At long last, Portsmouth adopts wastewater ordinance

Posted 9/23/15

PORTSMOUTH — After struggling for years to come to grips with its wastewater issues, the town has finally come up with a plan that satisfies the state and which doesn’t call for the installation of sewers.

After two separate public …

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At long last, Portsmouth adopts wastewater ordinance

Posted

PORTSMOUTH — After struggling for years to come to grips with its wastewater issues, the town has finally come up with a plan that satisfies the state and which doesn’t call for the installation of sewers.

After two separate public hearings Monday night that drew only a smattering of public comment, the Town Council approved an on-site wastewater management plan as well as a wastewater management district ordinance. The R.I. Department of Environmental Management (DEM) has already approved the language in both documents, according to Town Planner Gary Crosby, who received praise from council members and several residents for his thorough job in drafting the agreements.

“This is not an easy task. It has taken us, give or take, 30 years to get to this point,” Council President Keith Hamilton said at the start of the meeting.

The wastewater plan and ordinance establish rules that govern how local septic systems are inspected to document compliance with RIDEM, and also institutes regulations on removing failed cesspools and/or prohibited systems.

The ordinance and plan is in response to the notice of violation (NOV) that DEM first issued to the town in September 2010. The NOV alleged violations of the R.I. Water Pollution Act and DEM’s water quality regulations.

The town was initially ordered to install a sewer system and wastewater treatment facility to service Island Park and Portsmouth Park, and to complete a wastewater management plan. In addition, the town was fined $186,000.

However, in November 2014 both sides agreed that RIDEM would hold off on its administrative adjudicatory proceedings until the end of 2015 if the town submitted an amended draft ordinance and onsite wastewater management plan.

“We are here basically to ratify the agreement between the town and DEM,” said Mr. Crosby, adding he was looking forward to seeing the plan implemented “so we can clean up our waters.”

Synopsis of agreement

According to the memorandum of agreement between the town and DEM, the town’s wastewater plan and ordinance must incorporate the following requirements, among others:

• Inspections of all cesspools and onsite wastewater treatment systems in Island Park and Portsmouth Park must be undertaken by Jan. 1, 2017, and all other systems elsewhere in town by 2022.

• Inspections will document compliance with DEM for Island Park and Portsmouth Park and sampling of any discharges from embankments of retain walls for fecal coliform bacteria. The town shall require that inspection results are reported using a DEM-approved form. DEM has the authority to define what constitutes a “failed” system.

• All cesspools and/or un-permitted systems must be replaced (whichever comes first): immediately if they fail, when the property is sold, by the deadline as specified in R.I. General Law 23-19.15, by Jan. 1, 2020 for those within 50 feet of a storm drain, or by Jan. 1, 2025 for other systems.

• The town is responsible for taking enforcement action against property owners who fail to replace a failed system or cesspool.

• The town is eligible to take part in a septic system loan program upon formal adoption of the ordinance and plan by DEM.

• DEM will enforce the provisions of the Rhode Island Cesspool Act of 2007 in Portsmouth, and may make further revisions to the design requirements for onsite treatment systems in Island Park and Portsmouth Park.

• The agreement also called for the town to hire a wastewater manager to supervise the day-to-day administration of the wastewater management district and the provisions of the ordinance. (The town has already hired Galen McGovern, who was at Monday’s hearing, to be Portsmouth’s wastewater manager.)

Questions raised

Although council members all said it’s time the town has a wastewater plan on the books, some had reservations about language in the document.

Council member Elizabeth Pedro said the plan unfairly burdens residents of Island Park and Portsmouth Park.

“I don’t believe you can go into an entire neighborhood and not give them a fair shake,” said Ms. Pedro. “The rules for Island Park and Portsmouth Park are different than anywhere else in the state.”

A resident of Island Park concurred, saying the plan “discriminates” against Island Park. “It looks like we’re being stepped on,” he said.

Ms. Pedro said she was also concerned about DEM possibly changing the rules down the road. “This agreement gives DEM free rein,” she said. “We don’t even know what we’re approving. We don’t know what kind of revisions they’re going to make.”

Karen Gleason, who lives on Massasoit Avenue, said “the fear of sewers is still out there” and wanted assurances from the council that the plan doesn’t open the door to sewers down the road.

“It looks good on paper, but is there something behind the scenes that could be out there?” she asked.

Council member Joseph Robicheau said the plan saddles the town with too much enforcement responsibility. “I don’t think we should be doing DEM’s job,” he said, adding that the plan has “too many of DEM’s fingerprints on it.”

Mr. Crosby responded that enforcement should be a cooperative effort between the town and DEM. “We’re in a much better position than DEM to track that information,” he said.

Council member David Gleason, while agreeing that a plan is needed, argued that the one before the council Monday night “needs to be tightened up” first. He pointed out that this version of the plan is longer than the last draft from 2013, and that the council should study it further before a vote is taken.

“If I want to put my stamp on this, I want to make sure it’s right the first time I do it,” he said, asking that action be tabled for a week.

However, other council members said that barring any minor changes in language that Mr. Gleason and others pointed out, they were confident that the plan was a thorough document that should be implemented.

“If we don’t take action now, I think we’re going to be taking a step backwards,” said council member Kevin Aguiar.

“It’s a victory for the Town of Portsmouth,” added Council Vice President James Seveney, noting that residents have made it clear “they were not interested in having a sewer system installed for a variety of reasons.”

The plan was approved in a 4-3 vote, with Mr. Hamilton, Mr. Seveney, Mr. Aguiar and Michael Buddemeyer voting in the affirmative. Ms. Pedro, Mr. Robicheau and Mr. Gleason voted against the plan.

Ordinance also OK’d

The council also held a public hearing on the 18-page wastewater management ordinance, which Mr. Crosby said “is the mechanism by which we will put this plan into action.”

There was no public comment on the ordinance itself, which passed in a 5-2 vote. Ms. Pedro and Mr. Robicheau voted against the ordinance.

At the conclusion of the two-hour meeting, Mr. Hamilton said he hopes the council’s action will bring residents some closure.

“Hopefully this will allow people to move on with their lives and put wastewater behind them for a while,” he said.

Island Park, Portsmouth Park, Portsmouth Town Council, Portsmouth wastewater management ordinance

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