2012 -- H 8109 SUBSTITUTE A

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LC02502/SUB A

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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 - THE NARRAGANSETT BAY

COMMISSION LATERAL SYSTEMS RESPONSIBILITY FEASIBILITY STUDY

     Introduced By: Representatives Petrarca, Ucci, Corvese, O`Neill, and Blazejewski

     Date Introduced: May 02, 2012

     Referred To: House Environment and Natural Resources

It is enacted by the General Assembly as follows:

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     SECTION 1. Title 46 of the General Laws entitled "Waters and Navigation" is hereby

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amended by adding thereto the following chapter:

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     CHAPTER 25.3

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     NARRAGANSETT BAY COMMISSION LATERAL SYSTEMS RESPONSIBILITY

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FEASIBILITY STUDY

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     46-25.3-1. Legislative findings. -- It is hereby found and declared that:

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     (1) Prior to the existence of the Narragansett Bay Commission there existed water quality

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problems generated from within the district which resulted in the discharge of pollutants,

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conventional and unconventional, into Narragansett Bay.

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     (2) The Narragansett Bay Commission was statutorily created by the Rhode Island

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general assembly in 1980 for the purposes of acquiring, planning, constructing, extending.

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improving, and operating and maintaining publicly owned sewage treatment facilities in the

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district.

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     (3) The district includes the city of Providence and the towns of Johnston, North

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Providence, and a portion of the town of Lincoln formerly served by the city of Providence’s

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sewage treatment system and now known as the Field’s Point Wastewater Treatment Facility.

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Also, the cities of Pawtucket, Central Falls, and that portion of the city of East Providence known

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as Rumford and the towns of Lincoln and Cumberland and that portion of the town of Smithfield

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lying northeast of the Douglas Pike, also called state route no. 7 formerly served by the

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Blackstone Valley District Commission and now known as the Bucklin Point Wastewater

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Treatment Facility.

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     (4) Today the Narragansett Bay Commission is a nationally recognized leader in

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wastewater treatment, specifically acknowledged for its operational excellence and fiscal

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prudence.

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     (5) There currently exists in Providence and the surrounding cities and towns within the

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district aging local lateral sewer systems in serious need of repair and maintenance. Limited

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resources, in both expertise and funding, have made it difficult for Providence and the

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surrounding cities and towns within the district to identify problems and effectuate repairs in

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these systems.

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     (6) The environmental protection agency and the Rhode Island department of

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environmental management have recently implemented programs and enforcement tools to ensure

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that sewer systems of all sizes, municipal and regional, are properly operated and maintained.

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Failure to properly operate and maintain local lateral sewer systems in Providence and the

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surrounding cities and towns within the district ultimately impacts the Narragansett Bay

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Commission’s sewer interceptor systems and treatment facilities which in turn can have negative

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consequences for Narragansett Bay and may subject the Narragansett Bay Commission and

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municipalities to fines and penalties.

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     (7) Economy and efficiency suggest an overall plan would be beneficial for dealing with

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the operation and maintenance of local lateral sewer systems in Providence and the surrounding

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cities and towns within the district.

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     46-25.3-2. – Lateral Systems Responsibility Feasibility Study - The Narragansett Bay

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Commission is hereby directed to study and analyze the feasibility of the Narragansett Bay

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Commission acquiring and accepting responsibility for the operation and maintenance of local

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lateral sewer systems within the district, specifically including, but not limited to, the city of

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Providence. Any municipality within the district shall, upon request, furnish such advice and

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information, documentary or otherwise, to the Narragansett Bay Commission and its agents, as is

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deemed necessary or desirable by the Narragansett Bay Commission to facilitate the purposes of

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this section. Said study is to be undertaken, performed and paid for by the Narragansett Bay

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Commission with a report and recommendation on the feasibility of such acquisitions to be

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submitted to due to the general assembly on or before June 1, 2013.

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     SECTION 2. This act shall take effect upon passage.

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LC02502/SUB A

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO WATERS AND NAVIGATION - THE NARRAGANSETT BAY

COMMISSION LATERAL SYSTEMS RESPONSIBILITY FEASIBILITY STUDY

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     This act would establish a lateral systems responsibility feasibility study to determine the

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feasibility of the Narragansett Bay Commission acquiring, operating and maintaining local lateral

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sewer systems in Providence and the surrounding cities and towns within its district.

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     This act would take effect upon passage.

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LC02502/SUB A

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