The  Rhode Island Department of Enviromental Management estimates that 50,000 cesspools still exist in the state contributing  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 these key water resources. Cesspools don’t treat wastewater, they merely dispose of it; In contrast, conventional INDIVIDUAL SEWAGE DISPOSAL SYSTEM, (ISDS) AKA septic systems, place the wastewater well above the level of soils saturated by groundwater and they disperse over a large area, which results in substantial removal of pollutants.

Although DEM has not yet written the regulations to enforce all provisions of the  new law,  if you are buying a property that is currently served by a cesspool – you should determine whether your property is  subject to this law. High risk areas include those  within 200 feet of a public drinking well, surface drinking water supply, or inland edge of a shoreline bordering a tidal water area. The mandatory Disclosure form that sellers sign has been revised to inform buyers about the new cesspool law and their right to an inspection. Buyers will have 10 days to have a cesspool inspected. (Can be waived ) 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.
Some communities, such as South Kingstown, Charlestown, and Block Island have adopted local ordinances that are stricter than this legislation, so make sure to check local requirements as well.

Here are some of the costs associated with this new regulation:

• The   average cost to replace a cesspool with a proper septic system:  $10,000, unless you have special requirements, small lot, proximity to water, then it could be double that
• The average cost to tie-in to a sewer system:    $1,000- $2,000
• Average inspection costs are likely to range from $75-$250, plus an additional $175 to $200 if it needs to be pumped.

 This Week’s Real Estate Insight:

The new regulations only apply to those cesspools in high risk areas, to find out more check out the DEM FAQ sheet here

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