It is enacted by the General Assembly as follows

SECTION 1. Sections 42-64-3 and 42-64-7 of the General Laws in Chapter 42-64 entitled "Rhode Island Economic Development Corporation" are hereby amended to read as follows:

42-64-3. Definitions. -- As used in this chapter, the following words and terms shall have the following meanings unless the context shall indicate another or different meaning or intent:

{ADD (a) "Administrative penalty" shall mean a monetary penalty not to exceed the civil penalty specified in section 42-64-9.2 of this chapter. ADD}

{DEL (a) DEL} {ADD (b) ADD} "Airport facility" means developments consisting of runways, hangars, control towers, ramps, wharves, bulkheads, buildings, structures, parking areas, improvements, facilities, or other real or personal property necessary, convenient, or desirable for the landing, taking off, accommodation, and servicing of aircraft of all types, operated by carriers engaged in the transportation of passengers or cargo, or for the loading, unloading, interchange, or transfer of the passengers or their baggage, or the cargo, or otherwise for the accommodation, use or convenience of the passengers or the carriers or their employees (including related facilities and accommodations at sites removed from landing fields and other landing areas), or for the landing, taking off, accommodation, and servicing of aircraft owned or operated by persons other than carriers. It shall also mean facilities providing access to an airport facility, consisting of rail, rapid transit, or other forms of mass transportation which furnish a connection between the air terminal and other points within the state, including appropriate mass transportation terminal facilities at and within the air terminal itself and suitable offsite facilities for the accommodation of air passengers, baggage, mail, express, freight, and other users of the connecting facility.

{DEL (b) DEL} {ADD (c) ADD} "BOCA code" means the BOCA basic building code published by building officials & code administrators international, inc., as the same may from time to time be promulgated by the building officials & code administrators international, inc.

{DEL (c) DEL} {ADD (d) ADD} "Bonds" and "notes" means the bonds, notes, securities, or other obligations or evidences of indebtedness issued by the corporation pursuant to this chapter, all of which shall be issued under the name of and known as obligations of the "economic development corporation."

{DEL (d) DEL} {ADD (e) ADD} "Civic facility" means any real or personal property designed and intended for the purpose of providing facilities for educational, cultural, community, or other civic purposes.

{ADD (f) "Compliance schedule" shall mean a schedule of remedial measures including an enforceable sequence of actions or operations leading to compliance with an effluent limitation or any other limitation, prohibition or standard. ADD}

{DEL (e) DEL} {ADD (g) ADD} "Corporation," "port authority", or "authority" means the governmental agency and public instrumentality , formerly known as the "Rhode Island port authority and economic development corporation" and renamed the "Rhode Island economic development corporation", authorized, created, and established pursuant to section 42-64-4, or any subsidiary corporation thereof which is established pursuant to section 42-64-7.1.

{DEL (f) DEL} {ADD (h) ADD} "Director" means the executive director of the corporation.

{DEL (g) DEL} {ADD (i) ADD} "Federal land" means real property within the state, now acquired or hereafter acquired by the corporation which was formerly owned by the United States government, or any agency or instrumentality thereof, including without limiting the generality of the foregoing, any and all real property now or formerly owned or used by the United States government in the towns of North Kingstown, Portsmouth, Middletown, and Charlestown and the city of Newport as military installations or for other purposes related to the national defense. Without limiting the generality of the foregoing, federal land shall also mean and include certain land in the town of North Kingstown, or any portion thereof, which has or shall revert to the state pursuant to the provisions of Public Laws 1939, chapter 696 and is now or hereafter acquired by the corporation from the state.

