Chapter 168
2018 -- H 7794
Enacted 07/02/2018

A N   A C T
RELATING TO FISH AND WILDLIFE - SHELLFISH GROUNDS

Introduced By: Representatives McEntee, Craven, Handy, and Knight
Date Introduced: February 28, 2018

It is enacted by the General Assembly as follows:
     SECTION 1. Section 20-8.1-4 of the General Laws in Chapter 20-8.1 entitled "Shellfish
Grounds" is hereby amended to read as follows:
     20-8.1-4. Factors considered in determining polluted areas.
     In making a determination that an area is polluted, the director shall take into
consideration ensure consistency with the requirements of the National Shellfish Sanitation
Program one or more of the following matters as they apply: the volume of sewage that may
affect the area; the dilution of that sewage by clean water; the distance of the area from sources of
pollution; the "most probable number" of fecal coliform bacteria found upon examining the water
from the area, in accordance with the National Shellfish Sanitation Programs Manual of
Operations exceeds 14 per one hundred milliliters (100 ml) of water, for a three-tube (3) decimal
dilution test, or exceeds 49 per 100 ml of water for a three-tube (3) decimal dilution test for more
than ten percent (10%) of the samples. When necessary, for consistency with National Shellfish
Sanitation Program requirements, The the director may declare an area to be polluted in the
absence of a "most probable number" of fecal coliforms monitoring data if the director has
evidence that significant volumes of raw sewage or inadequately purified sewage may reach the
area the area may become polluted. A review of the status of all the areas in the state shall be
made by the director on at least an annual basis.
     SECTION 2. This act shall take effect upon passage.
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LC004914
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