2014 -- H 8150

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LC005619

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

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A N   A C T

RELATING TO WATERS AND NAVIGATION

     Introduced By: Representatives Ucci, Corvese, Winfield, Costantino, and Lally

     Date Introduced: May 07, 2014

     Referred To: House Environment and Natural Resources

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 46-12-3 of the General Laws in Chapter 46-12 entitled "Water

Pollution" is hereby amended to read as follows:

     46-12-3. Powers and duties of the director. -- In addition to the other powers granted

the director of the department of environmental management herein, the director shall have and

may exercise the following powers and duties:

      (1) To exercise general supervision of the administration and enforcement of this

chapter, and all rules and regulations and orders promulgated hereunder;

      (2) To develop comprehensive programs for the prevention, control, and abatement of

new or existing pollution of the waters of this state;

      (3) To advise, consult, and cooperate with other agencies of the state, the federal

government, other states, and interstate agencies and with affected groups, political subdivisions,

and industries in the furtherance of the purposes of this chapter;

      (4) To accept and administer loans and grants from the federal government and from

other sources, public or private, for the carrying out of any of its functions, which loans and

grants shall not be expended for other than the purposes for which provided;

      (5) To encourage, participate in, or conduct studies, investigations, research, and

demonstrations relating to water pollution and its causes, prevention, control, and abatement

thereof, as he or she may deem advisable and necessary for the discharge of his or her duties

under this chapter;

      (6) To collect and disseminate information relating to water pollution and the prevention,

control, and abatement thereof;

      (7) Except as otherwise provided in subdivision (24) below, to promulgate standards of

water quality and to classify the waters of the state accordingly;

      (8) To administer state grants to municipalities and political subdivisions for the

construction of sewage treatment works;

      (9) To hold hearings, to issue notices of hearings and subpoenas requiring the attendance

of witnesses and the production of evidence, and to administer oaths and to take testimony, that

he or she may deem necessary;

      (10) To approve, pursuant to standards adopted by the environmental standards board,

the construction, modification, and operation of discharge systems or any parts thereof, and to

require the prior submission of plans, specifications, and other data relative to discharge systems

and to require that the plans, specifications, or other data be certified by a professional engineer

registered in Rhode Island, and to inspect the systems either under construction or in operation;

      (11) To issue a permit for the discharge of any pollutant or combination of pollutants or

to issue a general permit authorizing a category of discharges within a geographical area upon

conditions as may be necessary to carry out the purposes of this chapter and of the Clean Water

Act, 33 U.S.C. section 1251 et seq., which may include, but not be limited to, providing for

specific effluent limitations and levels of treatment technology, monitoring, recording, and

reporting standards, or to deny a permit or general permit;

      (12) To renew, revoke, modify, or suspend in whole or in part any permit, order, or

schedule of compliance pursuant to the provisions of this chapter, and any rules and regulations

promulgated thereunder;

      (13) To approve the discharge of pollutants into the waters of this state pursuant to all

applicable standards;

      (14) To require publicly owned treatment works to adopt and implement requirements

regarding the pretreatment of pollutants consistent with existing federal requirements, and to

require compliance by all persons with pretreatment requirements;

      (15) To issue such orders as may be necessary to prevent the unauthorized construction,

modification, or operation of discharge systems and the discharge of pollutants into the waters of

this state;

      (16) To require proper maintenance and operation of discharge systems;

      (17) To consult the advisory council on environmental affairs on the policies and plans

for the control and abatement of pollution;

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      (18) To make, issue, amend, and revoke reasonable rules and regulations for the

prevention, control, and abatement of pollution and the enforcement of orders issued hereunder,

including public notice and comment requirements;

      (19) To exercise all incidental powers necessary to carry out the purposes of this chapter;

      (20) To approve the operation of treatment facilities, pursuant to the provisions of

chapters 3, 11, and 18 of title 44;

