[HISTORY: Adopted by the Town Council of the Town of Portsmouth 9-21-2015 by Ord. No. 2015-09-21.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Land development and subdivision regulations — See Ch. 236.
Stormwater management — See Ch. 336.
Zoning — See Ch. 405.
[1]
Editor's Note: This ordinance also superseded former Ch. 392,
Wastewater Management District, adopted 2-11-2013 by Ord. No. 2013-02-11A.
A.
This chapter has been drafted in accordance with and under the authority
of the R.I.G.L. Title 45, Chapter 24.5-1 et seq. entitled "Wastewater
Management Districts," also identified as the "Rhode Island Septic
System Maintenance Act of 1987." This law sets forth the basic powers
and duties of a municipality in its operation of a wastewater management
district.
B.
Nothing in this chapter replaces or precludes any obligation of the
owner to notify the Rhode Island Department of Environmental Management
("RIDEM"), the Rhode Island Department of Health ("DOH"), the Coastal
Resources Management Council ("CRMC"), or their successors of on-site
wastewater treatment systems' ("OWTS") failures.
The Portsmouth Town Council hereby finds the following evidence
in support of the establishment of an on-site Wastewater Management
District and ordinance:
A.
The legislative findings set forth in R.I.G.L. Title 45, Chapter
24.5-2 are incorporated in this chapter by reference.
B.
In accordance with the R.I.G.L. Title 45, Chapter 42-17.1-2, RIDEM's
rules and regulations for OWTS are set forth to provide minimum standards
for the location, design, construction and maintenance of individual
sewage disposal systems.
C.
When properly located, designed, constructed and maintained, OWTSs
are an effective and environmentally sound method of wastewater treatment
and provide a viable and cost-effective alternative to municipal sewers.
D.
The cumulative effects of improperly maintained and malfunctioning
OWTSs contribute to the contamination of surface waters and groundwaters
and pose a risk to the health, safety and welfare of the public.
E.
In accordance with the R.I.G.L. Title 45, Chapter 45-24.5-3, municipally
created Wastewater Management Districts are designated to eliminate
and prevent the contamination of surface water and groundwater caused
by malfunctioning OWTSs through the implementation of OWTS inspection
and maintenance programs designed to operate as an alternative to
municipal sewer systems.
F.
To be truly effective, municipally created Wastewater Management
Districts must operate in a spirit of coordination and cooperation
with RIDEM in order to accomplish the common goals of protecting the
public health and the quality of the environment.
G.
The creation of a Town-wide Wastewater Management District is consistent
with and advances the goals of the Portsmouth Comprehensive Community
Plan to ensure the rural character of the Town and the quality of
the natural environment are not degraded and the impacts of on-site
wastewater treatment on the social, aesthetic and cultural environment
are minimized.
A.
The declaration of purpose set forth in the R.I.G.L. Title 45, Chapter
45-24.5-3 is incorporated in this chapter by reference. The purpose
of this chapter is to establish the Portsmouth Wastewater Management
District (the "District") to ensure that all OWTSs within the District
are properly operated, regularly inspected, routinely maintained and
administratively managed to prevent system malfunction and to operate
as an alternative to municipal sewer systems.
B.
This chapter provides a framework for the efficient inspection, repair
and maintenance of OWTS within the District and recognizes the homeowners'
responsibility to ensure that their system is well maintained and
properly functioning.
C.
Applicability. This chapter shall be applicable to every owner of
property that has an OWTS of any type, including cesspools and holding
tanks, within the Town of Portsmouth.
A.
Any terms not defined herein, and pertaining to OWTSs shall be governed
by the definition as it appears in the current RIDEM "Rules Establishing
Minimum Standards Relating to Location, Design, Construction and Maintenance
of On-site Wastewater Treatment Systems," dated July 16, 2014, and
as amended.
B.
ALTERNATIVE/EXPERIMENTAL TECHNOLOGY (or "A/E TECHNOLOGY")
BUILDING SEWER
CESSPOOL
*DESIGN GUIDANCE
DRAIN
EFFLUENT
FAILED OWTS
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
GROUNDWATER TABLE
*HANDBOOK
HOLDING TANK
*INSPECTOR
INVERT
*ISLAND PARK
LEACHFIELD
MAINTENANCE (MAINTAIN)
*MAINTENANCE AGREEMENT
ON-SITE WASTEWATER TREATMENT SYSTEM (OWTS)
OWNER
*OWTS INSPECTIONS
(1)
(2)
(3)
*PORTSMOUTH PARK
REPAIR
*RIDEM
SEPTAGE
*SEPTAGE TRANSPORTER
SEPTIC TANK
STORM DRAIN
STRUCTURE
TRANSFER
(1)
(2)
(3)
(4)
*VIOLATION
WASTEWATER
*WASTEWATER APPEALS BOARD
*WASTEWATER MANAGER
Any terms defined herein that do not appear in RIDEM's OWTS Rules,
indicated by an asterisk, are set forth by the Town of Portsmouth
for the purposes of implementation of this chapter.