{DEL (h) DEL} {ADD (j) ADD} "Industrial facility" means any real or personal property, the demolition, removal, relocation, acquisition, expansion, modification, alteration or improvement of existing buildings, structures, or facilities, the construction of new buildings, structures, or facilities, the replacement, acquisition, modification, or renovation of existing machinery and equipment, or the acquisition of new machinery and equipment, or any combination thereof, which shall be suitable for manufacturing, research, production, processing, agriculture, and marine commerce, or warehousing; or convention centers, trade centers, exhibition centers, or offices (including offices for the government of the United States or any agency, department, board, bureau, corporation, or other instrumentality thereof, or for the state or any state agency, or for any municipality); or facilities for other industrial, commercial or business purposes of every type and description; and facilities appurtenant or incidental to the foregoing, including headquarters or office facilities, whether or not at the location of the remainder of the facility, warehouses, distribution centers, access roads, sidewalks, utilities, railway sidings, trucking, and similar facilities, parking areas, waterways, dockage, wharfage and other improvements necessary or convenient for the construction, development, maintenance, and operation of any such facilities.

{DEL (i) DEL} {ADD (k) ADD} "Local governing body" means any town or city council, commission, or other elective governing body now or hereafter vested by state statute, charter, or other law, with jurisdiction to initiate and adopt local ordinances, whether or not these local ordinances require the approval of the elected or appointed chief executive officer or other official or body to become effective.

{DEL (j) DEL} {ADD (l) ADD} "Local redevelopment corporation" means any agency or corporation created and existing pursuant to the provisions of chapter 31 of title 45.

{DEL (k) DEL} {ADD (m) ADD} "Municipality" means any city or town within the state now existing or hereafter created, or any state agency.

{DEL (l) DEL} {ADD (n) ADD} "Personal property" means all tangible personal property, new or used, including without limiting the generality of the foregoing, all machinery, equipment, transportation equipment, ships, aircraft, railroad rolling stock, locomotives, pipelines, and all other things and rights usually included within that term. Personal property shall also mean and include any and all interests in the property which are less than full title, such as leasehold interests, security interests, and every other interest or right, legal or equitable.

{ADD (o) "Pollutant" means any material or effluent which may alter the chemical, physical, biological or radiological characteristics or integrity of water, including but not limited to, dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, cellar dirt, or industrial, municipal, agricultural or other waste petroleum or petroleum products, including but not limited to oil. ADD}

{DEL (m) DEL} {ADD (p) ADD} "Pollution" means the discharge of any gaseous, liquid, or solid substance or combination thereof (including noise) into the air, water or land which affects the physical, chemical, or biological properties (including temperature) of the air, water, or land in a manner or to an extent which renders or is likely to render such air, water, or land harmful or inimical to the public health, safety, or welfare, or to animal, bird, or aquatic life, or to the use of such air or water for domestic, industrial, or agricultural purposes or recreation {ADD including the man made or man induced alteration of the chemical, physical, biological, or radiological integrity of water ADD} .

{DEL (n) DEL} {ADD (q) ADD} "Pollution control facility" means any land or interest in land, the demolition, removal, relocation, acquisition, expansion, modification, alteration, or improvement of existing buildings, structures, or facilities, the construction of new buildings, structures, or facilities, the replacement, modification, or renovation of existing machinery and equipment, or the acquisition of new machinery and equipment, or any combination thereof, having to do with or the purpose of which is the abatement, control, or prevention of pollution, including industrial pollution, and all real and personal property incidental to that facility.

{DEL (o) DEL} {ADD (r) ADD} "Port facility" means harbors, ports, and all real and personal property used in connection therewith, including, but not limited to waterways, channels, wharves, docks, yards, bulkheads, slips, basins, pipelines, ships, boats, railroads, trucks, and other motor vehicles, aircraft, parking areas, shipyards, piers, quays, elevators, compressors, loading and unloading facilities, storage facilities, and warehouses of every type, buildings and facilities used in the manufacturing, processing, assembling, storing, or handling of any produce or products, other structures and facilities necessary for the convenient use of the harbors and seaports, including dredged approaches, railways, railroad terminals, side tracks, airports, roads, highways, tunnels, viaducts, bridges, and other approaches, useful in connection therewith, and any other shipping or transportation facility useful in the operation of a port or harbor.

