The Rhode Island Cesspool Act of 2007

Rhode Island property owners should be aware of the recently enacted “Rhode Island Cesspool Act of 2007”. This legislation will become effective on June 1, 2008. The purpose of the act “…is to phase-out use of cesspools that present the highest risk to public health and/or the environment – namely, cesspools located in close proximity to tidal water areas and public drinking waters. Additionally, this chapter is intended to allow for the identification and assessment of cesspools on all properties throughout the state that are subject to sale, and to phase-out any such cesspools that are found to be failed”.

Under the act, owners of properties served by cesspools must have inspections performed no later than January 1, 2012 where:

i. the cesspool is located within 200 feet of the inland edge of a shoreline feature bordering a tidal water area;

ii. the cesspool is located within 200 feet of a public drinking water well;

iii. the cesspool is located within 200 feet of a surface drinking water supply;

iv. instances where the property is the subject of purchase and sale of real estate.

All cesspools located in these areas ( i – iii ) must be abandoned by January 1, 2013. There are specific conditions whereby cesspools in these areas may be required to be abandoned earlier that this date.

This legislation can viewed on the web at http://www.nbnerr.org/Content/RIcesspoolAct_07.pdf.

Additionally, helpful fact sheets providing summaries of the legislation and background information can be viewed on the web at these locations:

http://www.nbnerr.org/Content/CesspoolActFactsheet.pdf

http://www.dem.ri.gov/programs/benviron/water/permits/isds/pdfs/cessfaqs.pdf

http://www.dem.ri.gov/earthwatch/pdf/21.pdf

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