      (21) To promulgate and enforce rules and regulations to govern the location, design,

construction, maintenance, and operation of underground storage facilities used for storing

petroleum products or hazardous materials to prevent, abate, and remedy the discharge of

petroleum products and hazardous materials into the waters of the state; provided that all

underground storage tanks and associated piping installed after September 1, 1991 shall provide

for secondary containment in a manner approved by the director; and provided, that single-walled

tanks and/or piping installed prior to May 8, 1985 May 8, 1988 shall be permitted to remain in

use until December 22, 2017 December 22, 2020 and single-walled tanks and/or piping installed

between May 8, 1985 May 9, 1988 and July 20, 1992 shall be permitted to remain in use for

thirty-two (32) years from the date of installation if the owner/operator of the single-walled tank

or piping performs an annual facility compliance inspection to ensure structural integrity; and

provided, further, that the installation of underground storage tanks is prohibited at sites located

within wellhead protection areas for community water supply wells as designated by the director

and consistent with chapter 46-13.1. This prohibition shall not apply to the replacement or

upgrading of existing underground storage tanks installed prior to July 1, 1991, provided that

such activity take place in accordance with all applicable state and federal regulations. The

department of environmental management shall by January 1, 2011 develop recommendations for

phasing out the stage II vapor recovery program with the required removal of single-walled

underground storage tanks in order to achieve the objectives of both program efforts in a cost

effective and efficient manner. The department of environmental management shall report its

findings to the chair of the house committee on environment and natural resources and to the

chair of the senate committee on environment and agriculture on or before January 1, 2011;

      (22) To promulgate and enforce rules and regulations to govern the installation,

construction, operation, and abandonment of monitoring wells;

      (23) To promulgate and enforce rules and regulations to govern the location, design,

installation, operation and maintenance of subsurface disposal systems which receive the

discharge of pollutants and of subsurface containment systems, including underground storage

tanks, used to contain or control the discharge of pollutants below the ground surface.

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      (24) In connection with the dredging and transportation and disposal of dredge material,

to promulgate and adopt water quality standards that conform with the federal Environmental

Protection Agency's applicable water quality rules and regulations and guidelines, including, but

not limited to, the federal Environmental Protection Agency's rules and regulations and guidelines

for deviating from said standards. The department of environmental management shall also apply

the applicable standards and guidelines and adopt the procedures as set forth in the manual

identified as "Evaluation of Dredge Material for Purpose of Ocean Disposal. Testing Manual Put

Together by EPA and Army Corps of Engineers in February, 1991" and any amendments or

supplements or successor manuals thereto to the extent that the same are relevant to dredging,

transportation and/or disposal of dredge materials in tidal waters or any documents or manuals

approved by the federal Environmental Protection Agency relating to dredging, transportation

and/or disposal of dredge materials; and

      (25) To prepare and to submit to the governor, the speaker of the house, the president of

the senate, the chairperson of the house committee on environment and natural resources and the

chairperson of the senate committee on environment and agriculture, not later than February 1,

2005, a plan, including an implementation program with cost estimates, recommended sources of

funding, measurable goals, objectives, and targets and limitations for nutrient introduction into

the waters of the state, for the purposes of: (i) managing nutrient loadings and the effects of

nutrients in the waters of the state; and (ii) preventing and eliminating conditions of

eutrophication.

     SECTION 2. Section 46-12.9-8 of the General Laws in Chapter 46-12.9 entitled "Rhode

Island Underground Storage Tank Financial Responsibility Act" is hereby amended to read as

follows:

     46-12.9-8. Review board. -- (a) There is hereby authorized, created and established the

"underground storage tank review board," to approve, modify, or deny disbursements to eligible

parties and to have such other powers as are provided herein.

      (b) The review board shall consist of nine (9) members, as follows: the director of the

department of environmental management or his or her designee who shall be a subordinate

within the department of environmental management. The governor, with the advice and consent

of the senate, shall appoint eight (8) public members one of whom shall have expertise and

experience in financial matters. In making these appointments the governor shall give due

consideration to recommendations from the American Petroleum Institute, the Independent Oil

Marketers Association, the Oil Heat Institute, the Environment Council, the Independent Oil

Dealers Association and the Rhode Island Marine Trade Association. The newly appointed