{DEL (p) DEL} {ADD (s) ADD} "Project" or "port project" means the acquisition, ownership, operation, construction, reconstruction, rehabilitation, improvement, development, sale, lease, or other disposition of, or the provision of financing for, any real or personal property (by whomever owned) or any interests therein, including without limiting the generality of the foregoing, any port facility, recreational facility, industrial facility, airport facility, pollution control facility, utility facility, solid waste disposal facility, civic facility, residential facility, water supply facility, or any other facility, or any combination of two (2) or more of the foregoing, or any other activity undertaken by the corporation.

{DEL (q) DEL} {ADD (t) ADD} "Project cost" means the sum total of all costs incurred by the corporation in carrying out all works and undertakings which the corporation deems reasonable and necessary for the development of a project. These shall include but are not necessarily limited to, the costs of all necessary studies, surveys, plans, and specifications, architectural, engineering, or other special services, acquisition of land and any buildings thereon, site preparation and development, construction, reconstruction, rehabilitation, improvement, and the acquisition of such machinery and equipment or other personal property as may be deemed necessary in connection therewith (other than raw materials, work in process, or stock in trade); the necessary expenses incurred in connection with the initial occupancy of the project; an allocable portion of the administrative and operating expenses of the corporation; the cost of financing the project, including interest on all bonds and notes issued by the corporation to finance the project from the date thereof to one year from the date when the corporation shall deem the project substantially occupied; and the cost of such other items, including any indemnity or surety bonds and premiums on insurance, legal fees, real estate brokers and agent fees, fees and expenses of trustees, depositories, and paying agent for bonds and notes issued by the corporation, including reimbursement to any project user for such expenditures as may be allowed by the corporation (as would be costs of the project hereunder had they been made directly by the corporation), and relocation costs, all as the corporation shall deem necessary.

{DEL (r) DEL} {ADD (u) ADD} "Project user" means the person, company, corporation, partnership, or commercial entity, municipality, state, or United States of America who shall be the user of or beneficiary of a port project.

{DEL (s) DEL} {ADD (v) ADD} "Real property" means lands, structures (new or used), franchises, and interests in land, including lands under water, and riparian rights, space rights, and air rights, and all other things and rights usually included within the term. Real property shall also mean and include any and all interests in such property less than fee simple, such as easements, incorporeal hereditaments, and every estate, interest or right, legal or equitable, including terms for years and liens thereon by way of judgments, mortgages or otherwise, and also all claims for damages to that real property.

{DEL (t) DEL} {ADD (w) ADD} "Recreational facility" means any building, development, or improvement, provided that building, facility, development, or improvement is designed in whole or in part to attract tourists to the state or to provide essential overnight accommodations to transients visiting this state, including without limiting in any way the generality of the foregoing, marinas, beaches, bathing facilities, ski facilities, convention facilities, hotels, motels, golf courses, camp grounds, arenas, theatres, lodges, guest cottages, and all types of real or personal property related thereto as may be determined from time to time by the corporation.

{DEL (u) DEL} {ADD (x) ADD} "Revenues" means (1) with respect to any project, the rents, fees, tolls, charges, installment payments, repayments, and other income or profit derived from a project or a combination of projects pursuant to any lease, conditional sales contract, installment sales contract, loan agreement, or other contract or agreement, or any combination thereof and (2) any receipts, fees, payments, moneys, revenues or other payments received or to be received by the corporation in the exercise of its corporate powers under this chapter, including without limitation loan repayments, grants, aid, appropriations and other assistance for the state, the United States or any corporation, department or instrumentality of either or of a political subdivision thereof, bond proceeds, investment earnings, insurance proceeds, amounts in reserves and other funds and accounts established by or pursuant to this chapter or in connection with the issuance of bonds, and any other taxes, assessments, fees, charges, awards or other income or amounts received or receivable by the corporation.

{DEL (v) DEL} {ADD (y) ADD} "Rule or regulation" means any directive promulgated by the corporation not inconsistent with the laws of the United States or the state, for the improvement of navigation and commerce or other project purposes and shall include, but not be limited to, charges, tolls, rates, rentals, and security provisions fixed or established by the corporation.

