§ 19-278. Administration

(a) The tax collector shall be responsible for collecting fees and fines from residences, businesses and other properties regulated under this article. The director of public work, or the town manager's designee, shall be responsible for the overall administration of the wastewater management program and the wastewater management office, and the building official, wastewater management inspector or their designee shall serve as the enforcement agent. The conservation commission shall provide assistance to the wastewater management office in the development of an associated educational program. The director of public work shall develop the qualification requirements of the wastewater management inspector or its designee who is in charge of the day-to-day operation of the wastewater management program and the wastewater management office. At a minimum, the wastewater management inspector, or his/her designee shall have completed the basic level courses to be accredited through the University of Rhode Island Onsite Wastewater Training or an equivalent training program.

(b) Power and duties of town council under this article.

(1) Meetings of the town council shall be held at the call of the first warden or second warden or by the vote of a majority of the town council members. The first warden or in her/his absence, the second warden or in his/her absence, the acting warden shall be empowered to administer oaths and compel the attendance of witnesses.

(2) It shall be the duty of the town council, without limitation, to:

a. Develop rules and regulations for the implementation of this article .

1. Prior to the adoption, amendment or repeal of the rule or regulation, the town council shall:

i. Give at least 20-days' notice of its intended action. The notice shall include a statement of either the terms or substance of the intended action or a description of the subjects and issues involved, and of the time when, the place where, and manner in which interested persons may present their view thereon. The notice shall be published in a newspaper, newspapers, or other publications having general circulation throughout the town. Copies of proposed rules shall be available at the town hall and by mail to any member of the public upon request.

ii. Afford all interested persons reasonable opportunity to submit data, views, or arguments, orally or in writing. Opportunity for oral hearing must be granted if requested by 25 persons or by a governmental subdivision of the town. The town council shall consider fully all written and oral submissions respecting the proposed rule or regulation.

2. Upon adoption of a rule or regulation, the town council, if requested to do so by an interested person, either prior to adoption or within 30 days thereafter, shall issue a concise statement of the principal reasons for and against its adoption, incorporating therein the town council's reasons for overruling the consideration urged against its adoption.

b. The town council shall establish such rules and regulations for the conduct of its own proceedings for the implementation of this article, for examining permits, review of compliance rules and regulations of this article, hearings, investigations, assessment of penalties, fines and levies, and as may otherwise be necessary and proper for the implementation of this article and which are consistent with the laws of the State of Rhode Island, of the United States of America and the Charter of the town.

c. Render declaratory rulings regarding the rights and obligations of any person or owner of property that is subject to the requirements of this article.

d. Hear and decide appeals from any violation notice issued pursuant to this article.

e. Levy fines, after a hearing, for violations pursuant to this article.

1. Any such fines shall not be greater than $100.00 per violation per day of outstanding violation. Each day of continuing violation shall constitute a separate and distinct violation. Fines issued under this article shall not exceed $500.00 per day for violations.

2. Before the assessment of any fine/penalty or fee, the town council shall provide for a hearing. Further, this article and its regulations shall provide that any person aggrieved by the final decision of the town council in assessing a fine/penalty or fee, ordering compliance or other action shall have the rights of appeal pursuant to Rhode Island General Laws, Administrative Procedures Act, Chapter 35 of Title 42 and to the district court.

f. Contract for services with independent licensed/permitted septage transporters, licensed OWTS installers and others as necessary. All septage transporters must be licensed by the state department of environmental management and registered with the sewer commission.

g. Provide for the passage of authorized persons onto private property when necessary for periodic investigations and inspections of OWTS.

h. Order the maintenance of OWTSs based upon inspection results.

i. In the event that a property owner fails to repair or replace a failing OWTS within the time frame specified in the notice of violation, and after hearing thereon, the town council is empowered to seek an order from the Superior Court for the County of Washington to enjoin the property owner from interfering with the efforts of the town council and/or the wastewater management office to effectuate the repairs or the replacement of the OWTS on the property. In addition, the town council shall be empowered to assess all the costs incurred in enforcing this article, its regulations, orders and directives, together with all the costs specifically of repairing or replacing the OWTS as a fine/penalty and may attach the property to enforce the payment of such fine/penalty.

(Ord. of 11-4-1996, § 10.0; Ord. of 12-7-2005, § 10; Ord. of 9-17-2008, § 10; Ord. of 12-7-2009, § 10; Amd. of 3-5-2012)