Chapter 296

2013 -- H 5617 SUBSTITUTE A AS AMENDED

Enacted 07/15/13

 

A N A C T

RELATING TO HEALTH AND SAFETY - INDUSTRIAL PROPERTY REMEDIATION AND REUSE ACT

          

     Introduced By: Representatives Edwards, Williams, Newberry, Ackerman, and Nunes

     Date Introduced: February 27, 2013

 

It is enacted by the General Assembly as follows:

 

     SECTION 1. Section 23-19.14-1 and 23-19.14-4 of the General Laws in Chapter 23-

19.14 entitled "Industrial Property Remediation and Reuse Act" are hereby amended to read as

follows:

 

     23-19.14-1. Legislative findings. -- It is recognized and acknowledged by the general

assembly that:

      (1) In Rhode Island, there are hundreds of sites that have varying degrees of

contamination from hazardous materials;

      (2) The contamination is often an obstacle to redevelopment due to the liability relating

to the sites;

      (3) Clean up standards and objectives must be consistent with a site's current and

reasonably expected future use;

      (4) Financial institutions are often cautious or unwilling to lend to businesses that wish

to expand at or relocate to sites that have or are feared to be contaminated;

      (5) Rhode Island's urban corridor contains many sites that have been found by federal or

state programs to be contaminated;

      (6) The following cities and towns have numerous known sites: Cranston, East

Providence, Johnston, North Smithfield, Pawtucket, Providence, Warwick, West Warwick,

Woonsocket, and Central Falls. There are also many potential sites in these and other

municipalities that may have been contaminated by historical industrial activities;

      (7) [Deleted by P.L. 2002, ch. 186, section 1.]

      (8) Proper redevelopment and reuse of these properties would not only benefit the state's

economy and the employment of those who live in the urban corridor, but would also benefit the

state's environment; and

      (9) The redevelopment and reuse of these impacted sites will control and remove the

existing contamination and will reduce the artificial economic incentive to develop previously

undisturbed natural resources.

 

     23-19.14-4. Objectives of environmental clean-up. -- (a) The department of

environmental management will develop, maintain and publish numerical objectives for the most

commonly found hazardous substances. These objectives will be applicable for the clean-up of

contaminated properties to levels which are protective of human health and the environment

based on current and reasonably foreseeable future use of a property and the surrounding natural

resources. To further ensure the safety of school children while attending school, the department

of environmental management, shall:

     (1) Adopt numerical objectives for properties dedicated to school use equivalent to the

numerical objectives set by the department for residential use of such properties;

     (2) Evaluate chemicals of concern for vapor intrusion and adopt numerical objectives for

those contaminants in soil and groundwater where such standards do not already exist in

regulation and apply the numerical objectives for residential use established for said chemicals

and petroleum to properties dedicated to school use; and

     (3) Develop and adopt procedures for determining whether levels of chemicals of

potential concern for vapor intrusion and petroleum in soil or groundwater pose a reasonable

potential for migration of contaminated vapors or gases into structures to be utilized as school

facilities.

     (b) (1) The construction of any new school building; or

     (2) Construction of an addition to any existing school building; or

     (3) Leasing of any portion of an existing building to serve as a school shall be prohibited

on any portion of a parcel of property for which, upon occupancy, there exists an ongoing

potential for hazardous materials and/or petroleum to migrate as vapors or gases into the building

from the subsurface of the parcel of property, including any potential failure of engineered

remedies to address said vapors or gases. unless:

     (i) At a property where concentrations of chemicals of potential concern for vapor

intrusion or petroleum in the subsurface exceed the residential direct exposure criteria in soil,

source areas of said chemicals or petroleum within the vadose zone of the site that includes said

property shall be remediated:

     (A) Through the physical removal of said chemicals or petroleum through excavation or

in situ treatment; and

     (B) The school building shall be equipped with both a passive sub slab ventilation system

capable of conversion to an active system and a vapor barrier beneath the school building or

incorporated in the concrete slab, all in compliance with an approved department of

environmental management remedial action work plan and completed prior to the occupancy of

the school;

     (ii) At a property where concentrations of chemicals of potential concern for vapor

intrusion or petroleum in the subsurface do not exceed the residential direct exposure criteria in

soil but contamination exists on the property due to the presence of any chemicals of potential

concern for vapor intrusion or petroleum in groundwater, the department of environmental

management shall:

     (A) Require the property's owner or operator to prepare a site specific conceptual site

model and conduct soil gas sampling to determine the location of the source area of said

chemicals or petroleum in the site’s vadose zone;

     (B) Evaluate the results of said model and sampling to determine if levels of any

chemicals of potential concern for vapor intrusion or petroleum could migrate as vapors or gases

into the occupied portions of the building where the school is proposed based on procedures

developed pursuant to this chapter; and

     (C) Where the reasonable potential for migration of contaminated vapors or gases is

determined to exist, the department shall require remediation to eliminate said potential as

follows:

     (I) Where the source area is located on the site that includes said property, requiring the

physical removal of said chemicals or petroleum in the source area in the vadose zone through

excavation or in situ treatment; provided, the concentrations of said chemicals or petroleum in

said source area exceed the direct residential exposure criteria in soil; and

     (II) Requiring the installation of both a passive sub slab ventilation system capable of

conversion to an active system and a vapor barrier beneath the school building or incorporated in

the concrete slab, all in compliance with an approved department of environmental management

remedial action work plan and completed prior to the occupancy of the school; and, provided

further, should monitoring of a passive sub-slab ventilation system indicate that active ventilation

is necessary to protect the health and safety of users of a school equipped with a passive system,

the department of environmental management shall require conversion of the passive system to

an active system along with financial assurances to provide for the funding of the operation and

monitoring of said active system for as long as active ventilation is deemed necessary by the

department.

