2012 -- H 7966

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LC02227

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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 WATERS AND NAVIGATION

     

     

     Introduced By: Representatives Baldelli-Hunt, Brien, and Phillips

     Date Introduced: March 15, 2012

     Referred To: House Municipal Government

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 46-12-2 of the General Laws in Chapter 46-12 entitled "Water

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Pollution" is hereby amended to read as follows:

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     46-12-2. Administration. -- (a) It shall be the responsibility of the director of the

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department of environmental management to administer this chapter. Within the department of

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environmental management, the director may employ personnel who shall come within the

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classified service in accordance with the laws of this state for the purposes of this chapter, and

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may delegate to a subordinate or subordinates any or all the powers and duties vested in the

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director hereunder. The general assembly shall annually appropriate such sums as it may deem

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necessary for the expenses of administering this chapter.

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      (b) The department of environmental management is hereby designated as the state water

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pollution control agency for this state for all purposes of the Clean Water Act, as amended, 33

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U.S.C. section 1251 et seq., and is hereby authorized to take all action necessary or appropriate to

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secure to this state the benefits of that act.

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      (c) The department of environmental management is hereby designated to operate the

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underground injection control program under the federal Safe Drinking Water Act, as amended,

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42 U.S.C. section 300f et seq., and is hereby authorized to take all action necessary or appropriate

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to secure to this state the benefits of that program.

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      (d) The department of environmental management is hereby designated to administer the

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wellhead protection program as approved by the federal Environmental Protection Agency and in

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accordance with the federal Safe Drinking Water Act, as amended, 42 U.S.C. section 300f et seq.,

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and is hereby authorized to take all actions necessary or appropriate to secure to this state the

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benefits of that program. The department of environmental management shall cooperate and

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coordinate wellhead protection program activities with the department of health public drinking

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water supply program.

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      (e) The department of environmental management is hereby designated to administer the

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underground storage tank program as approved by the federal Environmental Protection Agency

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pursuant to the Resource Conservation and Recovery Act, as amended, 42 U.S.C. section 6901 et

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seq., and is hereby authorized to take all necessary or appropriate actions to secure to this state

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the benefits of this program, including participation via cooperative agreement with the

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Environmental Protection Agency (EPA) in the leaking underground storage tank trust fund.

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      (f) The department of environmental management is hereby designated to establish,

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administer, and enforce standards for nutrients as necessary to protect, maintain and/or improve

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the ecological functions of the marine and aquatic resources of the state; and to prepare, adopt,

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and implement plans as necessary and appropriate to accomplish the purposes of managing

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nutrient loadings and preventing, abating, and/or eliminating the deleterious effects of nutrients,

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including, but not limited to, eutrophication, harmful algal blooms, hypoxia, anoxia, oxygen-

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stress-induced population shifts, and/or fish kills. To implement the purposes of this subsection,

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the department shall implement measures to achieve an overall goal of reducing nitrogen loadings

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from waste water treatment facilities by fifty percent (50%) by December 31, 2008, which date,

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in its implementation, may be adjusted to be consistent with compliance with permit

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modifications, through waste water treatment facility upgrades scheduled to be undertaken by

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December 31, 2006, and through proposed permit modifications, which shall be issued by the

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department on or before July 1, 2004. The department shall report on the implementation of these

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measures in the report required by section 46-12-3(25).

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     (g) The city of Woonsocket shall not be required to implement measures to meet the

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standards adopted by the department of environmental management pursuant to subsection 46-12-

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2(f) until on or before December 31, 2015.

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     SECTION 2. This act shall take effect upon passage.

     

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LC02227

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO WATERS AND NAVIGATION

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     This act would provide that the city of Woonsocket not be required to meet nutrient waste

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water treatment standards as established by the department of environmental management until

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on or before December 31, 2015.

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     This act would take effect upon passage.

     

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LC02227

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H7966