Any OWTS technology for which design parameters are not specified
in RIDEM's Rules, but has been demonstrated through field testing,
calculations and other engineering evaluations to comply with performance
standards consistent with RIDEM's OWTS Rules, and for which a certification
from RIDEM has been issued. RIDEM maintains a list of approved A/E
technology systems at http://www.dem.ri.gov.
The pipe that begins outside the building foundation wall
and extends to the septic tank, the pipe that begins outside the building
foundation wall and extends to the grease tank, the pipe from a grease
tank to a septic tank, or the pipe carrying laundry wastes directly
to a leachfield.
Any buried chamber, including, but not limited to, any perforated
metal tank, perforated concrete vault or covered hollow or excavation,
which receives discharges of wastewater from a building sewer for
the purpose of collecting solids and discharging liquids to the surrounding
soil.
RIDEM design guidance established for septic systems in the
neighborhoods of Island Park and Portsmouth Park as established in
Design Guidance for OWTS Repairs — Island Park and Portsmouth
Park Neighborhoods, Portsmouth, effective date July 11, 2013, revision
date January 9, 2015, and as amended.
Storm drains, foundation drains, and subsurface drains as
defined in the OWTS Rules.
Septage, water or other liquid, partially or completely treated
or in its natural state, flowing out of any component of an OWTS or
flowing over the ground's surface or beneath the ground in groundwater.
Any OWTS that does not adequately treat and disperse wastewater
so as to create a public or private nuisance or threat to public health
or environmental quality, as evidenced by, but not limited to, one
or more of the following conditions:
Failure to accept wastewater into the building sewer;
Discharge of wastewater to a basement; subsurface drain; stormwater
collection, conveyance, or treatment device; or watercourse unless
expressly permitted by RIDEM;
Wastewater rising to the surface of the ground over or near
any part of OWTS or seeping from the absorption area at any change
in grade, bank or road cut;
The top of the inlet or the top of the outlet for a septic tank,
distribution box, or pump tank is submerged;
The liquid depth in a cesspool is less than six inches from
the inlet pipe invert;
Pumping of the cesspool or septic tank is required more than
two times per year;
OWTS is shown to have contaminated a drinking water well, watercourse,
groundwater, surface water, wetlands and estuarine waters;
If a septic tank, pump tank, distribution box, or cesspool is
pumped and groundwater seeps into it;
Any deterioration, damage, or malfunction relating to any OWTS
that would preclude adequate treatment and dispersal of wastewater;
or
Excessive solids are evident in the distribution box or distribution
lines.
The upper surface of the zone of saturation in an unconfined
aquifer; includes a perched groundwater table.
The current edition of the Rhode Island Department of Environmental
Management's Septic System Check-Up: The Rhode Island Handbook for
Inspection.
A closed watertight structure used to contain wastewater
prior to being removed from the premises. A holding tank does not
discharge wastewater to the surface of the ground or to the subsurface.
A private OWTS inspector who is a registered system inspector
with the University of Rhode Island On-site Wastewater Training Center
or an equivalent training program both for conventional and A/E systems
(URI's INSP 100 and 200 courses).
The lowest portion of the interior of a pipe or fitting.
The neighborhood bordered by the Sakonnet River to the south
and east, Boyd's Lane to the west and The Cove to the north up to
the bridge over the channel connecting The Cove with the Sakonnet
River.
A group of one or more dispersal chambers or trenches designed
for the final treatment and dispersal of wastewater into the underlying
soil. The leachfield shall be held to mean the horizontal and vertical
lines circumscribing the outermost edges, including the area between
the chambers or trenches and the depth to the bottom of stone.
The regular cleaning of any concrete chamber, cesspool, septic
tank, building sewer, distribution lines or any other component of
an OWTS for the purpose of removing accumulated liquid, scum or sludge.
The term "maintenance" shall also be held to include regularly required
servicing or replacement of any related mechanical, electrical, or
other component equipment.
A current operation and maintenance contract between an OWTS
owner and a manufacturer-approved service provider.
Any system of piping, tanks, dispersal areas, alternative
toilets or other facilities designed to function as a unit to convey,
store, treat or disperse wastewater by means other than discharge
into a public wastewater system.
Any person who holds legal title to any real property; or
has possession or control of any real property through any agent,
executor, executrix, administrator, administratrix, trustee or guardian
of the estate of a holder of a legal title. Each such person is bound
to comply with the provisions of this chapter.
One of three types of OWTS inspections undertaken to gather
baseline information, identify a failed OWTS, to assess maintenance
needs and to determine the overall condition of an OWTS.
FIRST MAINTENANCE INSPECTIONThe initial inspection performed on an OWTS and system site to assess whether any repairs and/or replacement are necessary. The septic tank and/or other components of the system are usually pumped as part of this inspection to facilitate the evaluation of the current condition of the OWTS. First maintenance inspections involve the location of OWTS components and more detailed data gathering that are not usually necessary for subsequent routine inspections.
