Cesspool replacement in Rhode Island: the 12-month rule
If a Rhode Island property with a cesspool changes hands, the cesspool's days are numbered by law. Here's what the Cesspool Act requires, who it applies to, and what replacing one involves. This is general background, not legal advice. RI DEM and your closing attorney are the authorities.
What the law says
- At a sale or transfer: the cesspool must be removed from service within one year of the closing date. This covers any closing on or after January 1, 2016, statewide.
- If the cesspool has failed: it must be replaced within one year of the failure, or faster if there's an imminent threat to public health.
- Close to the coast or a public water supply: cesspools within 200 feet of a tidal shoreline, a public well, or a drinking water supply intake had a deadline of January 1, 2014. Any still in use there are already out of compliance.
"Removed from service" means one of two things: replacing the cesspool with a permitted septic system, or connecting the building to a public sewer.
Transfers that don't start the clock
The sale rule doesn't apply to certain family transfers, such as those between spouses, between parents and children, or between siblings, and transfers into some family trusts. Ask your attorney whether yours qualifies.
What counts as "failed"
DEM treats a cesspool as failed if any one of these is true:
- Sewage backs up into the building or surfaces on the ground
- The liquid level sits less than six inches from the bottom of the inlet pipe
- It needs pumping more than twice a year
- It's contaminating a well, stream, or wetland
- The bottom of the cesspool is below the groundwater table
Not sure what the house has?
Plenty of owners don't know. If the method of wastewater disposal is unknown, state law calls for an inspection by a system inspector before the sale to find out whether a cesspool is there. Purchase contracts for homes that may be on a cesspool also give the buyer a ten-day window to have the system inspected, unless both sides agree to a different period.
Who pays: buyer or seller?
The law sets the deadline, not who writes the check. Buyers and sellers negotiate it, and it usually shows up in the price or the terms. Whoever owns the house after closing is the one facing the one-year deadline, so buyers should have a number in hand before they sign.
What it costs
DEM puts the average cost of replacing a cesspool with a conventional septic system at about $10,000 to $15,000. A sewer tie-in, where a sewer line is available, typically runs $2,000 to $4,000, depending on the distance to the line and what's in the way.
The big exception is near the water. Within the coastal management areas for the Salt Ponds and the Narrow River, a replaced cesspool has to become an advanced system that reduces nitrogen, which costs considerably more. System types and costs →
How a replacement goes
- A licensed designer evaluates the site and soils and draws up the system.
- The design goes to DEM for a permit.
- A licensed installer builds it, and the old cesspool is pumped and properly abandoned.
- The work is inspected and the paperwork is closed out.
Design and permitting take longer than digging, so starting in month ten of a twelve-month deadline is cutting it close.
Help paying for it
Low-interest loans for cesspool replacement are available in many towns through the Community Septic System Loan Program. Loan details →
Send one request
Tell us what's going on and which town you're in. It takes a couple of minutes and costs nothing. A confirmation email arrives right away. We review every request and work to connect you with a licensed Rhode Island septic professional who serves your town.
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