2013 -- S 0899

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LC02240

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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S E N A T E R E S O L U T I O N

RESPECTFULLY REQUESTING THE DEPARTMENT OF ENVIRONMENTAL

MANAGEMENT TO AMEND ITS ADMINISTRATIVE REGULATIONS FOR

ENVIRONMENTAL MATTERS

     Introduced By: Senators Miller, Jabour, Ciccone, Metts, and Ruggerio

     Date Introduced: May 02, 2013

     Referred To: Senate Environment & Agriculture

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     WHEREAS,  Rhode Island’s bays, rivers, and watersheds are desirable, attractive places

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to live, work, and play, with clean water, exceptional beaches, abundant public access, thriving

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living resources, and vital harbors and waterfronts; and

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     WHEREAS, Through our support of our ports and bays, Rhode Island businesses that

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rely upon aquatic resources and/or waterfronts will thrive and have the opportunity to grow

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sustainably; and

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     WHEREAS, The Rhode Island Port Marketing Collaborative Act of 2012 gathered state

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agencies and maritime stakeholders to develop and maintain a strategic plan for the state’s vital

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ports, facilities, and maritime trades, with a special focus on job creation; and

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     WHEREAS, It is the policy of the state to promote a growing maritime economy, to

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prevent economic stagnation, and to encourage the creation of new job opportunities, while

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preserving and maintaining our valuable natural resources; and

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     WHEREAS, As we continue to assess and protect the environmental assets of our state,

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we simultaneously protect and enhance all Rhode Islanders’ quality of life and environmental

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health for our great state; and

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     WHEREAS, In 2007, the General Assembly recognized the need to preserve and protect

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the state’s waters and passed the Smart Development for a Cleaner Bay Act of 2007; and

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     WHEREAS, As a result of the Act, the Rhode Island Department of Environmental

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Management and Coastal Resources Management Council became nationally recognized leaders

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in the development of the Rhode Island Storm Water Design and Installation Manual of 2010;

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now, therefore be it

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     RESOLVED, That this Senate of the State of Rhode Island and Providence Plantations

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hereby respectfully requests that the Rhode Island Department of Environmental Management

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review its current practices and policy of issuing an automatic stay of a Notice of Violation

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(NOV), while an individual or business pursues administrative remedies following an

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environmental pollutant matter; and be it further

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     RESOLVED, That this Senate respectfully requests that the Rhode Island Department of

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Environmental Management amend its administrative regulations pertaining to Administrative

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Rules of Practice and Procedures for the Administrative Adjudication Division for Environmental

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Matters to include specific language related to issuance of automatic stays, including, but not

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limited to: 1) Issuing specific timelines; and 2) Establishing practices consistent with protecting

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the environmental interests of the Ocean State; and be it further

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     RESOLVED, That the Secretary of State be and hereby is authorized and directed to

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transmit duly certified copies of this resolution to the Governor of the State of Rhode Island, the

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Director of the Department of Environmental Management, and the Executive Director of the

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Coastal Resources Management Council.

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LC02240

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