FUNCTIONAL INSPECTIONAn inspection used to determine the overall condition and functioning of an OWTS and using standard RIDEM-approved flow trial methods, evaluate whether a system is adequate to serve the wastewater treatment needs of the household and to meet the design guidance, if applicable. This type of inspection may use standard dye-tracing methods if needed to confirm suspected septic bypasses or seeps where identified.
ROUTINE MAINTENANCE INSPECTIONAn inspection performed at a period of time after the first maintenance inspection of an OWTS and system site to determine the need for pumping, establish future inspections schedules and to assess whether any repairs and/or replacement are necessary.
The neighborhood bordered by Morningside Lane to the south,
East Main Road and Chase Road to the west, Boyd's Lane to the north,
and the Sakonnet River to the east.
Any work performed on an OWTS in order to mend or renovate
a specific defect or deficiency after the failure, injury, deterioration
or partial destruction of a previously existing OWTS or component
thereof as permitted by RIDEM. A repair shall include any upgrade
or modification of an OWTS (e.g., replacement of a cesspool). A repair
shall not include any work performed on an existing OWTS that increases
the flow capacity of the system.
The State of Rhode Island Department of Environmental Management
or its successor organization.
Any solid, liquid or semi-solid removed from septic tanks,
cesspools, privies, domestic wastewater holding tanks or other similar
on-site wastewater treatment systems.
Any person lawfully authorized to transport septage.
A watertight receptacle which receives the discharge of wastewater
from a building sewer, and is designed and constructed to permit the
deposition of settled solids, the digestion of the matter deposited,
and the discharge of the liquid portion into the next treatment component
or distribution box.
Any pipe or structure designed to collect, carry and divert
surface water runoff.
Any residence (as defined herein), building, garage, shack,
trailer or other permanent or semi-permanent 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.
A transfer of real property except between the following
relationships:
Between current spouses;
Between parents and their children;
Between full siblings; or
Where the grantor transfers the real property to be held in
a revocable or irrevocable trust, where at least one of the designated
beneficiaries is of the first degree of relationship to the grantor.
Failure to comply with and adhere to the rules and regulations
set forth in this chapter.
Human or animal excremental liquid or substance, putrescible
animal or vegetable matter or garbage and filth, including, but not
limited to, water discharged from toilets, bathtubs, showers, laundry
tubs, washing machines, sinks, and dishwashers. Both blackwater and
graywater are considered wastewater under this chapter.
A five-member board appointed by the Town Council to hear
appeals of decisions of the Wastewater Manager. Tenure and rules of
conduct of the Board shall be determined by the Town Council at the
time of the Board's appointment. The Board shall elect, at a minimum,
a Chairman and a recording secretary to take responsibility for all
administrative duties.
The Town employee whose duty it is to supervise the day-to-day
administration of the Wastewater Management District and the provisions
of this chapter. The Wastewater Manager or his/her designee shall
serve as the enforcement officer pursuant to the authority granted
under this chapter and any regulations adopted pursuant to this chapter.
The Wastewater Manager shall report directly to the Town Administrator
and be subject to direction and management by the Town Administrator.
A.
Boundaries and jurisdiction. The Wastewater Management District shall encompass the entire Town of Portsmouth. Under this chapter, the Town shall have jurisdiction to ensure the proper inspection, operation and maintenance of all existing and future OWTSs and the phased removal of all cesspools and unpermitted systems within the District per § 392-6A in this chapter.
B.
Administrative responsibilities.
(1)
The day-to-day administration and enforcement of the Wastewater Management
District and the provisions of this chapter shall be the responsibility
of the Wastewater Manager. The Wastewater Manager shall report directly
to the Town Administrator.
(2)
The Town Administrator shall develop the qualification requirements
for the Wastewater Manager. At a minimum, the Wastewater Manager,
or his/her designee, should have a demonstrated competency in the
areas of soil science, OWTS functioning, inspection and repair procedures,
including alternative/experimental technology, and shall have attended
and passed the courses to be accredited through the University of
Rhode Island On-site Wastewater Training or an equivalent training
program both for conventional and A/E systems (URI's INSP 100 and
200 courses) within six months of his/her appointment confirmation
by the Town Council.
(3)
Should the Wastewater Manager, by reason of conflict of interest
or extended illness, be unable to act in a specific situation, the
Town Administrator may appoint a designee to act on his/her behalf.
(4)
The Tax Collector shall be responsible for collecting all fees and
fines associated with this chapter. The Tax Collector may attach a
lien on the property for any unpaid fees and fines to enforce the
payment of such fees or fines.
(5)
A five-member Wastewater Appeals Board shall be appointed by the
Town Council to hear appeals of decisions of the Wastewater Manager.
C.
Powers and duties of the Wastewater Manager. It shall be the duty
of the Wastewater Manager, without limitation, to:
(1)
Supervise the administration of this chapter.
(2)
Develop any and all rules and regulations necessary for the implementation
of this chapter for review and approval by the Town Council.
(3)
Render decisions regarding the rights and obligations of any owner
of property that is subject to the requirements of this chapter.
