by means of an individual
sewage disposal system including improvements which will result in
increased sewage flow, without first obtaining the Director's written
approval in accordance with this section.
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I. CONSTRUCTION OF NEW STRUCTURES:
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Whenever an applicant proposes to construct
a new structure from which sewage will be disposed of by means of
an individual sewage disposal system, an Application for New System
shall be made in accordance with SD 2.01 (b)(1) and SD 2.02, below.
All Applications for New Systems shall conform with all requirements
under these regulations.
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(a) Construction of New Structures in Subdivisions
- No person shall begin construction of any new structure in a subdivision
located in an area where sewage will have to be disposed by means
of an ISDS until he/she has applied for and obtained a Certification
of Site Suitability from the Director in accordance with SD 18.00
et seq. An approved Certification of Site Suitability shall not operate
as an approval for the construction of any ISDS as required by SD
2.01.
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II. BUILDING RENOVATIONS AND CHANGES OF
USE TO EXISTING STRUCTURES:
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Whenever an applicant proposes any building
renovation or change of use (as defined in SD 1.00) of an existing
structure from which sewage is disposed of by means of an ISDS, an
Application for a System Suitability Determination shall be made.
For the purposes of this section, the term "building renovation" shall
also be defined as including any addition, replacement, demolition
and reconstruction, or modification of an existing structure on the
subject property which:
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(a) Results in an increase in sewage flow into
the system*; or
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(b) Affects fifty (50) percent or more of the
floor space of the existing structure; or
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(c) Is valued at greater than twenty-five (25)
percent of the current replacement value of the subject structure where the existing sewage disposal system is a cesspool. For the purposes of this section, current replacement value may
be established by using the BOCA cost index, or the owner may provide
the pre-renovation replacement value as established by a qualified
appraiser or estimator.**
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*NOTE: All sewage flows shall be
determined in conformance with State ISDS regulations.
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**NOTE: The Department recommends
that whenever an owner proposes a building renovation or change of
use of a structure using a cesspool-type or privy ISDS, that the owner
consider proceeding directly to an Application for Alteration under
SD 2.01(b)(2) rather than applying for a System Suitability Determination
(see SD 2.00 (a) (4) below).
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III. APPLICATION FOR SYSTEM SUITABILITY
DETERMINATION:
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An application for System Suitability Determination
shall be required as specified in SD 2.00 (a)(2), above, in order
to determine whether the existing individual sewage disposal system
is suitable for the purposes proposed by the applicant. In reviewing
any Application for system Suitability Determination, the Director
may consider the cumulative effects resulting from past Change of
Use Applications, Applications for System Suitability Determination,
building permits and/or deed restrictions relating to the subject
property. After reviewing an Application for System Suitability Determination,
the Director shall determine whether the existing system:
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(a) Is suitable to adequately dispose of the
proposed sewage flows so as to protect the public health and the environment;
or
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(b) Is unsuitable and requires an approved Application
for New System or Application for Alteration, in conformance with
SD 2.01 (b) (1) or 2.01 (b) (2), respectively, and SD 2.02 before
the proposed building renovation or change of use may be allowed.
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IV. SYSTEM SUITABILITY DETERMINATIONS
FOR STRUCTURES SERVED BY CESSPOOLS:
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Cesspools are defined by these regulations to
be a substandard method of sewage disposal. Accordingly, any Application
for System Suitability Determination relating to a structure serviced
by a cesspool which is filed for review with the Department pursuant
to SD 2.00 (a)(2) and (3), above, will be presumed to be unsuitable
and an application for New System or Alteration will be required in
accordance with SD 2.00 (a)(3)(B), above.
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(a) For System Suitability Determinations required
under SD 2.00 (a)(2)(C) only, the Department's presumption of unsuitability
may be rebutted by supplying the Department with affirmative engineering
and geohydrological data indicating that the cesspool functions adequately
to protect the public health, public interest and the environment
in accordance with these regulations.
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(b) In rebutting the Department's presumption
of unsuitability, the applicant shall be required to demonstrate the
following minimum criteria and setback requirements:
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(i) 75 feet to private well
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(ii) 200 feet to public well
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(iii) 3 feet separation between seasonal high
groundwater table and the bottom of stone under cesspool
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(iv) 200 feet to surface drinking water supply
or tributary stream or drain thereto
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(v) 150 feet to critical resource area as defined
in these regulations
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(vi) Fecal coliform measured in groundwater
within 50 feet of cesspool does not exceed an MPN of 10 per 100 ml
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(vii)No history of sewage overflow or other
septic system failure
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V. EXCEPTIONS TO REQUIREMENT FOR APPLICATION
FOR SYSTEM SUITABILITY DETERMINATION:
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No Application for System Suitability Determination
shall be required where a valid permit for New System or Alteration
exists at the time of the issuance of the building permit and the
ISDS design approved by said permit accounts for the proposed improvements
to be performed.
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(b) Issuance of Building Permits for Activities
Requiring Approval Under These Regulations - A municipality shall
not issue a building permit pursuant to R.I. General Laws, Chapter
23-27.3, as amended, unless all written approvals by the Director
required by these Regulations have been presented to the municipality
and said approvals are valid at the time of the issuance of the building
permit.
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SD 2.01 - Applications for the Installation
of New Systems or for the Alteration or Repair of Existing Individual
Sewage Disposal Systems
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(a) No person shall install, construct, alter
or repair or cause to be installed, constructed, altered or repaired
any individual sewage disposal system without first obtaining the
Director's written approval of the plans and specifications for such
work. Certifications of Site Suitability approved in accordance with
SD 18.00 et seq. shall not be construed to operate as an approval
for the construction of any ISDS.
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(b) Applications for the installation of new
individual sewage disposal systems and for the alteration and/or repair
of existing individual sewage disposal systems shall include the following
applications:
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1. Application for New System: All Applications
for New Systems shall be made in conformance with all requirements
under these regulations. Applications not in conformance with these
regulations may be approved only through the variance procedures set
forth in SD 20.00 through SD 20.03. An Application for a New System
shall be made whenever an applicant proposes to:
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(a) Construct a new structure from which sewage
will have to be disposed of by means of an individual sewage system;
or
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(b) Modify an existing structure, not previously
permitted to dispose of sewage, so as to require the disposal of sewage
to an individual sewage disposal system; or
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(c) Increase sewage flow to an existing system
by an amount greater than twenty-five (25) percent of the original
design flow; or
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(d) Improve an existing residence through the
addition of more than one bedroom; or
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(e) Change the use of a structure in conformance
with SD 2.00 (a)(2)(A) and, as a prerequisite thereto, has been required
to install a New System as the result of a System Suitability Determination.
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2. Application for Alteration: An Application
for an Alteration of an existing individual sewage disposal system
shall be made whenever an applicant proposes a change in the size
of an ISDS, a modification of an ISDS, or a building renovation or
change of use (as defined in SD 1.00) of a structure discharging sewage
into the system.
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(a) The phrase "change in size", as used herein,
shall mean any physical alteration to a system which will allow the
system to accommodate:
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(i) In the case of a residence, the additional
sewage flow resulting from the addition of not more than one bedroom;
or
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(ii) In all other cases, an increased flow of
sewage in an amount less than or equal to twenty-five (25) percent
of the design flow.
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(b) Changes in size which will accommodate increased
sewage flows resulting from more than one bedroom or in an amount
greater than twenty-five (25) percent of the design flow must obtain
a permit for a New System in conformance with SD 2.01 (b) (1), above.
All sewage flows will be determined in conformance with SD 3.00.
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(c) The phrase "modification of an ISDS", as
used herein, shall mean a change in the type of system or a modernization
of an existing system.
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(d) An Application for Alteration shall be made
when required by the Individual Sewage Disposal System Program in
response to an Application for System Suitability Determination, as
described in SD 2.00 (a)(2).
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(e) If necessary, certain requirements under
these regulations may be relaxed in accordance with the variance procedures
set forth in SD 20.00 through 20.03, provided that such modification
is consistent with public health protection and protection of the
environment. In reviewing any request for variance from these regulations,
the protection of the public health and the environment shall be given
priority over all other considerations.
