§ 23-19.5-2 - Certification by department of environmental management. - Rhode Island Statutes

SECTION 23-19.5-2

   § 23-19.5-2  Certification by department ofenvironmental management. – (a) Prior to advertising or representing any parcel of property as being forsale or other transfer or conveyance as a "buildable" or "developable"property, so called, the seller shall cause a registered professional engineeror registered professional land surveyor to submit and receive approval of anyapplications, plans, specifications, fees, percolation tests, groundwater tableelevation determinations and other compilations of information as may berequired by the department of environmental management in order to certify theproperty's suitability for development as a subdivision or to approve or renewan approval for the installation of an individual sewage disposal system on theproperty. No building shall be erected on the property after this unless anapproval for the installation of an individual sewage disposal system has beenissued and remains valid in accordance with the rules and regulations of thedepartment of environmental management.

   (b) No subdivision certification or approval or renewal forthe installation of an individual sewage disposal system shall be issued by thedepartment unless the application for this certification, approval or renewalis accompanied by valid tests, determinations, and/or data in accordance withthis chapter.

   (c) All tests, determinations and/or data necessary for thedesign and installation of an individual sewage disposal system, compiled by aregistered professional engineer or registered professional land surveyor afterJanuary 1, 1992 and certified in accordance with subsection (a) shall beconsidered valid, provided that at the time of application to install,construct or alter a system using these tests, determination, and/or data, thata registered professional engineer or registered professional land surveyorshall present to the department of environmental management an affidavit, in aform satisfactory to the department, stating that the tests, determinationsand/or data are still valid and that there have been no significant changes tothe property and/or surrounding properties that would adversely affect thevalidity of the tests, determinations, and/or data previously obtained and/orsubmitted.

   (2) All tests, determinations and/or data necessary for thedesign and installation of an individual sewage disposal system, compiled by aregistered professional engineer or registered professional land surveyorbetween July 21, 1987 and January 1, 1992 certified in accordance withsubsection (a) shall be considered valid provided that at the time ofapplication to install, construct, alter, or repair a system using the tests,determinations, and/or data, that a registered professional engineer orregistered professional land surveyor shall present an affidavit, in formsatisfactory to the department of environmental management, stating that thetests, determination and/or data are still valid and that there have been nosignificant changes to the property and/or surrounding properties that wouldadversely affect the validity of the tests, determinations, and/or datapreviously obtained and/or submitted; provided, however, that the director ofthe department of environmental management reserves the right to requireadditional tests, determinations and/or data for the design and installationupon the finding of good cause.

   (d) When a person seeks to both renew tests, determinations,or data that have been relied upon by the department of environmentalmanagement in approving an application and seeks also to renew the approval,the application for renewal of the approval and tests, determinations and/ordata shall be accompanied by the affidavit of a registered professionalengineer or registered professional land surveyor, as described in subsection(c) of this section, and new or revised plans and specifications for thepreviously approved sewage disposal system that meet the department's currentregulatory requirements.