{ADD (z) "Sewage" shall be construed to mean the same as "pollutant" as defined in section 42-64-3(o) above.

(aa) "Sewage treatment facility" shall mean the sewage treatment plant, structure, combined sewer overflows, equipment, interceptors, mains, pumping stations and other property, real, personal or mixed, for the treatment, storage, collection, transporting or disposal of sewage, or any property or system to be used in whole or in part for any of the aforesaid purposes located or operated within the boundaries of the Quonset Point/Davisville Industrial Park, or utilized by the corporation for the transport, collection, treatment, storage or disposal of waste. ADD}

{DEL (w) DEL} {ADD (bb) ADD} "Solid waste" means garbage, refuse, and other discarded materials, including, but not limited to, solid waste materials resulting from industrial, recreational, utility, and commercial enterprises, hotels, apartments, or any other public building or private building, or agricultural, or residential activities.

{DEL (x) DEL} {ADD (cc) ADD} "Solid waste disposal facility" means any real or personal property, related to or incidental to any project, which is designed or intended or designated for the purpose of treating, compacting, composting, or disposing of solid waste materials, including treatment, compacting, composting, or disposal plants, site and equipment furnishings thereof, and their appurtenances.

{ADD (dd) "Source" shall mean any building, structure, facility or installation from which there is or may be the discharge of sewage. ADD}

{DEL (y) DEL} {ADD (ee) ADD} "State" means the state of Rhode Island and Providence Plantations.

{DEL (z) DEL} {ADD (ff) ADD} "State agency" means any office, department, board, commission, bureau, division, authority, or public corporation, agency or instrumentality of the state.

{DEL (aa) DEL} {ADD (gg) ADD} "State guide plan" means the plan adopted pursuant to section 42-11-10, which establishes the statewide planning program.

{DEL (bb) DEL} {ADD (hh) ADD} "Utility facility" means any real or personal property designed, intended or utilized for generating, manufacturing, producing, storing, transmitting, distributing, delivering, or furnishing natural or manufactured gas, steam, electrical, or nuclear energy, heat, light, or power directly or indirectly to or for any project, project user or for the public, the collection and disposal of storm and sanitary sewage; any railroads necessary or desirable for the free flow of commerce to and from projects; any roads, highways, bridges, tunnels, viaducts, or other crossings necessary or desirable for the free flow of commerce to and from projects, and any public transportation systems or facilities, including but not limited to bus, truck, ferry, and railroad terminals, depots, tracked vehicles, and other rolling stock and ferries; and any appurtenances, equipment and machinery or other personal property necessary or desirable for the utilization thereof.

{DEL (cc) DEL} {ADD (ii) ADD} "Water supply facility" means any real or personal property, or any combination thereof related to or incidental to any project, designed, intended, or utilized for the furnishing of water for domestic, industrial, irrigation, or other purposes and including artesian wells, reservoirs, dams, related equipment, and pipelines, and other facilities.

{DEL (dd) DEL} {ADD (jj) ADD} "Parent corporation" means when used in connection with a subsidiary corporation established pursuant to section 42-64-7.1 hereof, the governmental agency and public instrumentality, created and established pursuant to section 42-64-4 hereof.

42-64-7. Additional general powers. -- In addition to the powers hereinbefore enumerated, except to the extent inconsistent with any specific provision of this chapter, the corporation shall have power:

(a) To undertake the planning, development, construction, financing, management, operation of any project, and all activities in relation thereto.

(b) To sell, mortgage, lease, exchange, transfer, or otherwise dispose of or encumber any port project, (or in the case of a sale, to accept a purchase money mortgage in connection therewith) or to grant options for any purposes with respect to any real or personal property or interest therein, all of the foregoing for such consideration as the corporation shall determine. Any lease by the corporation to another party may be for such part of the corporation's property, real or personal, for such period, upon such terms or conditions, with or without an option on the part of the lessee to purchase any or all of the leased property for such consideration, at or after the retirement of all indebtedness incurred by the corporation on account thereof, as the corporation shall determine.