(4)
Establish and manage a pump out/inspection schedule to ensure every
septic system in Portsmouth undergoes a first maintenance inspection
and subsequent regular routine maintenance inspections.
(5)
Issue notices of violation and levy fines pursuant to this chapter.
(6)
Contract, through the Town Administrator, for services of licensed
septage transporters, private OWTS inspectors, licensed OWTS installers
and others as necessary.
(7)
Provide for the passage of authorized personnel onto private property
when necessary and in accordance with the notice provisions of this
chapter for the purpose of investigations, periodic inspections, pumping,
maintenance and repair of OWTSs as necessary.
(8)
Provide technical and administrative assistance to homeowners on
all matters pertaining to OWTS maintenance, repair, upgrade and replacement.
(9)
Maintain a list of inspectors and licensed septage transporters and
make such list available to property owners for the purpose of arranging
the inspection of their own OWTS.
(10)
Maintain an electronic database of available information for
each on-site septic system in the Wastewater Management District along
with timeline tracking of system inspections and the status of violations
of this chapter and the replacement of failed systems.
A.
Purpose of the OWTS inspection program.
(1)
The purpose of the OWTS inspection program for each OWTS in the District
is to determine:
(a)
The overall condition of the system and whether the required
permits for the system are in place;
(b)
When and at what frequency subsequent inspections should be
performed;
(c)
The date of the next inspection;
(d)
The need for system repair or replacement;
(e)
Where appropriate, whether the system conforms to RIDEM design
guidance;
(f)
Whether a system has failed; and
(g)
Where required by this chapter, the system's functionality.
(2)
Information from the inspections will also be used to complete a
Town-wide OWTS inventory and to track system inspections, maintenance
and upgrades.
B.
General program description, requirements, and procedures.
(1)
Each OWTS within the District shall be required to have a first maintenance inspection, or baseline inspection. This initial baseline inspection shall meet the criteria set forth in the Septic System Checkup: The Rhode Island Handbook for Inspection (the "Handbook"). The inspection should reflect critical site conditions such as high groundwater and is designed to assess the condition of the OWTS, and to determine whether any repairs and/or replacement is necessary. This initial baseline inspection involves some data gathering and locating of system components not usually necessary for subsequent routine inspections. If a septic system is found to be a cesspool or if required permits for the system are not in place, a determination shall be made as to whether the system is within 50 feet of any component of a Town or state storm drain system to determine compliance with § 392-6A of this chapter. At the time of this initial inspection, the owner of the OWTS shall provide the inspector with any pertinent information the owner may have regarding the use, age, location, maintenance history, design, plat and lot number, RIDEM and/or CRMC permit number, engineering plans, etc., of the OWTS. For the neighborhoods of Island Park and Portsmouth Park, the first maintenance inspection must be sufficient to document and evaluate compliance with RIDEM design guidance for these neighborhoods and compliance with § 392-6A of this chapter. The first maintenance inspection shall be accompanied by a system pump out in order to determine before-and-after pump out conditions.
(2)
A functional inspection shall be conducted instead of a first maintenance
inspection for each OWTS within the District:
[Amended 3-9-2020 by Ord. No. 2020-03-09]
(a)
At the point of sale or transfer if prior to the inspection phasing schedule referenced in § 392-6B(4); or
(b)
If the system is unpermitted and is located outside the neighborhoods
of Island Park and Portsmouth Park; or
(c)
As needed at the discretion of the inspector or Wastewater Manager
at the time of inspection.
(3)
For the neighborhoods of Island Park and Portsmouth Park, the functional inspection, if required, must be sufficient to document and evaluate compliance with RIDEM design guidance for these neighborhoods and compliance with § 392-6A of this chapter. The functional inspection shall be accompanied by a system pump out in order to determine before-and-after pump out conditions.
(4)
First maintenance inspections or functional inspections of all OWTSs
within the District will take place by December 31, 2022, in accordance
with an inventory and inspection phasing schedule developed by the
Wastewater Manager and the Planning Department. First maintenance
or functional inspections of all OWTSs in the Island Park and Portsmouth
Park neighborhoods will take place by July 1, 2017. The remainder
of Town will be divided into management areas with the goal of completing
approximately 800 inspections per year. The inspections shall begin
in areas of the Town identified as having a dense concentration of
cesspools, a history of OWTS failure, high seasonal OWTS use, or frequent
pumping. The next inspections will be in areas of known high seasonal
groundwater conditions or areas adjacent to other critical natural
resources and finally in areas not included in the above.
(5)
OWTS owners who have an alternative/experimental technology system,
an active, valid maintenance agreement recorded in the Town Clerk's
office, and documentation that the OWTS is monitored and maintained
by a professional service provider, are exempt from the first maintenance
inspection requirements. Annual service records shall be submitted
to the Wastewater Manager and may substitute for subsequent routine
inspections as long as the maintenance agreement remains valid and
in force. In Island Park and Portsmouth Park, the Wastewater Manager,
examining records on file in Town Hall, shall determine compliance
with the design guidance and report such to the RIDEM Office of Water
Resources OWTS Program.
