Tanzi
bill would begin statewide cesspool phase-out
STATE HOUSE –As a means to protect the public and
the environment, Rep. Teresa Tanzi (D-Dist. 34, South Kingstown, Narragansett) has
introduced legislation to eliminate cesspools in Rhode Island.
Cesspools – buried chambers that receive sewage
from a building for disposal into the ground – release untreated human waste
into the environment, often in direct contact with groundwater. New cesspool
construction was banned in Rhode Island in 1968, and since then new buildings
have generally been connected to municipal sewers or built with onsite septic
systems that safely treat waste.
Under legislation passed in 2007, by this year
all cesspools within 200 feet of coastal waters and public drinking water
supplies were required to be replaced either by state-approved on-site
wastewater treatment systems or connections to sewer systems.
But that still leaves thousands of other
cesspools in use across the state that threaten the environment and public
health, and Rhode Island needs a plan to eliminate them.
As of last year, there were still about 25,000
cesspools in the state, according to Department of Environmental Management
estimates.
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| Donna Walsh and Teresa Tanzi frequently team up on bills |
Representative Tanzi’s bill, which she submitted
in conjunction with the DEM, teams her up once again with Rep. Donna M. Walsh
(D-Dist. 36, Charlestown, South Kingstown, Westerly and New Shoreham) who is
cosponsoring the bill. Representatives Tanzi and Walsh have worked closely to
tackle these problems.
The bill would require that all cesspools in the
state, regardless of location, be replaced when they fail, or when the property
is sold or transferred to someone outside the seller’s immediate family. The
replacement must occur within 12 months of the date of the sale or transfer.
The legislation also requires that any property that currently uses a cesspool
but has a sewer stub for connection to a public sewer be connected to the sewer
by Jan. 1, 2016.
Representative Tanzi said using the point of sale
as a trigger for cesspool replacement makes sense because in recent years, many
lenders – in particular the Federal Housing Administration – have become
reluctant to finance the purchase of properties with cesspools. And because of
real estate disclosure requirements, the presence of a cesspool makes it
difficult to sell properties.
“At or before the time comes to sell a property,
there’s a huge added incentive to replace a cesspool since it will come up
during the course of the transaction. Buyers will struggle to get
financing for a property with a cesspool, and the presence of a cesspool is a
knock against the property for buyers anyway. The home will be worth much more
to potential buyers with an updated septic system or a sewer hookup, so the
seller will benefit. But the biggest benefit is to the environment, because it
will mean an end to one more source of pollution,” said Representative
Tanzi.
“Since you can’t put a price tag on the value of
a cleaner environment, any time is a good time to replace an old cesspool, if
only to protect your own well water. However, I also understand that it can be
a big expense for a homeowner to replace a septic system. That’s another reason
why I believe the most practical approach is to require cesspool replacement to
occur when the property is sold. That way, at least the seller will be able to
recoup the money as part of the sales agreement,” she continued.