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3. Application for Repair: An Application for
Repair of any individual sewage disposal system, or any component
thereof, shall be made when an existing system or component has failed,
as defined by SD 1.00.
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(a) An Application for Repair shall not propose
any construction, building renovation or change of use of a structure
pursuant to SD 2.00.
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(b) An Application for Repair shall not propose
any increase in the original design flow of the system. Sewage flows
shall be determined in conformance with SD 3.00.
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(c) The approval of an Application for Repair
shall not authorize any building renovation of any structure.
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(d) Applicants shall meet the requirements of
these regulations to the greatest extent possible. If necessary, certain
requirements under these regulations may be relaxed at the discretion
of the Director, provided that such modification is consistent with
the protection of the public health and the environment. In reviewing
any request for relaxation of these regulations, the protection of
the public health and the environment shall be given priority over
all other considerations.
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This ordinance shall be applicable to every
owner of premises that has an individual sewage disposal system or
is proposing to install an ISDS. In no way do the provisions of this
ordinance abrogate the powers and duties of the Coastal Resources
Management Council or the Department of Environmental Management to
their responsibilities for the management of wastewater systems.
The Wastewater Management District will regulate
the operating and maintenance of all ISDS within the Town of Charlestown.
A.
Pumping of individual sewage disposal systems.
[Amended 3-9-1998 by Ord. No. 209]
(1)
The contents and equipment of an ISDS located within
the WWMD shall be inspected and pumped out if such inspection deems
that pumping is necessary. Pumping schedules shall be set by the WWMD
Wastewater Management Commission. Inspections shall occur at a minimum
frequency of once every three (3) years.
(2)
Based on the following criteria, pumping schedules
for ISDS may be set as determined by the WWMD Wastewater Management
Commission. At no time, however, may an ISDS pumping schedule be less
than once every six (6) years. Those ISDS owners are subject to ISDS
inspection and reporting requirements.
(3)
Threshold criteria for review of ISDS pumping schedule
and ISDS maintenance.
(a)
ISDS operating within its designed capacity and use. Using data from any ISDS inspection, together with site data such as soils and water table and household information obtained from an owner/occupant and any inspection records and reports (see § 210-7, ISDS inspections), the ISDS is:
[1]
Properly functioning, the ISDS owner may petition
the WWMD Wastewater Management Commission to revise his/her pumping
to a less frequent level.
[2]
Not properly functioning, the WWMD Wastewater
Management Commission may require that the ISDS be pumped out at a
more frequent level and that measures be taken to mitigate this finding.
The WWMD Wastewater Management Commission will notify the ISDS owner
of any deliberations it is considering which apply to this provision
and work with the owner to meet the intended requirements. Such requirements
include recommended corrective actions. If no negotiations can be
made, the WWMD Wastewater Management Commission will notice the owner
and require that an application be submitted to the RI DEM for the
necessary permit to repair/alter the system, if necessary. Such application
must be made within sixty (60) days of the Commission's notice.
(b)
Cesspools. When the initial inspection record
and report find that a cesspool exists and that such cesspool is not
adequately treating septage in accordance with this ordinance, the
cesspool will be considered a failed system and the RI DEM will be
notified of such. The WWMD Wastewater Management Commission will notify
the owner and require that an application be submitted to the RI DEM
for the necessary permit to repair the system. Such application must
be made within sixty (60) days of the Commission's notice. If a cesspool
is found by the WWMD Wastewater Management Commission to be adequately
treating septage, the Commission shall not notify RI DEM as a matter
of policy but shall keep such information on record for use in determining
priority areas for upgrading ISDS and/or future sewers.
(c)
Privies. Construction of new privies is prohibited.
B.
Septage disposal. Septage or contents pumped from
an ISDS shall be discharged at a wastewater treatment facility approved
by the Department of Environmental Management for this purpose. All
pumpers licensed by the town must show evidence of having the ability
to discharge at such a facility.
C.
Improper discharges to ISDS. The discharge of rain
spouts, basement sumps or any other drains to an ISDS is prohibited.
D.
Acid and organic chemical septic tank additives. The
use or disposal of acids or any organic chemical solvents in an ISDS
is prohibited by RI DEM.
E.
Impervious surfaces. The location of swimming pools,
patios, driveways or other impervious surfaces over leaching areas
is prohibited without the approval of the Department of Environmental
Management.
F.
Garbage disposals. Garbage disposal discharges to
an ISDS shall be discouraged, since such discharges add unnecessary
solids to an ISDS.
G.
Trees and shrubs. The owner shall keep trees and shrubs
at a minimum of ten (10) feet from the leaching area to minimize the
likelihood that roots will clog or disrupt the ISDS.
H.
Accessibility. The owner shall maintain his/her ISDS
so that it is accessible for inspection and maintenance.
This ordinance authorizes the passage of authorized
representatives of the town, the WWMD Wastewater Management Commission
or their designees and septage haulers licensed by the Wastewater
Management Commission onto private property when necessary for the
periodic inspection, pumping, maintenance and repair of ISDS.
A.
Inspection frequency.
(1)
All ISDS shall be subject to an on-site inspection
by the WWMD or its designee at a minimum of once every three (3) years
or more frequently as determined by the WWMD Wastewater Management
Commission. All new ISDS may be subject to inspection by the WWMD
to ensure proper site maintenance during construction. Frequency of
inspection would be determined as set forth in Section 6.1A(1).
(2)
Inspections will also occur at the regularly scheduled
pumping for each ISDS as set by the WWMD Wastewater Management Commission,
but may also occur at other times set by the WWMD. At no time, however,
will ISDS inspections occur at a frequency of less than once every
three (3) years. Inspection other than those which occur at the regularly
scheduled pumping may result from a complaint, the need to spot check
the ISDS, or the need to follow up on previous pump-out(s) and/or
inspection reports that suggest that an ISDS needs additional inspections.
Criteria for additional inspections are as set forth in Section 6.1A(1).
B.
Inspection records.
(1)
ISDS inspection notices (Subsection A) shall contain the following informational requirements, developed by the WWMD Wastewater Management Commission and provided by the homeowner. The information will include, but not be limited to, occupancy of household (number of persons and/or seasonal use; rental property and schedule of rental occupancy; and condition of ISDS: RI DEM-approved system or cesspool) and will also include that information found below at Subsection B(2), Inspection records. The homeowner will provide as much information as possible. The remaining criteria will be completed by the WWMD Wastewater Management Commission, its inspector and/or agent. The purpose of this information is to obtain basic ISDS and site data that will be used in conjunction with the actual ISDS pumping to assist the WWMD Wastewater Management Commission in its determinations as to whether or not an ISDS pumping schedule warrants change.
(2)
The WWMD shall maintain a record of each ISDS inspected,
including:
(a)
Owner' s name.
(b)
Street address or utility pole number.
(c)
Telephone number.
(d)
ISDS location (rough sketch, yet accurate representation
of location of system, including swing ties from the foundation to
the septic tank cover and other critical components of the system).
(e)
Date(s) of previous maintenance.
(g)
Approximate size of tank.
(h)
Physical condition of inlet and outlet baffles.
(i)
Evidence of leakage into or out of tank.
(j)
Evidence of backup of effluent.
(k)
Distance between bottom of grease/scum layer
and the bottom of the outlet baffle.
(l)
Condition of surface vegetation.
(m)
Presence of garbage disposal device.
C.
Inspection reports.
(1)
A written report detailing the results of the inspection
shall be kept on file with the WWMD and sent to the homeowner. The
report is sent to the homeowner for his/her review and to allow for
data collected during inspection to be updated/revised, based on submittal
of convincing evidence. If the inspection reveals a malfunctioning
ISDS, the owner shall be given a written notice of the WWMD Wastewater
Management Commission' findings. A copy of said report shall also
be sent to the DEM, Division of Groundwater and ISDS. The owner shall
be given sixty (60) days to contact the DEM and apply for a permit
to repair or replace the system, if necessary. A time limit to complete
any needed repairs or alterations shall be established on a case-by-case
basis.
