Section 250-RICR-150-10-6.57 - Cesspool Phase OutA. General - Cesspools are not an approved method of wastewater disposal in Rhode Island, and all existing cesspools are considered to be substandard in accordance with § 6.6(G) of this Part. Cesspools in Rhode Island must be removed and replaced if they meet the failure criteria in § 6.8 of this Part, meet the definition of a large capacity cesspool in § 6.8 of this Part, local government ordinances require removal and replacement, or if they are subject to the requirements of § 6.57(C) of this Part pursuant to R.I. Gen. Laws Chapter 2319.15.B. Large Capacity Cesspools - The use of large capacity cesspools is prohibited statewide in accordance with U.S. Environmental Protection Agency "Revisions to the Underground Injection Control Regulations for Class V Injection Wells", December 7, 1999, 40 C.F.R. Parts 9, 144, 145 and 146, incorporated above at § 6.7(E) of this Part. Any such large capacity cesspool shall cease to be used and shall be properly removed or abandoned in accordance with § 6.56 of this Part. Any large capacity cesspool shall be properly removed or abandoned within one (1) year of discovery unless an immediate public health hazard is identified, in which case the Director may require a shorter period of time.C. Cesspool Removal and Replacement - Cesspools shall cease to be used for wastewater disposal and shall be properly abandoned in accordance with the schedule below in §§ 6.57(C)(1) through (3) of this Part. Any cesspool required to be abandoned pursuant to this Rule shall be properly abandoned in accordance with § 6.56 of this Part and such cesspool shall be replaced with an approved OWTS, or the building served by the cesspool shall be connected to a public wastewater system, prior to the applicable deadlines contained in this Rule. 1. Any cesspool deemed by the Department or a System Inspector to be failed shall be properly abandoned within one (1) year of discovery unless an immediate public health hazard is identified, in which case the Director may require a shorter period of time.2. Any cesspool found to be serving a building or use subject to sale or transfer shall be removed or abandoned within twelve (12) months of the date of sale or transfer. Should the manner of wastewater disposal be unknown, an inspection shall be conducted to determine if a cesspool is present on the property. This inspection shall be done by a System Inspector prior to the time of sale or transfer.3. Any cesspool within two hundred feet (200') of the inland edge of a coastal shoreline feature bordering a tidal water area (corresponding to the jurisdiction of the R.I. Coastal Resources Management Council), or within two hundred feet (200') of a public drinking water supply well, or within two hundred feet (200') of a surface drinking water supply impoundment with an intake for the water supply, shall be removed or abandoned by January 1, 2014.D. Temporary Hardship Extension - The Director may grant an extension for the removal and replacement requirements in § 6.57(C)(3) of this Part provided the homeowner demonstrates undue hardship and the cesspool is not a failed system. Undue hardship is defined as having an annual income of less than or equal to eighty percent (80%) of the appropriate household size area median income determined by federal Housing and Urban Development standards for the community within which the cesspool is located (Area median income data is available online at https://www.huduser.gov/portal/datasets/il.html). Requests for a hardship waiver shall be on forms provided by the Director and accompanied by all necessary financial information specified on the form. Said extension letter shall be recorded in the land evidence records of the municipality where the property is located. No extension shall extend beyond January 1, 2019. Any extension granted shall expire upon transfer or sale of the land or easement upon which the cesspool is located and any such cesspool shall be replaced within one (1) year of the transfer or sale or by January 1, 2019, whichever is sooner.E. Exemptions 1. The provisions of §§ 6.57(C)(2) and (3) of this Part shall not apply to any cesspool located in an area of a community covered by a municipal onsite wastewater management ordinance that requires the risk-based phase-out of cesspools prior to January 1, 2014. The Department shall maintain a list of exempt communities.2. The provisions of §§ 6.57(C)(2) and (3) of this Part shall not apply to any cesspool located on a property that is properly designated to be served by a public wastewater system no later than January 1, 2020 provided that: a. It is not a failed cesspool;b. The sewering project is identified in the city, town or sewer district's wastewater facilities plan as approved by the Department prior to January 1, 2013;c. The municipality, acting through its city or town council, states in writing to the Director by January 1, 2013 that the municipality will complete construction of the sewering project on or before January 1, 2020;d. The property owner certifies, in writing, that the dwelling/building will be connected to the public wastewater system within six (6) months of receipt of the notification to connect to said system and that no increase in flow or number of bedrooms in the structure will occur until the connection is made; ande. No later than December 31, 2014, the municipality holds bonding authorization or some other dedicated financial surety for expansion of the public wastewater system to the area of the building served by the cesspool. If the municipality fails to demonstrate such surety, exemption under § 6.57(E)(2) of this Part shall terminate and the cesspool shall be replaced by June 30, 2015.250 R.I. Code R. 250-RICR-150-10-6.57
Amended effective 11/25/2018
Amended effective 12/28/2021
Amended effective 7/1/2022