TITLE 23

Health and Safety

CHAPTER 23-19.5

Percolation Tests and Water Table Elevation Determinations

SECTION 23-19.5-2



   § 23-19.5-2  Certification by department of

environmental management. –

(a) Prior to advertising or representing any parcel of property as being for

sale or other transfer or conveyance as a "buildable" or "developable"

property, so called, the seller shall cause a registered professional engineer

or registered professional land surveyor to submit and receive approval of any

applications, plans, specifications, fees, percolation tests, groundwater table

elevation determinations and other compilations of information as may be

required by the department of environmental management in order to certify the

property's suitability for development as a subdivision or to approve or renew

an approval for the installation of an individual sewage disposal system on the

property. No building shall be erected on the property after this unless an

approval for the installation of an individual sewage disposal system has been

issued and remains valid in accordance with the rules and regulations of the

department of environmental management.



   (b) No subdivision certification or approval or renewal for

the installation of an individual sewage disposal system shall be issued by the

department unless the application for this certification, approval or renewal

is accompanied by valid tests, determinations, and/or data in accordance with

this chapter.



   (c)(1) All tests, determinations and/or data necessary for

the design and installation of an individual sewage disposal system, compiled

by a registered professional engineer or registered professional land surveyor

after January 1, 1992 and certified in accordance with subsection (a) shall be

considered valid, provided that at the time of application to install,

construct or alter a system using these tests, determination, and/or data, that

a registered professional engineer or registered professional land surveyor

shall present to the department of environmental management an affidavit, in a

form satisfactory to the department, stating that the tests, determinations

and/or data are still valid and that there have been no significant changes to

the property and/or surrounding properties that would adversely affect the

validity of the tests, determinations, and/or data previously obtained and/or

submitted.



   (2) All tests, determinations and/or data necessary for the

design and installation of an individual sewage disposal system, compiled by a

registered professional engineer or registered professional land surveyor

between July 21, 1987 and January 1, 1992 certified in accordance with

subsection (a) shall be considered valid provided that at the time of

application to install, construct, alter, or repair a system using the tests,

determinations, and/or data, that a registered professional engineer or

registered professional land surveyor shall present an affidavit, in form

satisfactory to the department of environmental management, stating that the

tests, determination and/or data are still valid and that there have been no

significant changes to the property and/or surrounding properties that would

adversely affect the validity of the tests, determinations, and/or data

previously obtained and/or submitted; provided, however, that the director of

the department of environmental management reserves the right to require

additional tests, determinations and/or data for the design and installation

upon 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 environmental

management in approving an application and seeks also to renew the approval,

the application for renewal of the approval and tests, determinations and/or

data shall be accompanied by the affidavit of a registered professional

engineer or registered professional land surveyor, as described in subsection

(c) of this section, and new or revised plans and specifications for the

previously approved sewage disposal system that meet the department's current

regulatory requirements.



History of Section.

(P.L. 1976, ch. 269, § 1; P.L. 1977, ch. 182, § 10; G.L. 1956, §

23-55-2; P.L. 1979, ch. 39, § 1; G.L. 1956, § 23-19.5-2; P.L. 1992,

ch. 266, § 1; P.L. 1995, ch. 78, § 1.)