(6)
If a property owner has had an inspection performed by an inspector within one year prior to being required to do so by this chapter, and the inspector completes and signs the Town-required form, the system need not undergo a functional or first maintenance inspection. A schedule for subsequent routine maintenance inspections will be established for such systems by the Wastewater Manager per § 392-6D(2) of this chapter. In Island Park and Portsmouth Park, the Wastewater Manager, examining records on file in Town Hall, shall determine compliance with the design guidance and report such to the RIDEM Office of Water Resources OWTS Program.
(7)
After an OWTS has undergone a functional or first maintenance inspection,
the owner will receive an inspection report from the Wastewater Manager
or his/her designee detailing the condition of the system and a scheduled
date for subsequent routine maintenance inspections. All costs of
inspections, including any pumping and/or incidental maintenance,
shall be the responsibility of the OWTS owner.
(8)
If a functional or first maintenance or routine maintenance inspection reveals a failed OWTS or cesspool subject to the Rhode Island Cesspool Act, the Wastewater Manager shall send a copy of the inspection form to the Portsmouth Building Official and the RIDEM Office of Water Resources OWTS Program and shall issue a notice of violation requiring the property owner to submit an OWTS application to RIDEM within a specified timeframe, and to implement the immediate temporary measures required pursuant to § 392-6H(3).
C.
Who may inspect.
(1)
All OWTSs must be inspected by an OWTS inspector as defined in this
chapter. All inspections shall follow the criteria and procedures
outlined in the handbook.
(2)
An inspector must satisfactorily complete a training course in the
use of the handbook through the University of Rhode Island's On-site
Wastewater Training (OWT) Center and must at a minimum have attended
and passed the courses to be accredited through the University of
Rhode Island On-site Wastewater Training or an equivalent training
program both for conventional (URI's INSP 100 course) and, if applicable,
innovative systems (URI's INSP 200 course). The Wastewater Manager
shall also be qualified to perform inspections, but shall only do
so in special circumstances. To inspect systems with A/E technology
an inspector, in addition to the above, must satisfactorily complete
the course in alternative and experimental system operation and maintenance
offered through the University of Rhode Island's On-site Wastewater
Training (OWT) Center or similar program approved by the Town.
(3)
The Wastewater Manager shall maintain a list of inspectors and licensed
septage transporters and make such lists available to property owners
for the purpose of arranging the inspection of their own OWTSs. The
Wastewater Manager reserves the right to remove an inspector or septage
transporter from the list if the inspections and subsequent reports
or pump out activities are not performed in accordance with the criteria
outlined in the handbook and this chapter.
D.
Inspection frequency.
(1)
Functional or first maintenance inspections shall take place in accordance with the inspection phasing schedule referenced in § 392-6B(4), All OWTS owners will be mailed notification of the requirement for a functional or first maintenance inspection, along with a list of approved inspectors and OWTS educational material. OWTS owners will have 60 days after receipt of this notification to have the functional or first maintenance inspection performed.
(2)
Subsequent routine maintenance inspections shall take place once
every five years or more frequently if required by the Wastewater
Manager. Subsequent routine maintenance inspections for cesspools,
including a pump out, shall take place once every two years unless
otherwise indicated in the Wastewater Manager's functional or first
maintenance inspection report. Subsequent routine maintenance inspections
for holding tank systems, including a system pump out, shall take
place annually. Routine maintenance inspections for systems other
than cesspools and holding tanks need not include a pump out, unless
recommended by the previous inspection or if the combined depth of
the sludge and scum layer in the septic tank is greater than 25% of
the depth of the tank. OWTS owners will have 60 days after notification
to have a routine maintenance inspection performed.
E.
Inspection forms and reports.
(1)
Inspectors must use the Town-authorized and RIDEM-approved field
inspection forms for all inspections. Forms shall be provided by the
Wastewater Manager. A copy of all completed field inspection forms
shall be given by the inspector to the OWTS owner and to the Wastewater
Manager within five days of inspection.
(2)
The Wastewater Manager shall keep the completed inspection forms
on file (electronically stored) for each OWTS inspected and shall
provide such forms to RIDEM upon request.
(3)
After an OWTS has undergone an inspection and the Wastewater Manager
has reviewed the field inspection form, the owner will receive an
inspection report from the Wastewater Manager or his/her designee
detailing the condition of the system, any maintenance recommendations,
and a scheduled date for subsequent routine maintenance inspections.
In Island Park and Portsmouth Park, the inspection report shall also
indicate whether the OWTS meets the design guidance. All inspection
reports shall be stored electronically and provided to RIDEM upon
request.
(4)
The Town shall summarize and submit to RIDEM the results of all inspections
in the Island Park and Portsmouth neighborhoods no later than December
31, 2017.
F.
OWTS maintenance and owner's responsibility.
(1)
The OWTS owner shall assume all responsibility for hiring a licensed
septage transporter and inspector to complete the inspection procedures
directed by the Wastewater Manager within the time frame required.
