Chapter 04-577

2004 -- S 2097 SUBSTITUTE A

Enacted 07/14/04

A N A C T

RELATING TO GROUND WATER PROTECTION

Introduced By: Senators Sosnowski, Bates, Walaska, Felag, and Paiva-Weed

Date Introduced: January 14, 2004

It is enacted by the General Assembly as follows:

     SECTION 1. Section 23-18.9-9.1 of the General Laws in Chapter 23-18.9 entitled

"Refuse Disposal" is hereby amended to read as follows:

23-18.9-9.1. Disposal of solid waste over drinking water sources. -- (a) The general

assembly recognizes and declares that disposal of solid waste on or in the ground overlying

underground drinking water sources is not an environmentally sound solid waste management

practice, and that such disposal could threaten the public health with contamination of existing

and future municipal drinking water supplies.

      (b) Solid waste landfill facilities shall be prohibited in the following areas:

      (1) Watersheds of existing surface drinking water supplies;

      (2) Watersheds of the proposed Big River Reservoir;

      (3) Groundwater recharge areas as mapped on the "208" Areawide Water Quality

Management Plan but only until the time that the areas are designated by the director as GAA

pursuant to chapter 13.1 of title 46. ,and ground water protection areas designated by duly

adopted zoning ordinances, pursuant to section 45-24-33 (a)(7) and/or section 45-24-33(a)(20)

and approved by the water resources board;

      (4) One hundred (100) year flood plains;

      (5) Areas within two hundred feet (200') of the coast and/or coastal high hazard areas;

      (6) Areas designated by the national oceanic and atmospheric administration of the

United States department of commerce as a national estuarine sanctuary;

      (7) Coastal barriers;

      (8) Wellhead protection areas as designated by the director.

      (9) Notwithstanding all of the preceding, any landfill site must include the acquisition

and maintenance of a heavily vegetated buffer zone of at least 600 feet (600') between any

working face or excavated area and adjacent property. Further, the outer limit of any landfill site

must be located at least twelve hundred feet (1,200') from the center line of fresh water rivers as

determined by the state planning council which shall include but not be limited to the following:

Ashaway River, Beaver River, Blackstone River, Chepachet River, Clear River, Falls River, Flat

River, Hunt River, Moshassuck River, Moosup River, Narrow River, Pawcatuck River, (also

known as the Charles River) and its tributaries, Pascoag River, Pawtuxet River and Wood River.

      (c) Incinerators and resource recovery facilities shall be prohibited in the following

areas:

      (1) Coastal high hazard areas;

      (2) Wellhead protection areas as designated by the director;

      (3) Areas designated by the national oceanic and atmospheric administration of the

United States department of commerce as a national estuarine sanctuary;

      (4) Coastal barriers.

      (d) The state planning council may, except for statutorily mandated sites, designate other

areas where solid waste landfills, incinerators, and resource recovery facilities are prohibited.

      (e) Where an existing solid waste management facility-landfill overlies the groundwater

reservoir or groundwater recharge area designated by the municipality in accordance with

subsection (b), the director is authorized to order cessation of solid waste disposal operations and

closure of the landfill under the following conditions:

      (1) The municipality has, after notice and public hearing, by resolution to the director,

requested the director to determine whether the continued operation of any solid waste

management facility-landfill on or over the reservoir or recharge area presents a hazard to the

public drinking water source; and

      (2) The director after investigation, notice, and hearing to the landfill, determines that the

existing solid waste management facility-landfill does present a hazard to the public drinking

water source.

      (f) Any party aggrieved by a decision of the director under this section may obtain

judicial review of the decision in accordance with the provisions of sections 42-35-15 and 42-35-

16 of the Administrative Procedures Act. In addition, the owner of an existing solid waste

management facility-landfill, may bring a civil action in the superior court in which the solid

waste management facility-landfill is located that the decision by the director of environmental

management constitutes a taking under chapter 6 of title 37, as amended, and shall be entitled to

petition the superior court to recover just compensation.

     SECTION 2. This act shall take effect upon passage.

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LC00768/SUB A

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