Without limiting the generality of the foregoing, the corporation is expressly empowered to lease or sell any part of the real or personal property owned or controlled by the corporation to the state, or any department thereof or to any municipality. The provisions of this section or of any other laws of this state (other than this chapter) restricting the power of the state, its departments or any municipality, to lease or sell property, or requiring or prescribing publication of notice of intention to lease or sell, advertising for bids, the terms of contracts of lease or sale, that would in any manner interfere with the purpose of this section which is to provide for the mutual cooperation by and between the corporation and the state, its departments or any municipality, to the fullest extent possible, are not applicable to leases and sales made pursuant to this section.

(c) To prepare or cause to be prepared plans, specifications, designs, and estimates of costs for the construction, reconstruction, rehabilitation, improvement, alteration, or repair of any project, and from time to time to modify such plans, specifications, designs, or estimates.

(d) To manage any project, whether then owned or leased by the corporation, and to enter into agreements with the state or any municipality or any agency or instrumentality thereof, or with any person, firm, partnership, or corporation, either public or private, for the purpose of causing any project to be managed.

(e) To provide advisory, consultative, training, and educational services, technical assistance, and advice to any person, firm, partnership, or corporation, whether the same be public or private, in order to carry out the purposes of this chapter.

(f) Subject to the provisions of any contract with note holders or bond holders to consent to the modification, with respect to rate of interest, time of payments of any installment of principal or interest, security or any other term of any mortgage, mortgage loan, mortgage loan commitment, contract, or agreement of any kind to which the corporation is a party.

(g) In connection with any property on which it has made a mortgage loan, to foreclose on that property or commence an action to protect or enforce any right conferred upon it by law, mortgage, contract, or other agreement and to bid for and purchase the property at any foreclosure or any other sale, or to acquire or take possession of the property; and in that event the corporation may complete, administer, pay the principal of, or interest on any obligations incurred in connection with such property, dispose of, and otherwise deal with such property in a manner as may be necessary or desirable to protect the interest of the corporation therein.

(h) As security for the payment of principal and interest on any bonds or notes or any agreements made in connection therewith, to mortgage and pledge any or all of its projects and property, whether then owned or thereafter acquired, and to pledge the revenues and receipts from all or part thereof, and to assign or pledge the leases, sales contracts or loan agreements or other agreements on any portion or all of its projects and property and to assign or pledge the income received by virtue of the lease, sales contracts, loan agreements or other agreements.

(i) To invest any funds of the corporation including funds held in reserve or sinking funds, or any moneys not required for immediate use or disbursement at the discretion of the corporation, in (1) obligations of the state or the United States, (2) obligations of the principal and interest of which are guaranteed by the state or the United States, (3) obligations of agencies and instrumentalities of the state or the United States or (4) certificates of deposits of banks and trust companies or shares of building-loan associations organized under the laws of the state or doing business in the state or (5) such obligations, securities, and other investments as shall be specified in resolutions of the corporation.

(j) To engage the services of consultants on a contract basis for rendering professional and technical assistance and advice, and to employ architects, engineers, attorneys, accountants, construction, and financial experts and such other advisors, consultants, and agents as may be necessary in his judgment, and to fix their compensation.

(k) To contract for and to accept any gifts or grants or loans or funds or property or financial or other assistance in any form from the United States or any agency or instrumentality thereof or from the state or any agency or instrumentality thereof or from any other source and to comply, subject to the provisions of this chapter, with the terms and conditions thereof.

(l) To enter into agreements with any municipality or political subdivision, either directly or on behalf of any other party which holds legal title to all or any portion of a project as the lessee for the corporation designated pursuant to paragraph (c) of section 20 of this chapter, providing that the corporation or such lessee shall pay annual sums in lieu of taxes to such municipality or political subdivision of the state in respect of any real or personal property which is owned by the corporation or such lessee and is located in the municipality or political subdivision.

(m) To borrow money and to issue negotiable bonds and notes, and to provide for the rights of the holders thereof, for the purpose of providing funds to pay all or any part of the cost of any port project or for the purpose of refunding any bonds theretofore issued.