     (iii) At a property where concentrations of chemicals of potential concern for vapor

intrusion or petroleum in the subsurface do not exceed the residential direct exposure criteria in

soil on the site that includes said property, and where the department has determined that levels of

any chemicals of potential concern for vapor intrusion or petroleum will not present a reasonable

potential for migration of contaminated vapors or gases into structures to be utilized as school

facilities on the property, the property may be used for school purposes subject to any conditions

that the department of environmental management may impose pursuant to this chapter.

        (c) The construction of any school building, or construction of an addition to any

existing school building, or leasing of any portion of an existing building to serve as a school on

any portion of a parcel of property formerly used for industrial, manufacturing or landfill

purposes that is contaminated by hazardous materials, other than on a parcel of property

described in subsection (b) of this section, shall be prohibited unless at least thirty (30) days prior

to selecting the location for construction or leasing the building the project sponsor undertakes all

of the following measures with ten (10) days prior written notice to the public of each measure

undertaken:

        (1) Prepares and posts on the sponsor's website a written report that: (i) Projects the

costs to acquire or lease the property, and to cleanup and maintain the property in accordance

with the department of environmental management's Rules and Regulations for the Investigation

and Remediation of Hazardous Material Releases (the Remediation Regulations); (ii) Projects the

time period required to complete a cleanup of the property for school purposes prior to occupancy

by obtaining either a an Interim Letter of Compliance, a Letter of Compliance or a Non-

Jurisdictional Letter indicating from the department of environmental management or a

determination by said department that the property is not jurisdictional under the Remediation

Regulations of the department of environmental management;

      (iii) Discusses the rationale for selecting the property for use as school purposes and an

explanation of any alternatives to selecting said property considered by the project sponsor;

        (2) Solicits written comments on the report prepared pursuant to subdivision (1) of this

subsection for a period of at least thirty (30) days after posting said report on the sponsors website

and conducts a public hearing during said thirty (30) day period at which public comment is taken

on said report; and

        (3) Prepares a second written report that summarizes and responds to the public

comments received during the public comment period and at the public hearing and posts said

second report on the sponsor's website.

        (d) The sponsor of any school project subject to the provisions of subsection (c) of this

section shall consider the results and findings contained in the reports required by subsection (c)

when selecting the location of said project.

        (e) As used in this section.

        (1) The term "school" means any residential or non-residential school building, public,

private or charter, of any city or town or community educational system regulated, directly or

secondarily, by the board of regents for elementary and secondary education or the department of

elementary and secondary education or any other state education board or local city or town

school board or school committee or other legal educational subdivision acting under it. As used

in this chapter, the term "school or schools" includes, but is not limited to, school playgrounds,

school administration buildings, indoor school athletic facilities, school gymnasiums, school

locker rooms, and similar school buildings. A school shall not include any institutions for

education of adults (e.g. colleges, universities, graduate schools, trade schools) or child-care

facilities as regulated by the department of children, youth and families.

        (2) The term "landfill" means for the purposes of this section, any portion of a parcel of

property that was used as a landfill as defined in § 23-19.1-4 or a sanitary landfill, dump or other

disposal area where more than thirty (30) cubic yards of solid waste was disposed.

        (3) The term "hazardous materials" means any materials defined as hazardous materials

pursuant to § 23-19.14-3.

        (4) The term "solid waste" means any materials defined as solid waste pursuant to § 23-

18.9-7.

       (5) The term "chemicals of potential concern for vapor intrusion" means those

chemicals that the U.S. Environmental Protection Agency recommends for routine evaluation

during vapor intrusion assessments in said Agency's most recent guidance on the assessment of

vapor intrusion into indoor air from subsurface sources, and any other chemicals that the

department of environmental management may recommend for said routine evaluation.

      (6) The term "source area" means the horizontal and vertical extent of natural or man-

made media impacted by a release of hazardous materials or causing a release of hazardous

materials at concentrations in excess of the numerical objectives developed pursuant to paragraph

(a) of this section.

      (7) The term "vadose zone" means the full extent of the soil column existing above the

elevation of groundwater. 

      (8) The term "conceptual site model" means a written and/or illustrative representation of

the physical, chemical and biological processes that control the transport, migration and actual or

potential impacts of hazardous materials in soil, air, groundwater, surface water and/or sediments

to human and/or ecological receptors at a site.

      (f) The provisions of this section shall not apply to the renovation or reconstruction of

any building for school purposes that was used continuously as a school for a period of at least

twenty-five (25) years where: (1) The footprint of the building after renovation or reconstruction

does not exceed more than five percent (5%) of the current footprint of the building; and (2) The

site of the building is not subject to a remedial action work plan approved by the department of

environmental management.

 

     SECTION 2. This act shall take effect upon passage.

     

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LC01369/SUB A

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