Town Council Flushes Wastewater Management Plan Down the Drain

Island Park and Portsmouth Park residents might have been in for quite a shock this morning if the Town Council approved the wastewater management plan presented at Wednesday's meeting. 

Imagine the town ordering residents to replace all cesspools in these neighborhoods. That's right—all.

Now, imagine being told you are no longer allowed to use your garbage disposal and that an inspector has subpoena power to issue you a court order if you fail to replace your cesspool before the deadline.

That's just a few of the perimeters listed in the proposed ordinance discussed at Wednesday's Wastewater Management District Workshop.

"I really don't feel comfortable with this new draft of the ordinance," said Councilor Dennis Canario. "I picture men in fatigues and gas masks going to houses for inspection."

Instead, the town council voted unanimously to reject the proposed plan and send officials back to the drawing board.

Both Town Planner Robert Gilstein and lawyer Christopher D'Ovidio discussed the proposed ordinance at length Wednesday. Members of the town council first posed questions about the plan. A public hearing was held afterwards.

"Under Cesspools, it says you are replacing all cesspools?" asked councilor Karen Gleason. "Is there a law you are referencing?"

Both Gilstein and D'Ovidio said there was no law, but referenced the Cesspool Act of 2007, which requires the replacement of all cesspools within 200 feet (not 250 as mentioned at the meeting) of coastal shoreline features.

"Programs like these have been operating for several years in many communities," Gilstein said. He named the communities of Block Island, Narragansett and North Kingstown as examples.

"So there's no law?" Gleason said. "How many cesspools are in Island Park and Portsmouth Park? That needs to be clarified. You should reference the statute. You need to say the streets." 

According to Gilstein, Island Park is defined as from Boyd's Lane to the Escape Bridge. The borders of Portsmouth Park are defined as from east of Chase Road at Boyd's Lane to Child Street.

Gilstein said he didn't know exactly the number of cesspools that needed to be replaced since inspections have not taken place.

However, he said there are 304 systems in Island Park with 103 affected by the Cesspool Act. In Portsmouth Park, there are 129 probable cesspool systems with 24 within the cesspool phase-out act.

"I don't like the word 'all' in any directive," said Councilor James Seveney speaking about the ordinance's call to replace all cesspools in the two lowest-lying areas of town.

"To have a plan, you really need to believe in the plan," Gleason told Gilstein. "I can't live with this plan."

The ordinance also said that residents with cesspool systems would no longer be allowed to use their garbage disposals. Food can travel down the pipe and become trapped in the system.

"My wife and I just put in a new garbage disposal," said Philip Driscoll, laughing. "Do you think you're going to take her garbage disposal away? Well, I'd like to see you try."

Driscoll said the ordinance looked like "it's got DEM's fingerprints all over it."

"Don't be afraid of DEM," he told the board.

Larry Fitzmorris, founder of the Portsmouth Concerned Citizens (PCC), said the proposed plan creates a "Draconian police force." "A lot of this needs to be rejected," he said.

The council voted unanimously to reject the proposed ordinance. The audience in attendance applauded.

"Very good, very good," said Kathy Melvin.

The council also asked the town planner to work with the Portsmouth Fire and Water District, as well as the original Wastewater Management Commission to draft a new plan. The council also requested that Gilstein use the original Lombardo plan, which was drafted in 2007, as a starting point.

The town council asked the planner to return to the board with a new rough draft in late October.