Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 10 - Wastewater And Storm Water › Part 6 - Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems › Section 250-RICR-150-10-6.57 - Cesspool Phase Out

Current through June 14, 2024
A. 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.