(2)
If a system has not failed but requires pumping, the
owner shall be required to show proof that the ISDS has been pumped
within thirty (30) days of inspection. A receipt from the pumper shall
constitute adequate proof. In cases of failure, the aforementioned
notification process to the WWMD Wastewater Management Commission
neither replaces nor precludes the obligation of the owner to notify
the Rhode Island Department of Environmental Management, the Rhode
Island Department of Health or the Coastal Resources Management Council.
A.
Appointment of Wastewater Management Commission.
(1)
Upon enactment of this section, the Town Council of
the Town of Charlestown shall appoint a seven-member Wastewater Management
Commission whose duty it shall be to oversee the administration of
the Wastewater Management District.
[Amended 8-15-2006 by Ord. No. 295]
(2)
Initially, one (1) Commissioner shall be appointed
to serve for one (1) year; one (1) Commissioner shall be appointed
to serve for two (2) years; one (1) Commissioner shall be appointed
to serve for three (3) years; one (1) Commissioner shall be appointed
to serve for four (4) years; and one (1) Commissioner shall be appointed
to serve for five (5) years. Any additional appointments made to the
commission shall serve an initial appointment of between 1 to 5 years
ascending in order from one (1) year to a five (5) year appointment
chronologically as any new initial members are appointed. Thereafter,
each Commissioner's term shall be for five (5) years.
[Amended 8-15-2006 by Ord. No. 295]
(3)
Annually, the Wastewater Management Commission shall
elect a Chairman and Vice Chairman from among its members.
(4)
No person who is not a resident of the Wastewater
Management District shall be eligible to serve as a Commissioner.
(5)
Commissioners shall serve without compensation but
shall be entitled to reimbursement for actual expenses incurred in
the performance of their duties.
B.
Powers and duties of Wastewater Management Commission.
(1)
Meetings of the Wastewater Management Commission shall
be held at the call of the Chairman or Vice Chairman or by the vote
of three (3) members. The Chairman or, in the absence of the Chairman,
the Acting Chairman shall be empowered to administer oaths and compel
the attendance of witnesses.
(2)
It shall be the duty of the Wastewater Management
Commission, without limitation, to:
(a)
Supervise the administration of a program of
surface water and groundwater protection through maintenance and inspection
of individual sewage disposal systems as authorized by this ordinance
and Title 45, Chapter 24.5, of the Rhode Island General Laws.
(b)
Develop rules and regulations for the implementation
of the ordinance.
(c)
Recommend to the Director of Public Works and
Town Administrator the appointment of such staff as may be necessary
to implement and effectuate the efficient operation of the Wastewater
Management District. Said staff will be subordinate to the Director
of Public Works and form a component of the Department of Public Works.
(d)
Render declaratory rulings regarding the rights
and obligations of any person or owner of property that is subject
to the requirements of this section.
(e)
Hear and decide appeals from any violation notice
issued pursuant to this section.
(f)
Levy fines for violations pursuant to this section.
[Added 5-10-2004 by Ord. No. 252]
A.
Authority. This section has been drafted in accordance
with and under the authority of the State of Rhode Island General
Laws, Title 45, Chapter 24.5, entitled "Towns and Cities; Wastewater
Management Districts." Nothing in this section replaces or precludes
any obligation of the landowner to comply with any other laws or regulations
of the Rhode Island Department of Environmental Management, or its
successor, or any other State agency with jurisdiction over wastewater
management systems.
B.
Findings. The Charlestown Town Council hereby finds
the following facts in support of the establishment of these Rules
and Regulations. All documents and findings listed in the Charlestown
Wastewater Management District Ordinance and these Rules and Regulations
are incorporated herein by reference:
(1)
The Charlestown Comprehensive Community Plan; Land
Use Element, Natural and Cultural Resources Element, Community Facilities
Element.
(2)
The Charlestown Zoning Ordinance.
(3)
The Charlestown Land Development and Subdivision Regulations.
(4)
The record of proceedings established by the Charlestown
Wastewater Management Commission in its establishment of these Rules
and Regulations.
(5)
RI DEM rules and regulations establishing minimum
standards relating to the location, design, construction and maintenance
of individual sewage disposal systems.
C.
Purpose. The Town of Charlestown hereby finds that,
without proper operation, maintenance and management, individual sewage
disposal system (ISDS septic systems or on-site systems) will perform
poorly or eventually fail. ISDS failure or poor performance poses
a risk to public health and a potential contamination source to the
surface and ground waters of the state. The purpose of this section
is to establish a Wastewater Management District (WWMD), in accordance
with the provisions of Chapter 45-24.5 of the Rhode Island General
Laws, to insure that ISDS are properly operated, regularly inspected,
routinely maintained, and administratively managed to prevent malfunctioning
systems and to operate as an alternative to municipal sewer systems
and to further the purpose of Chapter 46-13-2 of the Rhode Island
General Laws which relates to the construction and protection of drinking
water wells. These rules and regulations provide the technical and
administrative procedures governing implementation of the Charlestown
Wastewater Management Ordinance.
D.
ACCESS RISER
CHARLESTOWN WASTEWATER MANAGEMENT PROGRAM (CWMP)
CONTAMINANT
DIRECTOR
EFFLUENT
EFFLUENT FILTERS
ENHANCED TREATMENT SYSTEMS
GROUNDWATER PROTECTION OVERLAY DISTRICTS (GPOD) OR WASTEWATER
MANAGEMENT DISTRICT(S) (WWMD)
HANDBOOK
HAZARDOUS WASTE OR MATERIALS
(1)
(2)
(3)
INDIVIDUAL SEWAGE DISPOSAL SYSTEMS (ISDS)
ISDS INSPECTIONS
(1)
(2)
(3)
ISDS INSPECTOR
(1)
(2)
(3)
MAINTENANCE
PACKAGE TREATMENT PLANT SYSTEM
PERSON
RI DEM
TREATMENT PERFORMANCE STANDARDS
WASTEWATER
WASTEWATER MANAGEMENT COMMISSION
WASTEWATER MANAGEMENT DISTRICT ADMINISTRATIVE FEE
ON-SITE WASTEWATER SPECIALIST
WELLHEAD PROTECTION AREA
Definitions. Any term not defined herein shall be
governed by the definition as it appears in the current RI DEM Rules
and Regulations Establishing Minimum Standards Relating to the Location,
Design, Construction and Maintenance of Individual Sewage Disposal
Systems (hereinafter ISDS Regulations).
A structurally sound and watertight inspection port or manhole,
which at its lowest point attaches to a septic tank or other component
of an ISDS and extends upward to the ground's surface, allowing visual
inspection and where necessary physical access to the ISDS for the
purposes of maintenance and repair.
A town-wide program, created by the Ordinance/Rules and Regulations,
of various zoning and subdivision regulations, ordinances, educational
programs, management practices and financial incentives that are designed
to help protect the integrity of Charlestown's ground and surface
water through the proper management, design, siting, installation
and maintenance of an ISDS.
Any physical, chemical, biological or radiological substance
which enters the hydrological cycle through human action and may cause
a deleterious effect on ground and/or surface water resources; it
shall include but not be limited to hazardous waste, nutrients, pathogens
and sanitary sewage.
The Director of the Rhode Island Department of Environmental
Management or any subordinate(s) to whom the Director has delegated
the powers and duties vested in her/him pursuant to Rhode Island General
Laws, Chapters 46-12 and 42-17.1, as amended, or any other duly authorized
agent.
Sewage, water or other liquid, partially or completely treated
or in its natural state, flowing out of any component of an ISDS or
flowing over the ground's surface or beneath the ground in groundwater.
A filter installed on the outlet side of a septic tank that
traps solids to prevent them from carrying over to the distribution
box and soil absorption system.
On-site wastewater treatment that uses advanced treatment
technologies (i.e.: innovative and alternative systems), which provide
for enhanced removal of one or more contaminants (e.g. nutrients,
microorganisms, BOD, TSS) as compared to conventional septic systems.