(n) To construct, acquire, own, repair, develop, operate, maintain, extend, and improve, rehabilitate, renovate, furnish, and equip one or more port projects and to pay all or any part of the costs thereof from the proceeds of bonds of the corporation or from any contribution, gift, or donation or other funds made available to the corporation for those purposes.

(o) To fix, charge and collect rents, fees, tolls, and charges for the use of any port project and to alter and investigate rates, and practices of charging, which affect port projects so as to increase commerce in the state.

(p) To prescribe rules and regulations deemed necessary or desirable to carry out the purposes of this chapter including rules and regulations to insure maximum use and proper operation of port projects.

(q) To establish penalties for violations of any order, rule, or regulation of the corporation, and a method of enforcing the same.

(r) To develop, maintain, and operate foreign trade zones under such terms and conditions as may be prescribed by law.

{ADD (s) To impose administrative penalties in accordance with the provisions of section 42-64-9.2.

(t) To make assessments and impose reasonable and just user charges, and to pay for such expenses as may be required by law or as may be determined by the corporation to be necessary for the maintenance and operation of the sewage treatment facility.

(u) To establish a sewage pretreatment program, and to require as a condition to the grant or reissuance of any approval, license, or permit required under the program that the person applying for the approval, license or permit, pay to the corporation a reasonable fee based on the cost of reviewing and acting upon the application and based on the costs of implementing the program. In addition, where a violation of any of the provisions of this title or any permit, rule, regulation, or order issued pursuant thereto have occurred, the violator shall reimburse the corporation for the actual costs if implementing and enforcing the terms of the permit, rule, regulation or order as a condition to the grant or reissuance of any approval. ADD}

SECTION 2. Chapter 42-64 of the General Laws entitled "Rhode Island Economic Development Corporation" is hereby amended by adding thereto the following section:

{ADD 42-64-7.8. Sewer treatment facilities, connections, sewer user fees, charges and assessments. -- ADD} {ADD (a) The corporation shall have full and complete authority to limit, deny, or cause appropriate direct or indirect connections to be made between any building or property located in the Quonset Point/Davisville Industrial Park, or from any location outside the boundaries of the Quonset Point/Davisville Industrial Park and discharging into the corporation's sewage treatment facility. The corporation shall prescribe such rules and regulations for sewer connections as in the opinion of the corporation are necessary and appropriate for the maintenance and operation of the sewer treatment facility. No person shall make any connection from any structure to any sewer or appurtenance thereto discharging to the sewage treatment facility without first being granted a written permit from the corporation in accordance with its rules and regulations. The corporation shall have full and complete power and authority to compel any person within the Quonset Point/Davisville Industrial Park, for the purpose of sewage disposal, to establish a direct connection on the property of the individual, firm, partnership or corporation, or at the boundary thereof to the corporation's sewage treatment facility. Such connections shall be made at the expense of the individual, firm, partnership or corporation. The term "appurtenance" as used herein shall be construed to include adequate pumping facilities, whenever the pumping facilities shall be necessary to deliver sewage to the sewage treatment facility.

(b) The corporation shall assess any person having a direct or indirect connection to the Quonset Point/Davisville Industrial Park sewage treatment facility the reasonable charges for the use, operation, maintenance and improvements to the facility.

(c) The corporation shall proceed under the provisions of this chapter to collect the fees, charges and assessments from any individual, firm, partnership or corporation so assessed. Each entity so assessed shall pay the fees, charges, or assessments within the time frame prescribed by the rules and regulations of the corporation. The corporation may collect the fees, charges and assessments in the same manner in which taxes are collected by municipalities, with no additional fees, charges, assessments or penalties (other than those provided for in chapter 9 of title 44). All unpaid charges shall be a lien upon the real estate of the individual, firm, partnership or corporation. The lien shall be filed in the records of land evidence for the town in which the property is located and the corporation shall simultaneously with the filing of such lien give notice to the property owner. Owners of property subject to a lien for unpaid charges are entitled to a hearing within fourteen (14) days of recording of the lien.

