250 R.I. Code R. 250-RICR-150-10-6.6

Current through December 26, 2024

Section 250-RICR-150-10-6.6 - Administrative Findings

A. OWTSs are an integral part of our total wastewater infrastructure representing the decentralized systems on the Rhode Island landscape. The people of the State should be assured that adequate OWTSs have been and are being provided and maintained for all dwellings and buildings not served by public wastewater systems.

B. OWTSs must be viewed as wastewater treatment and dispersal systems, not merely as disposal systems. OWTSs must be located, designed, constructed, operated, and maintained in a manner to produce an effluent that, when released into the environment, will not cause adverse public health or environmental impacts.

C. The improper location, design, construction, operation and maintenance of OWTSs may have the following harmful effects:

1. Public health may be imperiled by diseases and other health hazards relating to inadequately treated wastewater;

2. The public health and interest may be harmed by contamination of groundwater resources that are now used or which may be used in the future as sources of public or private drinking water supply;

3. The public health and interest may be harmed by contamination of public or private drinking water wells and other water supplies or tributaries thereto;

4. Freshwater and coastal waters of the State may be imperiled by high nutrient and bacteriological contamination;

5. The people of the State may be inconvenienced or harmed by nuisance conditions such as odors and OWTS overflows; and

6. The public use and enjoyment of the water resources of the State for recreational endeavors may be disrupted or imperiled by contamination of those resources.

D. The science and technology for onsite wastewater treatment and disposal is rapidly advancing, necessitating that licensed professionals and the Department continue to evaluate and share information and knowledge in order to more effectively protect the public health and the environment.

E. Properly functioning OWTS, other than those employing nitrogen reducing technologies, remove only a small percent of nitrogen in the wastewater. Excess nitrogen is a contaminant in drinking water. Excess nitrogen in estuarine environments causes eutrophication, which results in depleted dissolved oxygen conditions and habitat loss.

F. Phosphorus in OWTS wastewater is a contaminant that can cause eutrophication in fresh water environments, which results in habitat loss.

G. Cesspools are not an approved method of wastewater disposal under these Rules, and all existing cesspools are considered to be substandard.

1. There exists a need to abate pollution and threats to public health caused by cesspools;

2. Cesspools contribute directly to groundwater and surface water contamination and environmental impacts will be exacerbated by increased precipitation, storm frequency, and sea level rise;

3. Wastewater disposed from cesspools can pose significant health threats to people who come into contact with, or consume, contaminated surface waters or groundwaters;

4. Appropriate treatment of wastewater disposed into the ground is essential to the protection of public health and the environment, particularly in relation to Narragansett Bay and the rest of the State's coastal region, and public drinking water resources;

5. Replacement of cesspools with modern OWTS technology reduces risks to public health and the environment;

6. In areas served by public wastewater systems, connection to said system offers a readily available, low-cost means of mitigating problems and threats caused by cesspools; and

7. A fund exists to assist homeowners with the costs of removing cesspools and inadequate septic systems and replacing them with an approved OWTS if the community in which the homeowner resides has created a wastewater management district in accordance with R.I. Gen. Laws Chapter 45-24.5.

H. OWTSs must be properly maintained to prevent their malfunction or failure in order to help avoid both contamination of State waters and the associated risks to the public health and to help preserve natural ecosystems.

I. Prior to January 1, 2008, the Department used the term "Individual Sewage Disposal Systems," or ISDS, in these Rules when referring to onsite wastewater treatment systems. The term "Onsite Wastewater Treatment Systems,"? or OWTS, has been used since January 1, 2008, and is synonymous with ISDS.

250 R.I. Code R. 250-RICR-150-10-6.6

Amended effective 11/25/2018
Amended effective 12/28/2021
Amended effective 7/1/2022