The zoning district(s) defined to overlay other zoning districts
in the Town of Charlestown. This district(s) may include all of Charlestown
or specifically designated recharge areas that collect precipitation
or surface water and carry it to groundwater aquifers. The purpose
of the overlay district(s) is to protect public health and safety
and to restore and preserve Charlestown's natural resources by minimizing
contamination of groundwater, including of shallow/superficial and
bedrock aquifers that provide water to existing and potential sources
of drinking water supplies and natural resources that could be used
for swimming, shellfishing, boating or other contact use, and provide
water to Charlestown's critical natural resources that support important
coastal and river habitats, tourism, economy, real estate, recreation,
and other high quality of life attributes.
The Rhode Island Department of Environmental Management's
Septic System Check-Up: The Rhode Island Handbook for Inspection,
as may be amended from time to time.
Wastes or materials which include, but are not
limited to, those which are toxic, corrosive, flammable, or reactive;
Wastes as defined in the Rhode Island Hazardous
Waste Management Act, Section 23-19.1-4 or in any regulation or amendment
adopted pursuant thereto; and/or
As defined under Section 3.25 of the Rhode Island
Department of Environmental Management Rules and Regulations for Hazardous
Waste Generation, Transportation, Treatment, Storage and Disposal.
Also, see Section 210-2, Definitions; this regulation further defines ISDS to include many on-site decentralized treatment systems including individual (single property) on-site wastewater treatment systems (i.e., septic systems), small community (multiple properties) on-site systems, small treatment plant or 'package treatment plant' systems (see definition below), innovative and alternative enhanced treatment systems (see definition above), and linked configurations or combinations of on-site decentralized systems, that discharge treated wastewater effluent to below ground surface through subsurface distribution pipelines or through sand filters (or other media bed filters) placed atop of the ground surface to infiltrate to below the ground to recharge groundwater aquifers. ISDS also include all types of cesspools as defined in this regulation and § 210-2, Definitions, and in Rhode Island DEM's regulations or ISDS inspection guidelines, and are considered to be substandard treatment systems. ISDS do not include systems with an exposed discharge above the ground surface or to any surface water of the state and require separate discharge permits from RI DEM.
One of three types of ISDS inspections that may be undertaken
to gather baseline information, assess maintenance needs, determine
the condition of an ISDS at the point of home sale, or determine the
cause of ISDS failure. At a minimum, these inspections are consistent
with or follow the inspection procedures, methods, materials, etc.
in the Rhode Island DEM's The Rhode Island Handbook for Inspection
and Inspection Report Forms.
First maintenance (baseline) inspection: The
initial inspection performed on an ISDS and site to gather baseline
information including condition, function, performance and other information.
First maintenance inspections involve the location of system components
and more detailed data gathering that may not be necessary for subsequent
routine inspections. Also, see Subsection F(1)(a), Inspections.
Routine maintenance inspection: An inspection
of an ISDS and system site to determine the need for pumping, establish
future inspection schedules and to assess whether any repairs or adjustments
are necessary. Also, see Subsection F(1)(b), Inspections.
Change of ownership inspection (includes "point
of sale," and at a minimum is consistent with the "functional inspection"
in the RI DEM Handbook for Inspection): The inspection is conducted
when the title or ownership of property having as ISDS is expected
to be transferred/changed. It provides information on the location,
condition, function and performance of the system to prospective owner(s).
It may be conducted as part of a house or home, multiresidential or
commercial building inspection by qualified ISDS inspectors. Also,
see Subsection F(1)(c), Inspections.
An individual person who has completed and successfully passed:
University of Rhode Island's (URI) Conventional
Septic System Inspection Short Course (INSP 100, or revised title)
to qualify for inspecting conventional on-site systems only;
The University of Rhode Island's Innovative
and Alternative Septic System Inspection Course (INSP 200, or revised
title) to qualify for inspecting enhanced innovative and alternative
on-site systems; or
Equivalent, as determined by the Commission.
|
Qualified inspectors must provide the CWMC with
a valid and current certificate of liability insurance for the amount
of $1,000,000 and has been approved by the Charlestown Wastewater
Management Commission.
|
The periodic cleaning of any leaching chamber, cesspool,
septic tank, building sewer, distribution lines, or any other component
of an ISDS for the purpose of removing any accumulated liquid scum
and/or sludge. The term "maintenance" shall also mean any regularly
required or intermittent servicing, adjustment, replacement or repair
of mechanical, electrical or other equipment (such as float switches,
pumps, electronic controls, filters, ultraviolet disinfection units,
etc.) for proper system operation to functionally perform at a level
of treatment for which the system was designed to meet either 1) conventional
treatment system requirements or effluent treatment performance standards,
or 2) to meet enhanced innovative and alternative treatment system
requirements or treatment performance standards specified for wastewater
management districts under this regulation.
A modular or small engineered treatment facility of state-approved
design and construction which collects and treats wastewater effluent
from multiple dwellings or commercial establishments, a neighborhood,
subdivision development, small village, etc., and which discharges
treated effluent to infiltrate below the ground surface to recharge
groundwater resources. For purposes of the on-site Wastewater Management
District Ordinance, package treatment plants are considered ISDS.
Any individual, group of individuals, firm, corporation,
association, partnership, or private entity, including a district,
county, city, town, or other government unit or agent thereof, and
in the case of a corporation, any individual having active and general
supervision of the properties of such corporation.
The State of Rhode Island, Department of Environmental Management
or its successor organization.
Any numerical effluent limits, treatment specifications,
technologies, processes, system components, effluent handling, etc.,
required under the Wastewater Management District Ordinance/Rules
and Regulations for the specified management district area, for treating
contaminated ISDS sewage effluent prior to discharging treated effluent
below the ground surface at an acceptable quality to protect and recharge
Charlestown's groundwater aquifers, surface waters, wetlands and other
natural resources. New ISDS installations are required to meet specified
treatment performance standards for the Wastewater Management District.
Any human or animal excremental liquid or substance, putrescent
animal or vegetable matter, garbage, or filth, including the discharge
of toilets, laundry tubs, washing machines, sinks, dishwashers, and
the contents of septic tanks, cesspools, or privies.
The Charlestown Wastewater Management Commission (CWMC) whose
duty it shall be to oversee the administration of the Wastewater Management
District.
A nominal fee paid by on-site ISDS owners dedicated to maintaining
the administrative functions required under the Charlestown Wastewater
Management District Ordinance/Rules and Regulations, including, but
not limited to, the wastewater management specialist and function,
notification postage, outreach and education, system tracking and
geographic information mapping, and other functions common to a utility
entity consistent with this section.
An individual hired, contracted or otherwise approved by
the town of Charlestown as its wastewater specialist to serve as the
principal coordinator or program administrator of Charlestown's Wastewater
Management District program under the Wastewater Management District
Ordinance/Rules and Regulations. The duty of the specialist shall
be to oversee the daily administration of the Charlestown Wastewater
Management District Ordinance, and whose duties are partially described
in § 210.8.1E(1)(a) through (d), and to coordinate activities
with the Town Building Code Officer, Town Planner, Town Administrator,
Town Council and others.
The critical portion of a three dimensional zone surrounding
a public well or well field, through which water will move towards
and reach such well or well field as designated by the Director of
RI DEM or as adopted by the Town.
E.
Program administration.
(1)
Charlestown Wastewater Management Commission and On-site
Wastewater Specialist:
(a)
The Wastewater Management Commission shall oversee the Wastewater Management District and this Ordinance/Rule and Regulation. The On-site Wastewater Specialist may serve as the Wastewater Management Commission's designee and is responsible for the day-to-day operation of the program. The duties of the On-site Wastewater Specialist shall be in conformance with the Charlestown Wastewater Management Ordinance, these regulations, see § 210-8.1D(22), and the attached duties description in E(1)(b) through (d) below, and consistent with the key wastewater and Town administrative duties, see below.