(d) Notwithstanding the provisions of subsection (c) herein, the corporation is authorized to terminate the water supply service of any individual, firm, partnership or corporation for the nonpayment of sewer user fees, charges and assessments. The corporation shall notify the user of termination of water supply at least forty-eight (48) hours prior to ceasing service. The corporation may assess any individual, firm partnership or corporation any fees, charges and assessments affiliated with the shut off and restoration of service. ADD}

{ADD 42-64-7.9. Orders as to pretreatment of sewage. -- ADD} {ADD (a) Without limiting the generality of the foregoing, the authority hereby vested in the corporation shall include the authority to limit, reject or prohibit any direct or indirect discharge of pollutants or combination of pollutants as defined by applicable federal or state law, into any treatment facility operated by the corporation, to require that any person or class of user shall submit any and all discharges into the corporation's wastewater collection and treatment system to such pretreatment standards and requirements as prescribed by the corporation.

(b) The corporation shall adopt rules, regulations and permit requirements for pretreatment. The corporation shall adopt such rules, regulations and permit requirements necessary to ensure compliance by all parties with:

(i) applicable federal and state laws;

(ii) state and federal discharge permit limitations for the corporation's wastewater treatment facility;

(iii) necessary and appropriate local limitations.

(c) The corporation shall have the authority to issue or deny permits to any person for the direct or indirect discharge of any pollutants into any corporation wastewater treatment facility and to require the development of a compliance schedule by each discharger to insure compliance with any pretreatment required by the corporation. No person shall discharge any pollutant into the corporation's wastewater facility except as in compliance with the provisions of this section and any rules and regulations promulgated under this chapter and pursuant to all terms and conditions of a permit.

(d) The corporation may, by regulation, order, permit or otherwise require any person who discharges into any wastewater treatment facility owned by the corporation to:

(i) establish and maintain records as required by federal or state statute, or by rule, regulation, compliance order or permit terms;

(ii) make any and all reports as required by federal or state statute or by rule, regulation, compliance order or permit terms;

(iii) install, calibrate use and maintain any and all monitoring equipment or testing procedures including, where appropriate, biological monitoring methods;

(iv) sample any discharges and effluents in accordance with such methods and at such locations and at such intervals and in such a manner as the corporation may prescribe; and

(v) provide such other information relating to discharges into the facilities of the corporation as the corporation may reasonably require to insure compliance with prescribed pretreatment. The information shall include but shall not be limited to those records, reports and procedures required by applicable federal and state laws.

(e) Notwithstanding any other provision of this section, the corporation shall have the authority, and shall accordingly prescribe the appropriate procedures, to immediately and effectively halt or prevent any discharge of pollutants into the facilities of the corporation which reasonably appears to present an imminent danger to human health or the environment. The corporation shall also have the authority and shall prescribe the appropriate procedures which shall include notice to the affected discharger and an opportunity to respond, to hold or prevent any discharge into the facilities of the corporation which presents or may present a threat to the operation of the wastewater collection and/or treatment system. Procedures prescribed under this subsection which comply in form to those provided in section 42-17.1-2(u) shall be deemed to be appropriate. ADD}

{ADD 42-64-9.1. Inspection powers. -- ADD} {ADD (a) The corporation is authorized to carry out all inspection, surveillance and monitoring procedures necessary to determine, independent of information supplied by any discharger or permit holder, compliance or noncompliance by the person with pretreatment requirements prescribed by the corporation.

(b) The corporation or its duly authorized employees or agents, upon presentation of identification and appropriate credentials, is authorized:

(l) To enter without delay and at reasonable times, those premises, both public and private, either receiving services from the corporation, or applying for a permit for discharge into the corporation's wastewater collection and treatment system;

(2) To examine any and all records kept in accordance with the rules and regulations adopted by the corporation, or required by permit or compliance order or maintained pursuant to section 42-64-7.9 above; and

(3) To have access to and inspect or test any monitoring or testing equipment or monitoring or testing method, or to sample any effluent or discharge during regular working hours, or at other reasonable times, or at any time a discharge is reasonably believed to present an imminent danger to human health or the environment.

