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4/10/2024 House passes Shanley legislation allowing DEM to drain, remove or replace overflowing septic systems
STATE HOUSE — The House of Representatives has passed legislation introduced by Rep. Evan P. Shanley (D-Dist. 24, Warwick, East Greenwich) that would give the Department of Environmental Management the power to drain private septic systems that are in a state of overflow.

The bill (2024-H 7654A) would permit the DEM to work with municipalities to perform a forced drainage, removal, and if necessary replacement of an overflowing septic system to remediate and rectify an overflow situation and then bill the property owner for the services. Currently, DEM can only fine then evict through the courts. This legislation creates a quick remedy to address the health hazards caused by an overflowing septic tank. 

The issue was first brought to Representative Shanley’s attention when a constituent on Vancouver Avenue in the Apponaug section of Warwick reported the overflow of a septic system that was creating a problem in the neighborhood.

“As localized flooding becomes more and more of an issue, the danger of overflowing septic systems has become a serious problem,” said Representative Shanley. “While DEM can take enforcement action against property owners found to be out of compliance state law, property owners sometimes lack the finances to implement these actions. This bill gives municipalities the authority to take these actions and, if necessary, recoup those costs through a lien. No one wants to live next door to a septic tank that has been overflowing for a year.”

The measure now moves to the Senate, where similar legislation (2024-S 2955) has been introduced by Sen. Matthew L. LaMountain (D-Dist. 31, Warwick, Cranston).

For more information, contact:
Daniel Trafford, Publicist
State House Room 20
Providence, RI 02903
(401)222-1922