(b)
Among the duties of the On-site Wastewater Specialist
will be to give appropriate notification to ISDS owners of actions
to be taken under the ordinance, including but not limited to conducting
or requiring ISDS inspections, repairs, cesspool removals, etc., to
develop lists of town-approved licensed inspectors, pumpers or other
on-site system service professionals; to track the status of systems,
to conduct inquiry into system inspections and professional conduct
of system service professionals (including quality control checks
of inspections or installation of new systems, modifications or repairs
to existing systems); to recommend modifications to the Wastewater
Management District Ordinance/Rules and Regulations; to assist system
owners; and to conduct education and outreach to town residents and
businesses; and duties consistent with the purpose of this regulation.
(c)
At a minimum, the person should have a demonstrated
competency in the area of soil science, ISDS functioning, inspection
and repair procedures, including innovative and alternative technology.
(d)
The On-Site Wastewater Specialist shall prepare
a monthly report for the Wastewater Management Commission regarding
program implementation including progress and any problematic situations.
It shall include such items as the status of any associated grants,
consent agreements, notice of violations, number of inspections, number
of retrofits, septic system repairs, and other pertinent information.
(2)
Wastewater Management Commission:
(a)
The Wastewater Management Commission shall provide
guidance in the implementation of the Wastewater Management Program
and associated grant and loan programs
(b)
The Wastewater Management Commission shall carry
out its responsibilities as detailed in the Charlestown Wastewater
Management Ordinance.
(c)
Upon request, the Wastewater Management Commission
shall meet with ISDS owners to provide information on issues of on-site
wastewater management.
F.
Inspections.
(1)
Inspection types: The WWM Ordinance requires three
types of inspections, which at a minimum are consistent with those
described in the RI DEM Handbook for Inspection: First maintenance
(baseline) inspection, routine maintenance inspection, and the third
type, change of ownership inspection (which is consistent with "functional
inspection" in the Handbook for Inspection).
(a)
A first maintenance (baseline) inspection of each ISDS in Town shall be conducted in order to obtain baseline information, including condition, function and performance, and to determine a routine maintenance schedule and potential upgrade requirements. First maintenance inspections involve some data gathering and location of system components that may not be necessary for subsequent routine maintenance inspections. Also, see Subsection D, Definitions.
(b)
Routine maintenance inspections are generally conducted after the first maintenance (baseline) inspection and may occur between septic tank pump-outs. The frequency of routine maintenance inspections is determined by the conditions found at the first maintenance (baseline) inspection. Where appropriate, routine maintenance inspections for any given conventional ISDS may be limited to structural integrity assessment, and measurements of wastewater, sludge and scum levels within a septic tank. Routine maintenance inspections for enhanced innovative and alternative ISDS treatment systems, due to their complexity and the need to reduce the potential contamination of drinking water, groundwater and natural resources, require annual inspection and maintenance to assure proper function, operation, and performance to meet effluent quality treatment performance standards in the Wastewater Management District. Also, see Subsection D, Definitions.
(c)
Change of ownership inspections (or functional
inspections), at a minimum, are consistent with the "functional inspection"
purpose and procedures in the Handbook for Inspection. These inspections
are conducted for the current or prospective owner(s) for many reasons,
among which include:
(2)
To provide an accurate description of the location,
condition and function of a system;
(3)
To determine whether a system is meeting conventional
system standards, or the treatment performance standards for enhanced
innovative and alternative systems as required in the Wastewater Management
District;
(4)
To collect information about its expected use under
the new owner;
(5)
To make recommendations to prepare a system for its
expected use;
(6)
To review the history of a system from records obtained
from the property owner and from administrative files under Charlestown's
Wastewater Management Specialist; and
(7)
To obtain information or report recommendations that were omitted, undetermined, or insufficient under the first maintenance (baseline) inspection and routine maintenance inspection, if the record is incomplete or if any of the information is greater than one (1) year old. Also, see Section Subsection D, Definitions.
(a)
Inspection: All inspectors performing pump-outs
shall pump only when inspection results indicate that a pump-out is
necessary. See the Rhode Island Handbook for Inspection, page 47,
"Table 5.1a, "Pump-out Guidelines for Conventional Septic Systems
Serving Residential Properties," and as it applies to commercial properties.
Inspectors and septic pumpers shall report all pump-outs to the On-site
Wastewater Specialist and CWMC office within 30 days.
(b)
Inspections of cesspools: Annual inspections shall be conducted for cesspool systems (consistent with the Rhode Island Handbook for Inspection). Pump-outs shall be conducted at the first maintenance inspection. If the first maintenance inspection has been conducted prior to the effective date of this regulation, pump-outs are required at the next inspection under the first Routine Maintenance Inspection, and again every year until the cesspool is removed under ISDS cesspool phase-out program under this regulation. Pump-outs are required to determine if the cesspool is a functioning or failed (malfunctioning) ISDS. See criteria for failed cesspools in Subsection I(9), Cesspools and cesspool failure, miscellaneous regulations. Notifications generally follow those in Subsection F(2), Inspection frequency and notification.
(c)
Inspections following pump-outs: After any ISDS is pumped-out, the septic tank or cesspool shall be reinspected for damage, infiltration of groundwater, pooling, water levels, etc., and as noted on the Charlestown Inspection Report Form and Sections 5.1.1 through 5.1.8, pages 45-52 in the Rhode Island Handbook for Inspection, to determine if the system is functioning properly. See Subsection I(9), Cesspools and cesspool failure, miscellaneous regulations, for cesspool failure criteria. Pump-outs and re-inspection results shall be reported to the On-site Wastewater Specialist and the CWMC office within 30 days.
(8)
Inspection frequency and notification: The On-site Wastewater Specialist shall send written notice to ISDS owners of the need to schedule the first maintenance inspection and should send notices for subsequent routine maintenance inspections. This section amends Section 210-6A(1), ISDS operation and maintenance; also, see Subsection G, paragraph 1, Implementation. In general, the inspection frequency for routine maintenance inspections for conventional systems shall be specified by the Inspector based on the results of the first maintenance inspection, subsequent routine maintenance inspections and procedures and considerations outlined in the Rhode Island Handbook for Inspection, the inspection report, or other relevant considerations. The Inspector may specify the standard inspection interval of three years or a frequency varying from one to five years. The frequency shall be based on the judgment of the inspector considering the system's structural integrity, equipment condition, and on the judgment that the system will operate, function, and perform properly. The factors in determining the frequency of inspection shall include but are not limited to, system age, tank size, sludge and scum measurements pumping history, wastewater levels and watertightness (no infiltration of surface water or groundwater and no leaking of wastewater to soils), current and future household occupancy, current and future dwelling or building use (i.e., high residential seasonal and rental use, restaurant-food service use, industrial use, etc.), housing density and property size, separation distances, potential threats to nearby natural resources, potential threats to groundwater and drinking water wells, and other relevant factors. Changes in the inspection frequency from the three-year standard must be approved by the On-site Wastewater Specialist and the Wastewater Management Commission.
(a)
The inspector shall explain in the inspection
report the reasons for modifying the inspection interval. The On-site
Wastewater Specialist and the Wastewater Management Commission have
authority to review, conduct quality checks with owner's permission,
return the report to the system owner and inspector with comments
for additional considerations, and deliberate on the judgment and
determination and to establish an appropriate inspection interval.
(b)
The owner must have an inspection performed
by an approved inspector within one year from the date of notice,
or as specified in the notice from the On-site Wastewater Specialist
to be consistent with the inspection date and the schedule in the
inspection report. ISDS owners shall be responsible to arrange and
have conducted an appropriate inspection under this rule and regulation
by the anniversary of the prior inspection not to exceed five (5)
years, depending upon inspection reports. Failure to receive a notice
from the On-site Wastewater Specialist shall not affect the owner's
responsibility to have the inspection completed as specified in these
regulations. After a system has been inspected, the On-site Wastewater
Specialist should attempt to confirm or modify the maintenance requirements
and the time frame for the next inspection with the owner. The On-site
Wastewater Specialist may send a reminder notice to the owner as the
date for the next routine maintenance inspection approaches.
