2001-S 907
Enacted 07/13/2001

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Introduced By:  Senator Sosnowski Date Introduced:  April 5, 2001

It is enacted by the General Assembly as follows:

SECTION 1. Sections 46-12.1-2 and 46-12.1-3 of the General Laws in Chapter 46-12.1 entitled "Underground Storage Tanks" are hereby amended to read as follows:

46-12.1-2. Definitions. -- As used in this chapter, all terms shall, where the context permits be construed in accordance with the "regulations for underground storage facilities used for petroleum products and hazardous materials," as promulgated by the department of environmental management. The following terms as used in this chapter shall have the following meanings:

(1) "Abandoned" means the relinquishment or termination of possession, ownership, or control of underground storage tanks, by vacating or by disposition, or the underground storage tank being out of service for a continuous period in excess of six (6) months.

(2) "Underground" means that ten percent (10%) or more of the volume of facility components storage tanks and piping is buried in the ground.

(3) "Underground storage tank" means either:

(a) On site underground storage tanks used for storing heating oil and serving a one, two (2), or three (3) family dwelling including underground pipes connected thereto; or

(b) Farm or residential underground storage tanks holding less than one thousand one hundred (1,100) gallons and storing motor fuel or heating oil for noncommercial purposes including underground pipes connected thereto.

(4) "Enforcing officer" means the chief of the fire department, the building official, the public safety director, the public utilities director or the public works director of the several cities, towns and fire districts, as may be designated in any ordinance adopted hereunder, or his or her designee.

46-12.1-3. Powers and duties of city or town enforcing officer. -- The enforcing officer, as defined in section 23-28.22-2, for each city and town shall be responsible for administering local ordinances adopted pursuant to this chapter. In addition to any other powers granted the enforcing officer by ordinance or other state law, the officer shall have the authority to:

(1) Issue permits for the maintenance, installation, abandonment, and removal of underground storage tanks;

(2) Require the removal, at the owner's expense, of all tanks and underground pipes deemed to pose a threat to the public health or the environment;

(3) Require testing, monitoring, record keeping, and reporting by the owner or operator, and record keeping and reporting by suppliers;

(4) Inspect facilities at which underground storage tanks are located;

(5) Require closure of abandoned storage tanks consistent with the permanent closure procedures in the regulations for underground storage facilities used for petroleum products and hazardous materials issued by the department of environmental management.

SECTION 2. This act shall take effect upon passage.

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