The bill amends the Rhode Island Cesspool Act of 2007 to establish new requirements for cesspool removal and replacement during property transfers. It mandates that any cesspool serving a property that is being sold or transferred must be removed and replaced with an on-site wastewater treatment system (OWTS) or connected to a public sewer system. Effective January 1, 2027, the bill requires that a written inspection and certification of the property's wastewater disposal system from an approved inspector be obtained within two years prior to the closing date of the property transfer. If a property is served by a cesspool, the transfer of title cannot occur until the cesspool has been properly abandoned and replaced with an approved OWTS or the property has been connected to a public sewer system.

Additionally, the bill amends the Real Estate Sales Disclosures chapter to require that every contract for the purchase and sale of real estate served by an on-site wastewater treatment system or cesspool includes a valid wastewater disposal system certification. This certification must be provided to the purchaser prior to or contemporaneously with the execution of the purchase and sale agreement. The certification shall be deemed valid if issued within two years prior to the date of contract execution, provided no material change in system condition has occurred. Failure to include the certification will constitute a material nondisclosure under this chapter. The Department of Environmental Management, in coordination with the Department of Business Regulation, may adopt any forms or procedures necessary to implement these requirements.

Statutes affected:
7635: 23-19.15-12, 5-20.8-13