(c)
Annual routine maintenance inspections shall
be conducted for enhanced innovative and alternative ISDS treatment
systems, including package plant treatment systems, and at a minimum,
be consistent with the Rhode Island Handbook for Inspection and Charlestown
Inspection Reports. Annual inspection and maintenance must include
assessment, repair, replacement, adjustment, and installation of system
components, treatment functions, system operations, and treatment
performance to meet treatment performance standards for effluent quality
in the Wastewater Management District. Effluent quality monitoring
shall be conducted to determine whether the quality of effluent discharged
to the ground and groundwater meets Charlestown's Wastewater Management
District's treatment performance standards. The On-site Wastewater
Specialist will contact the owner as necessary to discuss inspection
issues, confirm information, modify inspection dates or procedures,
the need to conduct further maintenance, conduct quality control assessments,
or other reasons to assure proper operation or system performance.
(d)
Annual Routine Maintenance Inspections and pump-outs
shall be conducted for cesspool systems, and at a minimum be consistent
with the Rhode Island Handbook for Inspection and Charlestown Inspection
Reports and shall be conducted on a one-year schedule, as described
in Section F(1)(e), Inspections of Cesspools. The On-site Wastewater
Specialist will contact the owner as necessary to discuss inspection
issues, confirm information, modify inspection dates or procedures,
to conduct further maintenance, to conduct quality control assessments,
or other reasons to assure proper operation or system performance.
(9)
Inspection reports: Standard inspection forms shall
be those used in the Rhode Island Handbook for Inspection. These forms
may be modified by the Wastewater Management Commission and the On-site
Wastewater Specialist as needed to meet the technical and administrative
needs of the program. The property owner shall provide the ISDS inspector
with any available pertinent information, including but not limited
to the use, age, location, maintenance history and design of the ISDS.
The completed inspection report shall detail the results of the inspection
(including operation and function of system components and any sampling
conducted for determining performance, and laboratory tests to analyze
samples), pumping or other maintenance requirements, the time frame
for the next inspection and/or upgrade requirements for the ISDS.
The inspector shall give the property owner and the On-site Wastewater
Specialist an inspection report within 30 days of the inspection that
details the condition of the ISDS, including but not limited to system
components, recommended or required maintenance and the date for the
next routine maintenance inspection, inspection schedule and maintenance
requirements. The ISDS inspector shall provide the On-site Wastewater
Specialist and the property owner with a written copy of the inspection
report within 30 days. The On-site Wastewater Specialist shall be
responsible for maintaining ISDS inspection, maintenance and upgrade
records.
(10)
ISDS maintenance and owner's responsibility:
The property owner(s) shall assume all responsibility for hiring a
septage hauler or maintenance contractor to complete the maintenance
and inspection requirements contained in the ISDS inspection report
within the time frame required. As proof of compliance, the property
owner shall submit a receipt for pumping and other system maintenance
to the On-site Wastewater Specialist within thirty (30) days of the
date stipulated in the ISDS inspection report. Owners of enhanced
innovative and alternative ISDS treatment systems shall retain without
interruption a service provider under contracts of not less than one
(1) year, who has experience and expertise in the property operation
and maintenance of the technology in use and has manufacturer certified
training for the specific treatment units in use. Owners are responsible
for systems being operated in compliance with treatment performance
standards in the Wastewater Management District and for which the
system was designed, manufactured, tested and installed. Owners may
be required by the Commission to have effluent quality monitored by
a Rhode Island Department of Health, Department of Environmental Management
or University of Rhode Island Watershed Watch Program (or equivalent)
certified laboratory annually, or at a frequency established by the
On-site Wastewater Specialist, with approval of Charlestown Wastewater
Management Commission. Effluent quality shall be analyzed for contaminants
established by the Wastewater Management Commission. Results of effluent
monitoring will be reported to the On-site Wastewater Specialist or
the Charlestown Wastewater Management Commission within sixty (60)
days of the inspection date.
(11)
Pumping frequency: At no time may an ISDS pumping schedule be less frequent than once every six years, unless otherwise provided for under § 210-6.A.(3). This section amends Chapter 210, Wastewater Management District ordinance, § 210-6.A(1), second sentence.
(12)
Failed ISDS: If an inspection reveals a malfunctioning
or failed ISDS, the Town-approved inspector shall immediately notify
the On-site Wastewater Specialist and the ISDS owner and send a copy
of the inspection report to both parties within ten (10) days. In
the event that frequent pumping records indicate a failed system,
the On-site Wastewater Specialist shall notify the owner in writing
of a potential problem and the need for a system inspection. Technologies
selected to replace failed systems shall be consistent with Town policy,
ordinance, rules and regulations, regarding treatment standards. At
the owner's request, and in order to facilitate the ISDS repair application
with RI DEM, the Wastewater Management Commission and the On-site
Wastewater Specialist will meet with the owner to provide technical
and administrative assistance regarding ISDS repairs. The On-site
Wastewater Specialist may request advisory recommendations from the
Wastewater Management Commission. Such assistance shall be designed
to help the owner through the application process, to understand technical
issues and appropriate system choices and to solve the problem in
a fair and expeditious manner. It does not preclude the owner's responsibility
to hire needed professional assistance.
(a)
The On-site Wastewater Specialist shall give
the owner of a failed conventional or enhanced innovative and alternative
treatment system written notice to repair or replace the system. The
owner shall be given sixty (60) days to contact RI DEM and apply for
and provide all plans and materials needed for a permit to repair
or replace the system as necessary. A copy of the application to RI
DEM shall be provided to the On-site Wastewater Specialist. The property
owner shall notify the Town as to the expected timetable for repairs
to be completed.
(b)
For cesspool failure (malfunction), see Subsection I(9), Cesspools and cesspool failure, miscellaneous regulations. Cesspools are substandard wastewater ISDS treatment systems and if failed shall not be repaired. Replacement is required. If, in the judgment of the On-site Wastewater Specialist or the Wastewater Management Commission, any failed system in the Town of Charlestown poses an immediate or imminent health hazard to people (by overland flow, discharges to surface waters and shellfish areas, direct contact, etc.) or threatens the Town's natural resources, the owner shall be given notice to take temporary precautions to redirect flow, provide temporary mobile sanitation facilities, isolate contamination from human contact (line or barrier fence, soil cover, etc.), or to take other measures and actions to eliminate threats to people until conditions are remedied and accepted by the On-site Wastewater Specialist or the Wastewater Management Commission.
G.
Implementation.
(1)
The implementation of § 210-6A(1) of the WWMD Ordinance shall occur at a minimum frequency of once every five (5) years or more frequently as determined by the system inspector or otherwise established by the On-site Wastewater Specialist or Wastewater Management Commission
(3)
The Wastewater Management Commission shall have the
authority to alter the inspection schedule by ordering the inspection
of any ISDS when it has been determined that the ISDS is in need of
immediate improvements.
H.
Education and technical assistance.
(1)
Education: The Wastewater Management Commission shall
develop and oversee an annual education strategy that is designed
to facilitate the effective implementation of the Wastewater Management
Plan, the Wastewater Management Ordinance and related zoning and subdivision
regulations. The education plan shall inform people about the findings,
benefits and goals of wastewater management in Charlestown. It shall
include but not be limited to the following:
(a)
Proper inspection, operation and maintenance
of ISDS.
(b)
Operation and management framework of the program.
(c)
Proper disposal of hazardous waste, including
household hazardous waste.
(d)
Water conservation.
(e)
Protection of sensitive resources.
(f)
Use of environmentally sensitive cleaning products.
(g)
Use of alternative and innovative septic systems
and associated technologies.
(h)
Availability of financial assistance.
(i)
Costs to homeowners to ensure compliance with
WWMO provisions.
(2)
Technical assistance: All persons applying to RI DEM
for new ISDS installations, repairs or alterations are encouraged
to meet with the On-site Wastewater Specialist and the Wastewater
Management Commission prior to beginning system design in order to
ensure that the design is consistent with Town policy regarding treatment
standards.
I.