(2)
OWTS owners who have an A/E technology system are required to have
a maintenance agreement recorded in the Town Clerk's office and must
provide documentation to the Wastewater Manager that the OWTS is monitored
and maintained by a professional inspector on an annual basis.
G.
Changes in inspection schedule. The Wastewater Manager, upon written
notification to the OWTS owner, shall have the authority to change
the inspection schedule of an OWTS, where such a change is deemed
necessary for the proper functioning of the system. Likewise, the
OWTS homeowner may petition the Wastewater Manager to alter the inspection
schedule. The OWTS owner must demonstrate, through the use of appropriate
site data and household information, that such a change in the schedule
would still ensure the proper operation of the OWTS and fulfill the
intent of this chapter. Information to be used by a homeowner in the
petition may include, but is not limited to, OWTS inspection records
and site data, such as soils, water table, household information,
seasonal use, water use and proximity to a critical resource. For
OWTS in Island Park or Portsmouth Park, any change in inspection schedule
must be approved by RIDEM.
H.
Immediate need to pump or implement other immediate temporary actions.
(1)
If an inspection or other evidence reveals that an OWTS requires
immediate pumping, the Wastewater Manager shall immediately notify
the homeowner. The Wastewater Manager will attempt to contact the
owner by phone and send the owner a written notice by certified mail,
allowing the owner five working days to pump the system, and to present
evidence of such pumping to the Wastewater Manager in the form of
a receipt from a licensed septage transporter. The Wastewater Manager
will also send a copy of this written notice to RIDEM.
(2)
In the event of a system failure that poses an immediate public health
and/or environmental hazard, and where the Wastewater Manager has
been unable to contact the owner using all reasonable means, the Wastewater
Manager is hereby authorized to enter private property without the
consent of the property owner, and to effectuate a pump out and/or
immediate repairs to the system, at the owner's expense.
(3)
The Wastewater Manager is also hereby authorized to direct the OWTS owner to effect immediate temporary measures to redirect flow, provide temporary mobile sanitation, isolate the contamination from human contact or any other measures and actions as the Wastewater Manager deems appropriate until the condition is remedied. Failure on the part of the OWTS owner to comply with any notices or directions issued under § 392-6H shall be deemed a violation of this chapter.
(4)
If observation or other evidence reveals an OWTS may be malfunctioning
but the situation does not require immediate pumping or does not pose
an immediate public health and/or environmental hazard, the Wastewater
Manager is hereby authorized to direct the OWTS owner to have a functional
inspection of the system performed by a specified date.
I.
Septage disposal. Septage or contents pumped from an OWTS shall be
discharged at a state-approved septage disposal facility.
J.
Cesspools and unpermitted systems.
[Amended 4-11-2022 by Ord. No. 2022-04-11 B]
(1)
Subsequent to the functional or first baseline inspection, all cesspools
and unpermitted systems in the Town of Portsmouth shall be inspected
every two years.
(2)
Replacement.
(a)
Cesspools located within 50 feet of a Town or state storm drain
must be replaced by the earlier of the following:
(b)
Other cesspools in Portsmouth must be replaced by the earlier
of the following:
(c)
Unpermitted OWTS within IP/PP located within 50 feet of a Town
or state storm drain must be replaced by the earlier of the following:
(d)
Other unpermitted OWTS within IP/PP must be replaced by the
earlier of the following:
(e)
Unpermitted OWTS outside of IP/PP must be replaced immediately if
the system is determined to be failed.
K.
Holding tanks.
(1)
Holding tank owners must have the holding tank inspected annually
by an approved inspector. The tank shall be pumped completely as part
of the annual inspection. The inspector shall certify in writing,
at minimum, the integrity of the tank, alarm and telemetry functioning,
and that the system has not been bypassed or otherwise tampered with.
Inspection results shall be submitted by the inspector to the Wastewater
Manager and to the RIDEM Office of Water Resources as required by
the RIDEM holding tank policy. Failure to complete inspections and
pump outs in accordance with this section shall be deemed a violation
of this chapter.
(2)
All holding tank owners are responsible for maintaining a regular
pump out schedule as needed and shall maintain records of pump outs
from the holding tank for the most recent four years. These records
shall be provided to the Wastewater Manager and/or RIDEM upon request.
All pump out receipts shall include the date and volume pumped during
each service visit and shall be reported to the Wastewater Manager
by both the holding tank owner and by the licensed septage transporter.
(3)
All holding tank owners are required to hold a valid pumping contract
for the holding tank with a licensed septage transporter at all times.
It is the owner's responsibility to provide the Wastewater Manager
and RIDEM with a copy of this pumping contract.
(4)
If the number of pump outs exceeds 12 in any calendar year, the Wastewater
Manager shall notify RIDEM.
A.
The purpose of this Section is to provide an efficient means of alleviating
the public health and environmental problems associated with failed
OWTSs and noncompliance with the inspection requirements of this chapter.
It is also designed to provide the owners of failed systems with the
opportunity for technical and administrative assistance in repairing
their failed systems. Failure to comply with any requirements of this
chapter shall be deemed a violation. The Wastewater Manager shall
be responsible for the enforcement of the provisions of this chapter.
