Chapter 034

2012 -- H 7485

Enacted 04/13/12

 

A N A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT - DEPARTMENT OF

ENVIRONMENTAL MANAGEMENT

 

     Introduced By: Representative Arthur Handy

     Date Introduced: February 09, 2012

 

It is enacted by the General Assembly as follows:

 

     SECTION 1. Purpose and findings. – The general assembly finds and declares:

     (1) The ability of the department of environmental management to comply with statutory

requirements that establish protocols and procedures to govern its programs is critical to ensuring

the optimal performance of the department and its programs;

     (2) Statutes governing the department of environmental management and its programs are

outdated or are no longer applicable to the functions and mission of the department.

     (3) It is essential that the state ensure the department of environmental management’s

activities, functions, programs, and services meet the needs of Rhode Island citizens and are

effective and efficient in achieving the department’s mission.

 

     SECTION 2. Section 5-51-2 of the General Laws in Chapter 5-51 entitled "Rhode Island

State Board of Examiners of Landscape Architects" is hereby amended to read as follows:

 

     5-51-2. Board -- Creation -- Composition -- Appointment, terms, and qualifications

of members -- Duties -- Compensation. -- (a) (1) There is established a state board of landscape

architects which consists of seven (7) members.

      (2) On May 19, 1975, the governor shall appoint one member to serve until the first day

of February, 1976, or until his or her successor is appointed and qualified; one member to serve

until the first day of February, 1977, or until his or her successor is appointed and qualified; one

member to serve until the first day of February, 1978, or until his or her successor is appointed

and qualified; one member to serve until the first day of February, 1979, or until his or her

successor is appointed and qualified; and one member to serve until February, 1980, or until his

or her successor is appointed and qualified.

      (3) Upon completion of the original term the terms of members identified in subdivision

(2) of this subsection shall be for five (5) years.

      (4) One member of the board shall be from the general public; and one member shall be

from the state department of environmental management. Those members. This member shall

serve for terms of five (5) years.

      (5) Three (3) members Four (4) members of the board shall be landscape architects

whose residences and principal places of business shall be within this state, who have been

actively engaged in the practice of landscape architecture within this state. The original

appointees to the board do not need to be registered but engaged in the practice of landscape

architecture for a minimum of four (4) years.

      (6) The governor may remove any member from office for misconduct, incapacity or

neglect of duty.

      (b) During the month of July of each year, the board shall elect from its members a

chairperson and a vice chairperson.

      (c) The secretary of the board shall keep a true and complete record of all proceedings of

the board and shall aid in the enforcement of this chapter.

      (d) The board may make all necessary regulations and bylaws not inconsistent with this

chapter.

      (e) In carrying into effect the provisions of this chapter, the board may subpoena

witnesses and compel their attendance and may require the production of books, papers, and

documents in any proceeding involving the revocation of registration, or practicing or offering to

practice without registration.

      (1) Any member of the board may administer oaths or affirmations to witnesses

appearing before the board.

      (2) If any person fails to appear in response to that process, or if, having appeared in

obedience to the process, he or she refuses to answer any pertinent questions put to him or her by

any member of the board or its counsel, he or she, upon presentation of those facts to the superior

court, shall be subject to any fines and penalties that might be imposed by this court if that failure

or refusal occurred in any civil action pending in that court.

      (f) The board may establish a procedure for complaints concerning any licensed or

certified landscape architects.

      (g) The board shall establish procedures and programs in conjunction with the

department of environmental management and may annually publish a report of its activities,

operations, and recommendations.

      (h) Members of the board shall not be compensated for meetings attended.

 

     SECTION 3. Chapter 42-110 of the General Laws entitled "Chemical Purchasing Act" is

hereby repealed in its entirety.

 

     CHAPTER 42-110

Chemical Purchasing Act

 

     42-110-1. Short title. -- This act shall be known as the "Chemical Purchasing Act".

 

     42-110-2. Definitions. -- (a) "Chemical purchasing license" means a license for

purchasing defined chemicals which is issued when the department has determined the applicant

has a valid waste water pretreatment system, as evidenced by a copy of the pre-treatment permit

issued by and a copy of a current certificate of approval and operability issued by the

municipality or other entity whose sewage works potentially receives the effluent from the

applicant's pretreatment system.

      (b) "Defined chemicals" means and includes cyanide as potassium cyanide or sodium

cyanide, nickel sulfate or nickel chloride and soaps and cleaning agents used in association with

the processes described in subsection (d).

      (c) "Department" as used in this chapter means the department of environmental

management.

      (d) "Metal finishing" as used in this chapter includes those persons, firms, or

corporations that are subject to pretreatment standards established by the local sewer authority,

Rhode Island department of environmental management and/or the United States Environmental

Protection Agency and who conduct one or more of the following processes: electroplating,

electroless plating, coatings, anodizing, etching and chemical milling, barrel finishing or tumbling

which includes vibratory and related wet process mass finishing, burnishing, cleaning, or printed

circuit board manufacturing.

      (e) "Valid waste water pretreatment plant" means that the person, firm, or corporation

has a pretreatment capability which meets the standards established by the local sewer authority,

Rhode Island department of environmental management and/or United States Environmental

Protection Agency in its regulation entitled "categorical pretreatment for the electroplating and

metal finishing category", and holds a valid industrial waste water discharge permit.

 

     42-110-3. Chemical purchasing license. -- No person, firm, or corporation shall enter

into, engage in, or work at the business of metal finishing without first obtaining a chemical

purchasing license issued by the department which shall permit the licensee to purchase, receive

or use defined chemicals.

 

     42-110-4. Rules. -- The department shall establish rules for the administration of the

chemical purchasing license.

 

     42-110-5. License fees. -- A fee of two hundred dollars ($200) shall be paid by each

applicant for a chemical purchasing license. The license is valid for one year and may be renewed

annually by the department for a fee of two hundred dollars ($200). A restricted fund within the

general fund called the "chemical purchase license fund" is created to receive all license and

renewal fees under this chapter. All moneys placed in the fund shall be made available

immediately, and are specifically appropriated to the department of environmental management

or its successor agency for the purposes of this chapter, including administrative costs.

 

     42-110-6. Preservation of application. -- Applications for licenses under the provisions

of this chapter shall be preserved for at least three (3) years after which time they may, at the

discretion of the department, be destroyed.

 

     42-110-7. Licenses not transferable. -- No license issued under the provisions of this

chapter is assignable or transferable. Licenses issued under this chapter may, after a hearing, be

suspended or revoked upon failure or refusal of the licensee to comply with the rules and

requirements of the department or for other sufficient cause.

 

     42-110-8. Penalties. -- Any person who violates the provisions of this chapter, or who in

concert with others acts to violate the provisions of this chapter, by purchasing or receiving

defined chemicals for metal finishing purposes without a license, is subject to a civil penalty of

not more than ten thousand dollars ($10,000) for each day during which the violation occurs, and

loss of license for one year.

 

     42-110-9. Application. -- This chapter does not require chemical distributers, chemical

manufacturers, or refiners to obtain a chemical purchasing license.

 

     SECTION 4. This act shall take effect upon passage.

     

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LC01429

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