Miscellaneous regulations.
(1)
Septage disposal: Septage or contents pumped from
an ISDS shall be discharged at a state-approved septage receiving
facility.
(2)
Septic tank additives and improper discharges to ISDS:
The use of septic tank additives shall follow RI DEM's policy. There
is no evidence that biological additives provide any benefit to the
functioning and maintenance of an ISDS. The use of biological additives
does not relieve a property owner from the obligations of this section.
The disposal of hazardous wastes to an ISDS shall be prohibited. There
shall be no discharge of rainspouts, basement sumps, floor drains,
or any other drains, other than those carrying household wastewater,
to an ISDS.
(3)
Garbage disposal: Garbage disposal discharges to a
new ISDS shall be permitted only on systems that are equipped with
an oversized tank, capable of handling the excess solids, and with
an effluent filter located on the tank's outlet. ISDS with existing
garbage disposals may require more frequent pumping.
(4)
Water-saving devices: Water-saving devices shall be
required on all appropriate fixtures as per the Rhode Island State
Building Code, including 1.5 gallon flush toilets on new or remodeled
construction.
(5)
Occupancy and use: In order to ensure proper treatment
of effluent, the functioning of an ISDS must be sized to handle the
number of persons living in the house. The occupancy or use of the
house should not exceed the capacity of the system as calculated using
the RI DEM standards. This includes properties that are rented in
excess of one week per year.
(6)
Septic tanks and installation: Any installation of
a septic tank shall be sized as required by RIDEM regulation. Tanks
shall be equipped with an effluent filter located at the tank's outlet.
These requirements apply to any installation of a septic tank, including
but not limited to tanks for new ISDS systems, for ISDS systems where
existing cesspools will be removed, for existing ISDS systems where
septic tanks will be removed, for existing systems where tanks or
drainage fields are installed as part of repairs or modifications,
for systems enlarged for increased flows or where there is a reasonable
expectation of increased flows.
[Amended 10-11-2011 by Ord. No. 342]
(7)
Accessibility, inspection and sampling manholes and
ports, and effluent filters:
(a)
It is recommended but not required that existing
ISDS be equipped with access risers to grade located at the inlet
and outlet of the septic tank and an effluent filter be installed
at the outlet end of the septic tank.
(b)
For all septic tank installations, including
complete ISDS installations, at least one manhole (tank opening, riser
and cover) with a removable watertight cover (fiberglass, resin, concrete,
iron or other durable material) shall be provided for each septic
tank compartment, flow control and critical treatment components (pump
chambers, mixing chambers, distribution boxes, etc.); and appropriate
ports (piping, riser and cover) shall be provided for inspection,
cleanout, sampling and monitoring for installations having pressure
distribution lines (i.e., shallow narrow drainfields) and for enhanced
innovative and alternative ISDS systems. Inlets, outlets and critical
components shall be made accessible for physical access, inspection,
cleaning, maintenance, adjustments and repair. Manhole and port (plug)
risers shall be brought up to finished grade with structurally sound
access risers that are mechanically fixed and appropriately watertight
to a septic tank or other component of an ISDS and shall be extended
to grade at the ground's surface. Access risers for manholes and ports
shall be consistent with state standards, including manholes having
a minimum of twenty-two (22) inches in diameter, and provided with
durable covers, securely fashioned and designed to prevent water penetration
and accumulation. Effluent filters should be installed at the outlet
of the septic tank and are required for homes in which in-sink garbage
grinders or disposal units are installed and shall be installed in
all new systems. The Wastewater Management Commission and On-site
Wastewater Specialist will provide technical information and support
regarding the installation of these structures on both new and existing
ISDS.
(8)
Watertight septic tanks: Per RI DEM regulations, any
existing tank that leaks may be declared a failed system. All septic
tanks installed after the effective date of the ordinance and these
rules shall be certified watertight in accordance with ASTM minimum
standards or those developed by the Wastewater Management Commission.
Tank installation must be done in accordance with manufacturer's requirements.
In addition, tanks installed after the effective date of the ordinance
and these rules must be site tested to ensure that they are watertight.
(9)
Cesspools and failed cesspools: any buried chamber,
including but not limited to any metal tank, perforated concrete vault
or covered hollow or excavation, which receives discharges of sanitary
sewage from a building sewer for the purpose of collecting solids
and discharging liquids to the surrounding soil. Cesspools are not
an approved method of sewage disposal under these regulations, and
all existing cesspools are considered to be substandard treatment
systems and unable to meet Wastewater Management District standards
and Rhode Island on-site ISDS standards and state water quality objectives.
(a)
The existence of any one of the following five criteria is sufficient to require a cesspool to be reported as a failed (malfunctioning) system. Also, see § 210-2B Cesspools-definitions; § 210-6A(3)(b), Cesspools-ISDS operation and maintenance; and in this regulation: Subsection F(1)(e), Inspections of cesspools - Inspections; and Subsection F(2), annual routine maintenance inspections.
[1]
Septage, sludge, scum, wastewater, effluent
or pooled (ponded) water is found above the inlet.
[2]
Water (1) is rising from the bottom or seeping
through side walls after the system is pumped, or (2) is pooled (ponded)
and at an elevation that potentially could be the level of the groundwater
table (groundwater elevation or saturated soil conditions). The On-site
Wastewater Specialist or Wastewater Management Commission may require
the system owner to verify the level of groundwater (elevation or
distance below the surface of the ground).
[3]
Groundwater table is one (1) foot or less from
the bottom of the chamber. The On-site Wastewater Specialist or Wastewater
Management Commission may require the system owner to verify the level
of groundwater (distance or elevation below the surface of the ground).
[4]
Apparent structural problems exist such as cave
in or exposed components.
[5]
Observable signs of system malfunction such
as septic odors, ponding, wet or soggy ground surface, or other signs
of septic "breakout."
(b)
Failure or damage of an exterior sewer line
between a building and the exterior wall (at the inlet) of a cesspool,
and provided the cesspool wall is not disturbed, may be repaired.
Cesspools are substandard wastewater ISDS treatment systems and if
failed shall not be repaired. Replacement is required.
(c)
All cesspools in the Town Charlestown shall
be removed and replaced with an ISDS suitable for the Wastewater Management
District by the following dates in accordance with each zone based
on proximity to critical resources:
[Amended 3-9-2009 by Ord. No. 311]
[1]
May 2010 – Zone 1 – Cesspools located
within 200 feet of the inland edge of all shoreline features bordering
tidal water areas [i.e., the Rhode Island Coastal Resource’s
Management Council’s (CRMC) jurisdiction],
[2]
May 2012 – Zone 2 – Cesspools located
within the CRMC Salt Pond Region Special Area Management Plan (SAMP)/RIDEM
Salt Pond Critical Resource Area (CRA) and defined by CRMC as Lands
Developed Beyond Carrying Capacity,
[Amended 11-8-2010 by Ord. No. 330]
[3]
May 2013 – Zone 3 – Cesspools located
within the remainder of the CRMC Salt Pond Region SAMP/RIDEM Salt
Pond CRA, and cesspools that are located within the Inner-Protection
Radii of any State of Rhode Island Department of Health Licensed Public
Drinking Water Supply Well,
[Amended 11-8-2010 by Ord. No. 330]
[4]
May 2013 – Zone 4 – Cesspools located
within the RIDEM defined wellhead protection areas of all public,
community or non-community drinking water wells and within 200 feet
of a freshwater surface water body (ponds or streams, not including
wetlands) and,
[5]
May 2014 – Zone 5 – The remainder
of the Town.
|
The Wastewater Management Commission may grant a waiver, to the extent necessary, from the applicable provisions listed in § 210-8.1I(9)(c) provided the homeowner demonstrates undue hardship and the cesspool is not a failed system as defined herein. No waiver shall exceed five (5) years from the dates specified in § 210-8.1I(9)(c). For the purposes of this waiver provision, financial hardship shall be classified as annual household earnings of equal to or less than the “Low Income Limits, 80% of Median Income” as determined by the most current United States Department of Housing and Urban Development (HUD) Income Limits. In order to demonstrate financial hardship, the Property Owner shall be required to submit, at a minimum, current documentation of income and household size.
