2012 -- H 7485

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LC01429

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT - DEPARTMENT OF

ENVIRONMENTAL MANAGEMENT

     Introduced By: Representative Arthur Handy

     Date Introduced: February 09, 2012

     Referred To: House Environment and Natural Resources

It is enacted by the General Assembly as follows:

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     SECTION 1. Purpose and findings. – The general assembly finds and declares:

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     (1) The ability of the department of environmental management to comply with statutory

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requirements that establish protocols and procedures to govern its programs is critical to ensuring

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the optimal performance of the department and its programs;

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     (2) Statutes governing the department of environmental management and its programs are

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outdated or are no longer applicable to the functions and mission of the department.

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     (3) It is essential that the state ensure the department of environmental management’s

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activities, functions, programs, and services meet the needs of Rhode Island citizens and are

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effective and efficient in achieving the department’s mission.

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     SECTION 2. Section 5-51-2 of the General Laws in Chapter 5-51 entitled "Rhode Island

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State Board of Examiners of Landscape Architects" is hereby amended to read as follows:

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     5-51-2. Board -- Creation -- Composition -- Appointment, terms, and qualifications

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of members -- Duties -- Compensation. -- (a) (1) There is established a state board of landscape

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architects which consists of seven (7) members.

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      (2) On May 19, 1975, the governor shall appoint one member to serve until the first day

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of February, 1976, or until his or her successor is appointed and qualified; one member to serve

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until the first day of February, 1977, or until his or her successor is appointed and qualified; one

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member to serve until the first day of February, 1978, or until his or her successor is appointed

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and qualified; one member to serve until the first day of February, 1979, or until his or her

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successor is appointed and qualified; and one member to serve until February, 1980, or until his

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or her successor is appointed and qualified.

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      (3) Upon completion of the original term the terms of members identified in subdivision

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(2) of this subsection shall be for five (5) years.

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      (4) One member of the board shall be from the general public; and one member shall be

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from the state department of environmental management. Those members. This member shall

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serve for terms of five (5) years.

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      (5) Three (3) members Four (4) members of the board shall be landscape architects

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whose residences and principal places of business shall be within this state, who have been

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actively engaged in the practice of landscape architecture within this state. The original

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appointees to the board do not need to be registered but engaged in the practice of landscape

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architecture for a minimum of four (4) years.

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      (6) The governor may remove any member from office for misconduct, incapacity or

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neglect of duty.

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      (b) During the month of July of each year, the board shall elect from its members a

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chairperson and a vice chairperson.

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      (c) The secretary of the board shall keep a true and complete record of all proceedings of

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the board and shall aid in the enforcement of this chapter.

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      (d) The board may make all necessary regulations and bylaws not inconsistent with this

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chapter.

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      (e) In carrying into effect the provisions of this chapter, the board may subpoena

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witnesses and compel their attendance and may require the production of books, papers, and

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documents in any proceeding involving the revocation of registration, or practicing or offering to

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practice without registration.

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      (1) Any member of the board may administer oaths or affirmations to witnesses

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appearing before the board.

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      (2) If any person fails to appear in response to that process, or if, having appeared in

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obedience to the process, he or she refuses to answer any pertinent questions put to him or her by

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any member of the board or its counsel, he or she, upon presentation of those facts to the superior

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court, shall be subject to any fines and penalties that might be imposed by this court if that failure

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or refusal occurred in any civil action pending in that court.

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      (f) The board may establish a procedure for complaints concerning any licensed or

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certified landscape architects.

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      (g) The board shall establish procedures and programs in conjunction with the

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department of environmental management and may annually publish a report of its activities,

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operations, and recommendations.

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      (h) Members of the board shall not be compensated for meetings attended.

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     SECTION 3. Chapter 42-110 of the General Laws entitled "Chemical Purchasing Act" is

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hereby repealed in its entirety.

