What the WMD Ordinance Means for Homeowners

Following a lengthy discussion Monday evening, the Town Council voted 5-1 to approve the final draft of the Wastewater Management District Ordinance.

The passage of this ordinance, according to Christopher D'Ovidio, is meant to help the town defend themselves at a court hearing in February with the Department of Environmental Management (DEM), which has fined the town for water pollution.

The final version of the ordinance will be posted on the town's Web site, according to town employees. However, the complete final draft can also be found at right.

Many members of the audience at Monday's hearing raised questions as to what exactly this new draft of the ordinance meant for homeowners.

Below, we answer some of the questions raised Monday and break down some of the major provisions outlined in the Wastewater Management District Ordinance.

Question: Does the ordinance apply to the entire town?

Answer: Yes and no. According to Town Planner Robert Gilstein, the ordinance does apply to the entire town, except the properties of Carnegie Abbey, Prescott Point, Sherwood and a few others. Those properties have an "arrangement with DEM," Gilstein said. See the related story here.

Question: How many cesspool systems will need to be replaced in the TMDL (Total Maximum Discharge Load) area?

Answer: According to Pio Lombardo of Lombardo Associates, the exact number will not be known until an inspection of every property is completed. However, the number of systems needed to be inspected within the TMDL, which includes Portsmouth Park and Island Park, is 811. These will be the first neighborhoods impacted by the Wastewater Management District Ordinance.

"About 811 systems will be inspected, not replaced, in the TMDL area over the next couple of months," Gilstein said. "We will exempt systems that are less than five years old and probably those within DEM's Cesspool Phase-out Act (within 200 ft. of a water body). We think about half of these are cesspools. Generally, if there is no record of a system on file, it is likely to be a cesspool. But we cannot confirm without on-site inspections. A so-called 'First Inspection' generally includes a pumpout. These will cost $200 or so."

Question: How long will it take to inspect every system, which includes cesspools, in the TMDL?

Answer: Two and a half months, according to Lombardo.

Questions: What is a cluster system? Will it require tearing up the roads?

Answer: "A cluster system is a system that serves more than one property, like in a shopping center," said Lombardo. "I like to call them mini sewers. Generally, they are constructed using alternative techniques, using a small diameter, low-pressure, two-inch pipe, maybe three (inches). Two-inch pipes can be moved around relatively easily and drilling technique are used that are trenchless techniques. We need to look at how we will snake these things around. We don't want to go around tearing things up."

Question: How long will homeowners be given to have their systems inspected?

Answer: "People will have 60 days to have their system inspected," said Gilstein. 

Question: Who is responsible for hiring the inspector?

Answer: "Homeowners will acquire private inspectors approved by the town," Gilstein said. "The inspectors have to report to the town." The homeowner will be responsible for hiring an inspector through the private sector, according to Gilstein. The homeowner will have 60 days from the time they are issued a letter from the town. The date of when those letters will first be issued is unknown.

Question: What happens if the homeowner fails to have their system inspected within the 60 days?

Answer: According to the ordinance, on page 10, "In the case of a violation, if the OWTS owner fails to have his/her OWTS inspected within the stipulated time period or fails to apply to RIDEM for repairs or replacement of the OWTS...the Wastewater Manager or his/her designee will take appropriate enforcement action, including proceedings for injunctive relief, as prescribed in Section F of the ordinance."

The homeowner will be issued a citation. According to the ordinance, if the person neglects or refuses to comply with the citation, they "may be fined not more than $100 per violation per day of outstanding violation." (Page 18, 3.)

Question: How much does an inspection cost?

Answer: According to a document issued by the DEM and dated Oct. 15, 2009, average inspection costs for cesspools likely range from $75-$250, plus an additional $175 to $200 if the cesspool needs to be pumped. A list of registered septic system inspectors is available online at: http://www.dem.ri.gov/programs/benviron/water/permits/isds/index.htm.

Question: How much does it cost to replace a cesspool for a proper septic system?

Answer: According to DEM, in 2009, "the average cost to replace a cesspool with a conventional septic system is approximately $10,000-$15,000. However, replacements on very small lots, lots in close proximity to wells and water bodies, or lots subject to other constraints might not be feasible with conventional septic systems."

The ordinance also authorizes a "Grant and loan program," in which a revolving fund may be used to make "low interest loans or grants available to qualified property owners for the improvement, correction or replacement of failed OWTS." An OWTS is an Onsite Wastewater Treatment System. This loan program has not been approved yet by the town, but will be discussed at a later date. For now, this is an available option listed in the ordinance.

Question: How will the ordinance be enforced?

Answer: The Wastewater Manager shall serve as the enforcement officer, according to the ordinance.

According to Gilstein, the enforcement procedures will be handled on a "case-by-case" basis.

"If an owner refused to have an inspection done or they didn't inspect within 60 days,  Section F goes through enforcement procedures and possible fines," he said. "This will be worked out on a case-by-case basis. It's not something like the FBI is coming and will throw you out of your house." 

The town does now have authority to enter onto properties that may be deemed an "immediate health hazard," Gilstein said.

Under the header "Immediate Need to Pump," the ordinance reads, "If there is no satisfactory response or action by the property owner, the Wastewater Manager is hereby authorized to enter private property without the consent of the property owner, and to effectuate a pumpout and/or immediate repairs to the system, at the owners' expense."

Question: What happens if a property owner fails to have their system replaced?

Answer: The procedure is the same as listed above for failure to conduct an inspection.  A low-income provision has been included within the ordinance. According to the town planner, households with a median income that falls below 80 percent of federal low-income guidelines will be granted a five-year extension to replace their systems.