[Added 2-8-2010 by Ord. No. 323] |
J.
Hearings.
(1)
Any Charlestown landowner that is cited for violating
this section or is aggrieved by an action of the Commission shall
have the right to a hearing before a quorum of the Wastewater Management
Commission. A request for such a hearing shall be made in writing
within thirty (30) calendar days of receipt of any notice of violation.
(2)
The Wastewater Management Commission shall schedule
a hearing upon any such appeal within thirty (30) calendar days of
receiving such a request for a hearing. Notice of the hearing shall
be sent to the appellant at least ten (10) business days prior to
the date set forth for the hearing.
(3)
A quorum of the Wastewater Management Commission is
necessary in order to hear and decide any appeal. A quorum is hereby
defined as a majority of the membership of the Wastewater Management
Commission.
(4)
At the hearing, the appellant and any other interested
party shall be permitted to present evidence and argument on all issues
involved in the appeal.
(5)
The Wastewater Management Commission shall cause minutes
to be kept for each such hearing. A stenographer shall record hearings
at the request of any party and shall be the expense of the party
requesting the stenographer's presence.
(6)
The decision of the Wastewater Management Commission
shall be rendered no more than forty-five (45) calendar days after
the public hearing is closed, shall contain findings of fact and conclusions
of law and be issued in writing.
(7)
An appeal of a Notice of Violation decision may be
disposed of by stipulation, agreement, settlement, consent order or
default.
(8)
Under the provisions of the Rhode Island Administrative Procedures Act, set forth at R.I.G.L. Chapter 35 of Title 42 and The Wastewater Management District's Law, set forth at R.I.G.L. Chapter 24.5 of Title 45, and a grieved party shall have the right to appeal the decision of the Wastewater Management Commission to the Fourth Division District Court and pursuant to § 210-12 of the Wastewater Management District Ordinance of the Charlestown Code.
It shall be the responsibility of the WWMD to
establish a public education program to make ISDS owners aware of
the proper operation and maintenance of these systems.
A.
Fee structure. The Wastewater Management Commission
shall, through the town's budget process, recommend funding for the
administration, operation, contractual obligations and services of
the WWMD. An inspection service fee, as established from time to time
by a Town Council resolution, may be assessed to each owner of an
ISDS based on the number of these systems owned in the WWMD.
B.
Grant or loan program. The Wastewater Management Commission
shall make recommendations to the Town Council regarding the issuance
of bonds or notes of the Town of Charlestown and the application for
grants for the purpose of establishing a revolving fund to make low-interest
loans or grants available to qualified property owners for the improvement,
correction or replacement of failed ISDS. The WWMD shall establish
specific criteria that shall be subject to comments from a public
hearing prior to implementing a loan or grant program.
C.
Finances. The Wastewater Management Commission shall
prepare and submit to the Town Council and Budget Commission a detailed
fiscal year budget requesting funds to operate the WWMD and administer
the ordinance.
A.
Enforcement responsibility. The manager of the WWMD
shall be responsible for the enforcement of the provisions of this
ordinance. The manager's duties shall include, without limitation,
the following:
(1)
Supervision of inspections of individual sewage disposal
systems as required by this ordinance.
(2)
Maintenance of inspections of individual sewage disposal
systems as required by this ordinance.
(3)
Issuance of violation notices.
(4)
Notification of other appropriate municipal departments
or state agencies as to the management of the WWMD.
B.
Violation notices. Any owner of an ISDS determined
to be in violation of this ordinance shall be issued a written Notice
of Violation (NOV) via Certified Mail stating the nature of the violation,
the action required to correct the violation, the date by which the
violation must be corrected and the penalty for noncompliance.
[Amended 3-9-2009 by Ord. No. 311]
C.
Penalties. Any person or owner who intentionally fails
to comply with a violation notice may be fined not more than five
hundred dollars ($500.) per violation. Each day of a continuing violation
shall constitute a separate violation. All fees/fines shall be payable
to the Town of Charlestown for the administration and implementation
of the WWMD. Notices of Violation shall be recorded with the Land
Evidence Records for the property where the violation is identified.
The Notice of Violation shall remain recorded until such time as the
violation has been remedied. Upon identification that the violation
has been remedied, a Notice of Violation Release will be filed with
the Town Clerk by the manager of the WWMD and the Notice of Violation
will be removed from the Land Evidence Records.
[Amended 3-9-2009 by Ord. No. 311]
D.
Hearings.
(1)
Any owner of an ISDS who is cited for a violation
of this ordinance shall have the right to a hearing before a quorum
of the Wastewater Management Commission. A request for such a hearing
must be made within thirty (30) days of receipt of the violation notice.
Filing of a timely appeal shall stay the action required by the violation
notice until a decision is rendered by the Wastewater Management Commission.
(2)
The Wastewater Management Commission shall schedule
a hearing on such an appeal within forty-five (45) days. Notice of
the hearing shall be sent to the appellant by certified mail at least
ten (10) days before the date set.
(3)
A quorum of the Wastewater Management Commission is
necessary to hear and decide any such appeal. A quorum is hereby defined
as three (3) Commissioners.
(4)
At the hearing, the appellant and any other interested
party shall be permitted to present evidence and argument on all issues
involved.
(5)
The Wastewater Management Commission shall cause minutes
to be kept of each hearing. Hearings may be stenographically recorded
at the request of any party, provided that said party pays for the
stenographer and the transcript.
(6)
The decision of the Wastewater Management Commission
shall be stated on the record at the conclusion of the hearing or
shall be in writing and shall be rendered no more than forty-five
(45) days after the hearing is closed. Said decision shall contain
findings of fact and conclusions of law.
(7)
An appeal of a violation notice may be disposed of
by stipulation, agreed settlement, consent order or default.
A.
Any person or owner aggrieved by a decision of the
Wastewater Management Commission may seek judicial review of the decision.
B.
Proceedings for review are instituted by the filing
of a complaint in the Fourth Division of the District Court within
thirty (30) days of the date the decision was issued (Municipal Court
may be optional).
C.
The filing of a complaint shall not stay the decision
of the Wastewater Management Commission. The Wastewater Management
Commission may grant, or the District Court may order, a stay upon
appropriate terms.
D.
Within thirty (30) days after service of the complaint,
or within further time allowed by the Court, the Wastewater Management
Commission shall transmit to the Clerk of the Fourth District Court
the entire record of the proceedings under review.
E.
If, before the date set for hearing, application is
made to the Court for leave to present additional evidence and it
is shown to the satisfaction of the Court that the additional evidence
is material and that there were good reasons for failure to present
it in the proceeding before the Wastewater Management Commission,
the Court may order that the additional evidence be taken before the
Wastewater Management Commission upon conditions determined by the
Court. The Wastewater Management Commission may modify its findings
and decision by reason of the additional evidence and shall file that
evidence and any modifications, new findings or decisions with the
District Court.
F.
The review shall be conducted by the Court without
a trial and shall be confined to the records. In cases of alleged
irregularities in the procedure before the Wastewater Management Commission
not shown on the record, proof thereof may be taken by the Court.
The Court, upon request, shall hear oral argument and receive written
briefs.
G.
The Court shall not substitute its judgment for that
of the Wastewater Management Commission as to the weight of the evidence
on questions of fact. The Court may affirm the decision of the Wastewater
Management Commission or remand the case for further proceedings,
or it may reverse or modify the decision if substantial rights of
the appellant have been prejudiced because the administrative findings,
inferences, conclusions or decisions are:
(1)
In violation of constitutional or statutory provisions;
(2)
In excess of statutory authority of the Wastewater
Management Commission;
(3)
Made upon unlawful procedure;
(4)
Affected by other error of law;
(5)
Clearly erroneous in view of the reliable, probative
and substantial evidence on the whole record; or
(6)
Arbitrary or capricious or characterized by an abuse
of discretion or clearly unwarranted exercise of discretion.
