Rhode Island banned cesspools in 1968 because they do not treat waste; instead cesspools leach untreated waste into our water supplies. The Department of Environmental Management (DEM) estimates that approximately 50,000 cesspools still exist and contribute to pollution of drinking water and water in beach areas, which is why it filed legislation to inspect and replace failed cesspools that are located near key water resources. This legislation does not apply to all cesspools; only those in high risk areas.

The legislation was enacted by the House and Senate and was just signed by the Governor. The effective date of the law is June 1, 2008, which will give DEM time to write regulations to provide more guidance. To read the full text of the law, click here:
http://www.rilin.state.ri.us/BillText07/HouseText07/H5037Baa.pdf

The Rhode Island Association of REALTORS originally opposed the legislation but worked with DEM over the past several years to improve the legislation. Here are some of the highlights:

• Buyers will have a period of ten days that can be voluntarily waived in which to have a cesspool inspection conducted.
• The sales disclosure form will be revised to inform buyers about the new cesspool law and their right to an inspection.
• Cesspools located in high risk areas, including within 200 feet of a public drinking well, surface drinking water supply, or inland edge of a shoreline bordering a tidal water area (subject to Coastal Resources Management Council jurisdiction.) must be inspected over a period of time based on a schedule to be determined by DEM. The final deadline is January 1, 2012 based on the risk that they pose to water quality.
• Failed cesspools in high risk areas must be replaced within one year after failure with an ISDS system or linked to a sewer system where available.
• DEM can continue to order immediate replacement of a cesspool in an emergency situation as allowed by existing law.
• All non-failed cesspools that are located in high-risk areas, will need upgrade to an ISDS by 2013 if in a non-sewered area or, if located on a sewer stub, must tie into a sewer within one year of the sale of any property that is in a sewered area.
• There will be a waiver process and there are some exemptions.

Keep in mind that some communities, such as South Kingstown, have adopted local ordinances that are stricter than this legislation, so make sure to check local requirements.

Although the first phase of this law, including mandatory changes to the sales disclosure form, will not go into effect until June, 2008, clients – particularly those who are buying a property that is currently served by a cesspool – may wish to determine whether they are subject to this law.

RIAR has offered to assist DEM with creating a brochure or guide about this new law for consumers. We will provide you with contact information and more details as they become available from DEM. Questions?

Please contact the RIAR Legal Department at 401-785-3650 x 5 so that we can share your questions with DEM.