B.
Failure to apply. Failure to submit an OWTS application to RIDEM for repairs to or replacement of a failed system or a cesspool subject to the Rhode Island Cesspool Act within the time frame established in a notice of violation shall be deemed a violation of this chapter. Town enforcement shall be limited to failure to submit an OWTS application and to implement the immediate temporary measures required pursuant to § 392-6H(3) The Wastewater Manager shall notify RIDEM of said noncompliance, and RIDEM shall be responsible for further enforcement against said OWTS owners for the failure to repair or replace.
C.
Failure to pump and inspect.
(1)
Failure to have an OWTS pumped and inspected as directed by the Wastewater Manager and/or as required by this chapter shall be deemed a violation of this chapter, and the Wastewater Manager shall take appropriate enforcement action, including issuance of a notice of violation seeking injunctive relief and penalties as described in § 392-7G and H of this chapter.
(2)
If proof of system pumping and inspection is not received by the
Wastewater Manager within 60 days of notification, the Wastewater
Manager may, after written notice to the owner and after no response
or appeal within two weeks on the part of the OWTS owner, hire an
inspector and licensed septage transporter to complete the required
activity, and the OWTS owner will be billed by the Town. The OWTS
owner will be notified by certified mail, return receipt requested,
of the intended date and time of such actions. The bill will include
the actual cost of pumping and inspection as well as associated administrative
costs.
D.
Failure to pay bill. Failure to pay a bill incurred by the Wastewater
Manager for the pumping and inspection of the OWTS shall be deemed
a violation of this chapter and constitute a lien on the owner's property.
The OWTS owner shall be responsible for any associated interest, administrative
and court costs.
E.
Failure to replace a cesspool or unpermitted system. Failure to cause the removal of a cesspool or unpermitted system per the timetables outlined in § 392-6A above shall be deemed a violation of this chapter.
F.
Failure specific to holding tanks. Failure of a holding tank owner
to provide holding tank pump out receipts including the date and volume
pumped during each service visit and provide a copy of a current valid
pumping contract with a licensed septage transporter to the Wastewater
Manager shall be deemed violations of this chapter.
G.
Notice of violation. The Wastewater Manager may issue a notice of
violation to any owner of an OWTS deemed to be in violation of any
of the provisions of this chapter. The notice shall be in writing
and shall be issued by regular mail, and by certified mail, return
receipt requested, and contain an explanation of the nature of the
violation, required actions, any assistance that is available from
the Town, a reasonable time frame for compliance, and the possible
consequences for noncompliance.
H.
Penalties. Any OWTS owner may be subject to a penalty of not more
than $100 per violation per day for noncompliance with any provision
of this chapter. Each day of continuing violation shall constitute
a separate and distinct violation. Fines issued under this chapter
shall not exceed $500 per day for combined violations of this chapter.
Each day of a continuing violation constitutes a separate and distinct
violation.
I.
Administrative conference. All OWTS owners are encouraged to resolve
disputed notices of violation or inspection reports issued by the
Wastewater Manager or inspection forms completed by inspectors at
an informal administrative level before appealing to the Wastewater
Appeals Board. Any owner of an OWTS who is aggrieved by any action
or finding of the Wastewater Manager or inspector shall have the right
to an administrative conference. Request for an administrative conference
shall be submitted in writing to the Portsmouth Town Clerk who shall
in turn notify the Wastewater Manager to convene the meeting. The
request shall be in writing, within 30 days of the disputed action
and shall state clearly the factual and/or legal issue(s) or decision
to be resolved, the reason for requesting the conference, and the
relief sought. Representatives at the administrative conference shall
include the Wastewater Manager, the Building Official, the inspector,
if needed, the Town Administrator and a designated member of the Town
Council. An administrative conference shall be convened within 30
days following the request and earlier whenever possible. A written
consent agreement, signed by the Town and the OWTS owner, shall outline
the specifics of any agreement developed as a result of an administrative
conference.
J.
Hearings and appeals.
(1)
Any owner of an OWTS who receives a notice of violation of this chapter
shall have the right to a hearing before a quorum of the Wastewater
Appeals Board. A request for such a hearing must be made within 30
days of receipt of the notice, and shall be filed with the Town Clerk's
office.
(2)
The appeal shall be in writing and shall state clearly the factual
and/or legal issue(s) or decision that is being appealed, the reason
for the appeal and the relief sought.
(3)
Upon receipt of an appeal, The Town Clerk shall notify the Wastewater
Appeals Board who in turn shall require the Wastewater Manager to
transmit forthwith to the Wastewater Appeals Board all papers, documents
and plans, or a true copy thereof, constituting the record of the
action which is being appealed.
(4)
An appeal shall stay all proceedings in furtherance of the action
being appealed. Under no circumstances, however, shall an OWTS that
presents an imminent or potential endangerment to the environment
and/or the public's health be allowed to continue to do so during
the appeal process.