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     CHAPTER 42-110

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Chemical Purchasing Act

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     42-110-1. Short title. -- This act shall be known as the "Chemical Purchasing Act".

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     42-110-2. Definitions. -- (a) "Chemical purchasing license" means a license for

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purchasing defined chemicals which is issued when the department has determined the applicant

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has a valid waste water pretreatment system, as evidenced by a copy of the pre-treatment permit

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issued by and a copy of a current certificate of approval and operability issued by the

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municipality or other entity whose sewage works potentially receives the effluent from the

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applicant's pretreatment system.

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      (b) "Defined chemicals" means and includes cyanide as potassium cyanide or sodium

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cyanide, nickel sulfate or nickel chloride and soaps and cleaning agents used in association with

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the processes described in subsection (d).

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      (c) "Department" as used in this chapter means the department of environmental

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management.

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      (d) "Metal finishing" as used in this chapter includes those persons, firms, or

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corporations that are subject to pretreatment standards established by the local sewer authority,

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Rhode Island department of environmental management and/or the United States Environmental

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Protection Agency and who conduct one or more of the following processes: electroplating,

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electroless plating, coatings, anodizing, etching and chemical milling, barrel finishing or tumbling

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which includes vibratory and related wet process mass finishing, burnishing, cleaning, or printed

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circuit board manufacturing.

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      (e) "Valid waste water pretreatment plant" means that the person, firm, or corporation

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has a pretreatment capability which meets the standards established by the local sewer authority,

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Rhode Island department of environmental management and/or United States Environmental

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Protection Agency in its regulation entitled "categorical pretreatment for the electroplating and

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metal finishing category", and holds a valid industrial waste water discharge permit.

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     42-110-3. Chemical purchasing license. -- No person, firm, or corporation shall enter

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into, engage in, or work at the business of metal finishing without first obtaining a chemical

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purchasing license issued by the department which shall permit the licensee to purchase, receive

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or use defined chemicals.

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     42-110-4. Rules. -- The department shall establish rules for the administration of the

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chemical purchasing license.

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     42-110-5. License fees. -- A fee of two hundred dollars ($200) shall be paid by each

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applicant for a chemical purchasing license. The license is valid for one year and may be renewed

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annually by the department for a fee of two hundred dollars ($200). A restricted fund within the

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general fund called the "chemical purchase license fund" is created to receive all license and

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renewal fees under this chapter. All moneys placed in the fund shall be made available

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immediately, and are specifically appropriated to the department of environmental management

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or its successor agency for the purposes of this chapter, including administrative costs.

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     42-110-6. Preservation of application. -- Applications for licenses under the provisions

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of this chapter shall be preserved for at least three (3) years after which time they may, at the

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discretion of the department, be destroyed.

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     42-110-7. Licenses not transferable. -- No license issued under the provisions of this

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chapter is assignable or transferable. Licenses issued under this chapter may, after a hearing, be

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suspended or revoked upon failure or refusal of the licensee to comply with the rules and

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requirements of the department or for other sufficient cause.

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     42-110-8. Penalties. -- Any person who violates the provisions of this chapter, or who in

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concert with others acts to violate the provisions of this chapter, by purchasing or receiving

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defined chemicals for metal finishing purposes without a license, is subject to a civil penalty of

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not more than ten thousand dollars ($10,000) for each day during which the violation occurs, and

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loss of license for one year.

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     42-110-9. Application. -- This chapter does not require chemical distributers, chemical

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manufacturers, or refiners to obtain a chemical purchasing license.

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     SECTION 4. This act shall take effect upon passage.

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LC01429

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT - DEPARTMENT OF

ENVIRONMENTAL MANAGEMENT

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     This act would promote the efficient function of the department of environmental

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management by removing the department of environmental management from membership on the

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state board of examiners of landscape architects and repealing the chemical purchasing act

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regarding the administration of chemical purchasing licenses.

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     This act would take effect upon passage.

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LC01429

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