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2012 -- H 7966 SUBSTITUTE A | |
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LC02227/SUB A | |
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STATE OF RHODE ISLAND | |
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IN GENERAL ASSEMBLY | |
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JANUARY SESSION, A.D. 2012 | |
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A N A C T | |
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RELATING TO WATERS AND NAVIGATION | |
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Introduced By: Representatives Baldelli-Hunt, Brien, and Phillips | |
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Date Introduced: March 15, 2012 | |
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Referred To: House Municipal Government | |
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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) Due to severe fiscal constraints, the city of Woonsocket shall not implement measures |
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to meet the standards adopted by the department of environmental management pursuant to |
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subsection 46-12-2(f) until on or before December 31, 2017. |
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SECTION 2. This act shall take effect upon passage. |
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LC02227/SUB A | |
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EXPLANATION | |
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BY THE LEGISLATIVE COUNCIL | |
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OF | |
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A N A C T | |
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RELATING TO WATERS AND NAVIGATION | |
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This act would provide that the city of Woonsocket not implement nutrient waste water |
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treatment standards as established by the department of environmental management until on or |
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before December 31, 2017. |
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This act would take effect upon passage. |
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LC02227/SUB A | |
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