(5)
The Wastewater Appeals Board shall schedule a hearing on such an
appeal within 60 days of receipt of the notice of appeal. Notice of
the hearing shall be sent to the appellant at least 10 days prior
to the date set.
(6)
A quorum is hereby defined as a minimum of three Wastewater Appeals
Board members.
(7)
At the hearing, the appellant and any other interested party shall
be permitted to present evidence and argument on all issues involved.
(8)
The Wastewater Appeals Board shall cause minutes to be kept of each
hearing, and shall provide for an audio recording of each hearing.
Hearings may be recorded by stenographer at the request of any party,
provided that said party pays for the stenographer and the transcript.
(9)
Any final order and/or decision by the Wastewater Appeals Board shall
be stated on the record at the conclusion of the hearing and shall
be made in writing. The final order and/or decision shall include
findings of fact and conclusions of law, separately stated. All final
orders and/or decisions shall be sent by certified mail, return receipt
requested, to the appellant and shall be recorded in the Town Clerk's
office. The Wastewater Appeals Board final order and/or decision shall
be considered a final administrative action for purposes of judicial
review.
(10)
In exercising its powers, the Wastewater Appeals Board may,
in conformity with the provisions of this chapter, reverse or affirm
wholly or partly and may modify the order, requirement, decision,
or determination appealed from and may make any orders, requirements,
decisions, or determinations that ought to be made, and to that end
has the powers of the administrative officer from whom the appeal
was taken.
K.
Appeals to District Court.
(1)
Any person or owner aggrieved by a decision of the Wastewater Appeals
Board may seek judicial review of the decision.
(2)
Proceedings for review are instituted by the filing of a complaint
in the Second Division District Court within 30 days of the date the
decision was issued.
(3)
The filing of a complaint shall not stay the decision of the Wastewater
Appeals Board. The Wastewater Appeals Board may grant, or the Court
may order, a stay upon appropriate terms.
(4)
Within 30 days after service of the complaint, or within further
time allowed by the Court, the Wastewater Appeals Board shall transmit
to the Clerk of the Court the entire record of the proceedings under
review.
(5)
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 Appeals Board, the Court may order that the additional
evidence be taken before the Wastewater Appeals Board upon conditions
determined by the Court. The Wastewater Appeals Board 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.
(6)
The review shall be conducted by the Court without a trial and shall
be confined to the records. Only in cases of alleged irregularities
in the procedure before the Wastewater Appeals Board 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.
(7)
The Court shall not substitute its judgment for that of the Wastewater
Appeals Board as to the weight of the evidence on questions of fact.
The Court may affirm the decision of the Wastewater Appeals Board
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:
(a)
In violation of constitutional or statutory provisions;
(b)
In excess of statutory authority of the Wastewater Appeals Board;
(c)
Made upon unlawful procedure;
(d)
Affected by other error of law;
(e)
Clearly erroneous in view of the reliable, probative and substantial
evidence on the whole record; or
(f)
Arbitrary or capricious or characterized by an abuse of discretion
or clearly unwarranted exercise of discretion.
A.
Fines collected. Any funds collected in the course of implementing
this chapter shall be kept as an enterprise account, separate from
the Town's general fund, to be used in furtherance of the purposes
of this chapter.
B.
Program financing. The Town Council shall have the authority to raise
funds for the administration, operation, contractual obligations,
and services of the District.
C.
Septic loan program. The Town under the authority of the State Legislature
shall have the authority to issue bonds or notes, or to receive grants
for the purpose of establishing a revolving fund. This fund may be
used to make low-interest loans or grants available to qualified property
owners for the improvement, correction, or replacement of a failed
OWTS. The Finance Director, in conjunction with the Wastewater Manager,
Planning Department and Town Administrator shall establish specific
criteria to define eligibility for grants or loans. These criteria
are subject to approval by the Town Council.
D.
Pump out subsidies. The Town shall have the authority to establish
a pump out subsidy program to incentivize OWTS owners to maintain
a proper pump out schedule under the direction of the Wastewater Manager.
Criteria and funding sources for this program are at the discretion
of the Town Council.
A.
A public education program shall be established and overseen by the
Wastewater Manager, with technical assistance from other appropriate
sources, to inform people about the benefits and goals of the Wastewater
Management District and this chapter. The public education program
may include public presentations, public awareness programs, written
materials, and other program incorporating print, radio, or television
media as necessary and appropriate. The educational program shall
include, but not be limited to the following:
(1)
The operations and management framework of the Wastewater Management
District;
(2)
The proper operation and maintenance of OWTS;
(3)
The proper disposal of hazardous waste, including household hazardous
waste;
(4)
Water conservation and the development of a water conservation program;
(5)
The protection of critical resource areas;
(6)
The use of environmentally sensitive cleaning products.
B.
In addition to the general public education described above, each
notice sent to an OWTS owner shall contain educational materials specific
to the notice and the actions that must be taken.
C.
The Wastewater Manager shall prepare a written report submitted to
the Town Administrator at the end of each fiscal year describing the
public education program as implemented during the previous 12 months
and an implementation plan for the next 12 months.