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members will serve for a term of three (3) years commencing on the day they are qualified. Any

vacancy which may occur on the board shall be filled by the governor, with the advice and

consent of the senate, for the remainder of the unexpired term in the same manner as the

member's predecessor as prescribed in this section. The members of the board shall be eligible to

succeed themselves. Members shall serve until their successors are appointed and qualified. No

one shall be eligible for appointment unless he or she is a resident of this state. The members of

the board shall serve without compensation. Those members of the board as of the effective date

of this act [July 15, 2005]who were appointed to the board by members of the general assembly

shall cease to be members of the board on the effective date of this act, and the governor shall

thereupon nominate three (3) members, each of whom shall serve the balance of the unexpired

term of his or her predecessor. Those members of the board as of the effective date of this act

[July 15, 2005]who were appointed to the board by the governor shall continue to serve the

balance of their current terms. Thereafter, the appointments shall be made by the governor as

prescribed in this section.

      (c) When claims are pending, the review board shall meet at the call of the chair. All

meetings shall be held consistent with chapter 46 of title 42.

      (d) The review board and its corporate existence shall continue until terminated by law.

Upon termination of the existence of the review board, all its rights and properties shall pass to

and be vested in the state.

      (e) The review board shall have the following powers and duties, together with all

powers incidental thereto or necessary for the performance of those stated in this chapter:

      (1) To elect or appoint officers and agents of the review board, and to define their duties:

      (2) To make and alter bylaws, not inconsistent with this chapter, for the administration of

the affairs of the review board. Such bylaws may contain provisions indemnifying any person

who is or was a director or a member of the review board, in the manner and to the extent

provided in section 7-6-6 of the Rhode Island nonprofit corporation act;

      (3) To approve and submit an annual report within ninety (90) days after the end of each

fiscal year to the governor, the speaker of the house of representatives, the president of the senate,

and the secretary of state, of its activities during that fiscal year. The report shall provide: an

operating statement summarizing meetings or hearings held, including meeting minutes, subjects

addressed, and decisions rendered; a summary of the review board's actions, fees levied, collected

or received as prescribed in sections 46-12.9-7 and 46-12.9-11, claims submitted, verified,

approved, modified, and denied as prescribed in section 46-12.9-7, and reconsideration hearings

held as prescribed in section 46-12.9-9; a synopsis of any law suits or other legal matters related

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to the authority of the review board; and a summary of performance during the previous fiscal

year including accomplishments, shortcomings and remedies; a briefing on anticipated activities

in the upcoming fiscal year; and findings and recommendations for improvements; and a

summary of any training courses held pursuant to subdivision (f)(15) of this section. The report

shall be posted electronically as prescribed in section 42-20-8.2.

      (4) To conduct a training course for newly appointed and qualified members and new

designees of ex-officio members within six (6) months of their qualification or designation. The

course shall be developed by the executive director, approved by the board, and conducted by the

executive director. The board may approve the use of any board or staff members or other

individuals to assist with training. The training course shall include instruction in the following

areas: the provisions of chapters 46-12.9, 42-46, 36-14, and 38-2; and the boards rules and

regulations. The director of the department of administration shall, within ninety (90) days of the

effective date of this act [July 15, 2005] prepare and disseminate training materials relating to the

provisions of chapters 36-14, 38-2, and 42-46.

      (f) Upon the passage of this act and the appointment and qualification of the three (3)

new members prescribed in subsection (b) of this section, the board shall elect from among its

members a chair. Thereafter, the board shall elect annually in February a chair from among the

members. The board may elect from among its members such other officers as it deems

necessary.

      (g) Six (6) Five (5) members of the board shall constitute a quorum and the vote of the

majority of the members present shall be necessary and shall suffice for any action taken by the

board. No vacancy in the membership of the board shall impair the right of a quorum to exercise

all of the rights and perform all of the duties of the board.

      (h) Members of the board shall be removable by the governor pursuant to section 36-17

and removal solely for partisan or personal reasons unrelated to capacity or fitness for the office

shall be unlawful.

     SECTION 3. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO WATERS AND NAVIGATION

***

     This act provides that all underground storage tanks and associated piping installed prior

to May 8, 1988 shall be permitted to remain in use until December 22, 2020. Further, this act

provides that five (5) members of the Underground Storage Tank Review Board constitutes a

quorum.

     This act would take effect upon passage.

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