Chapter 213

2007 -- S 0332

Enacted 07/02/07

 

A N A C T

RELATING TO HEALTH AND SAFETY -- HAZARDOUS WASTE MANAGEMENT

          

     Introduced By: Senators Blais, Breene, and Felag

     Date Introduced: February 07, 2007

    

It is enacted by the General Assembly as follows:

 

     SECTION 1. Sections 23-19.1-17 and 23-19.1-18 of the General Laws in Chapter 23-

19.1 entitled "Hazardous Waste Management" are hereby amended to read as follows:

 

     23-19.1-17. Civil penalty for violations. -- Any person who shall violate the provisions

of this chapter, or of any rule, regulation, or order issued pursuant to this chapter, shall be subject

to a civil penalty, of not more than ten thousand dollars ($10,000) twenty-five thousand dollars

($25,000). In the case of a continuing violation, each day's continuance of the violation shall be

and be deemed to be a separate and distinct offense.

 

     23-19.1-18. Criminal penalties -- Payment of restoration costs. -- (a) Unless otherwise

specified, any person who shall refuse to obey or who shall knowingly violate, or reasonably

should know that he or she is violating, the provisions of an order issued by the director under the

provisions of this chapter or any rules or regulations promulgated pursuant to this chapter, or who

shall cause the refusal or violation, shall be guilty of a felony.

      (b) Any person who shall tamper with, destroy, or in any other way detrimentally affect a

well which has been installed by any person pursuant to an order or rules and regulations issued

by the department of environmental management or any other state agency, for the purpose of

testing ground water contamination, shall be guilty of a felony.

      (c) Disposal of hazardous wastes at landfills which cannot be located, designed,

constructed, or operated to prevent the endangerment of all underground drinking water sources

beyond the facility boundary; or the endangerment of an aquifer which has been designated by

any federal or Rhode Island state agency as a sole source aquifer; or contamination by discharge

by any surface or subsurface means causing a violation of any rule or regulation or standard of

any federal or Rhode Island agency; or disposal of hazardous wastes at facilities other than

hazardous waste disposal facilities permitted by the department of environmental management is

prohibited, and any person who knowingly disposes, or who reasonably should know that he or

she is disposing or causing the disposal of, hazardous wastes in Rhode Island at other than

hazardous waste disposal facilities holding valid permits issued by the department of

environmental management shall be deemed guilty of a felony.

      (d) Operation of a hazardous waste disposal facility in Rhode Island without a valid

permit issued by the department of environmental management is prohibited, and any person who

knowingly operates a hazardous waste disposal facility in Rhode Island, or who reasonably

should know that he or she is operating or causing the operation of this facility without a valid

permit shall be guilty of a felony.

      (e) Transportation of hazardous wastes in Rhode Island without a valid permit issued by

the department of environmental management is prohibited, and any person who knowingly

transports hazardous wastes in Rhode Island without a valid permit issued by the department of

environmental management, or who reasonably should know that he or she is transporting or

causing to be transported hazardous wastes without a permit, shall be guilty of a felony.

      (f) Treatment of hazardous wastes in Rhode Island without a valid permit issued by the

department of environmental management, or storage of hazardous wastes in Rhode Island

without a valid permit issued by the department of environmental management is prohibited and

any person who knowingly stores or treats hazardous wastes in Rhode Island without a valid

permit issued by the department of environmental management, or other authorization of the

department of environmental management, or who reasonably should know that he or she is

storing or treating or causing to be treated or stored without a permit, shall be guilty of a felony.

      (g) The transporting, causing to be transported, or accepting of hazardous waste for

treatment, storage, or disposal from a transporter without a manifest required by the department

of environmental management and completed in accordance with department of environmental

management regulations is prohibited. Any person who transports, causes to be transported, or

accepts hazardous waste for treatment, storage, or disposal and fails to prepare a manifest for the

hazardous waste or knowingly alters or falsifies the information on the manifest shall be deemed

guilty of a felony.

      (h) Any person who knowingly makes a false statement, representation, or certification

in any application, record, report, plan, permit, or other document filed, maintained, and used for

the purposes of program compliance under this chapter shall be deemed guilty of a felony.

      (i) Any person who violates any provision of this section shall be punished by

imprisonment for not more than five (5) years or by a fine of not more than ten thousand dollars

($10,000) twenty-five thousand dollars ($25,000) or both. In the case of a continuing violation,

each day's continuance of the violation shall be a separate and distinct offense.

      (j) In addition to the provisions of this section, after a judgment of conviction and

hearing in accordance with section 23-19.1-18.1, the court may order the defendant to pay the

cost of restoring to its original state the area where hazardous wastes were unlawfully stored,

treated, or disposed.

 

     SECTION 2. This act shall take effect upon passage.

     

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LC01493

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