(c) Any person obstructing, hindering or in any way causing to be obstructed or hindered the corporation or its duly authorized employees or agents in the performance of their duties, or who shall refuse to permit the corporation or its duly authorized employees or agents entrance to or egress form any premises, buildings, plant or equipment or other places belonging to or controlled by the person in the performance of his or her duties as such shall be subject to the civil and criminal penalties set forth in sections 42-64-9.2 and 42-64-9.3. ADD}

{ADD 42-64-9.2. Civil penalties. -- ADD} {ADD (a) Any person who shall violate the provisions of this chapter or of any permit, rule, regulation, or order issued pursuant thereto, shall be subject to a civil penalty of not more than twenty-five thousand dollars ($25,000) for each day during which the violation occurs.

(b) The corporation shall, in the same manner as cities and towns are authorized under the provisions of section 45-6-2.3(a)(4), and the Narragansett Bay Commission is authorized under the provisions of section 46-25-25.2(b), obtain actual costs and reasonable attorney's fees incurred by the corporation in seeking compliance, penalties or damages. ADD}

{ADD 42-64-9.3. Criminal penalties. -- ADD} {ADD (a) No person shall knowingly make any false statement, representation, or certification in any application, record, report, plan or other document filed or required to be maintained under this chapter or by any permit, rule, regulation or order issued under those sections and no person shall falsify, tamper with or knowingly render inaccurate any monitoring device or method required to be maintained under this chapter or by any permit, rule, regulation or order issued under those sections.

(b) No person shall discharge into any outlet within the Quonset Point/Davisville Industrial Park any sewage or waste without a permit.

(c) No person shall construct or maintain any privy, privy vault, septic tank cesspool, dry well or other facility intended or used for the disposal of sewage wastes or other pollutants within the Quonset Point/Davisville Industrial Park.

(d) No person shall maliciously, willfully or negligently breach, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment, or dump garbage, refuse, or other material into any drain, storm sewer or other part of the wastewater collection or treatment system or on any property within the Quonset Point/Davisville Industrial Park.

(e) No person shall uncover, make any connection with, or opening into, use, alter or disturb any interceptor or appurtenance thereof, without first obtaining written permission from the corporation.

(f) No person shall discharge or cause to be discharged any unpolluted waters such as stormwater, groundwater, roof runoff, subsurface drainage, uncontaminated cooling water or unpolluted industrial process waters to the corporation's wastewater treatment facility.

(g) Any person who shall be found guilty of violating willfully or with criminal negligence, any of the provisions of this chapter or of any permit, rule or regulation issued pursuant thereto, or an order of the corporation shall be punished by a fine of not more than twenty-five thousand dollars ($25,000) or by imprisonment for not more than thirty (30) days, or by both fine and imprisonment; and every person shall be deemed guilty of a separate and distinct offense for each day during which the violation shall be repeated or continued. Further, the person shall be liable for all damages directly related to the violation, including additional costs of handling and treating any prohibited wastes, and shall reimburse the corporation for actual enforcement costs incurred by the corporation including reasonable attorney's fees and administrative costs. ADD}

{ADD 42-64-9.4. Procedures for enforcement. -- ADD} {ADD (a) The corporation shall have authority to seek legal or equitable relief in the federal court or in the superior court for Providence County to enforce the requirements of sections 307(b) and (c); 402(b)(8) and other applicable sections of the Federal Water Pollution Control Act, (33 U.S.C. section 1251 et seq.) and any regulations implementing those sections and/or authorized by this chapter. Whenever, on the basis of any information available to the corporation, the corporation has reasonable grounds to believe that a person has violated any provision of this chapter or of any permit, rule, regulation or order issued pursuant thereto, the corporation may institute administrative, civil or criminal proceedings in the name of the Rhode Island Economic Development Corporation. The corporation shall not be required to enter into any recognizance or give surety for costs prior to instituting such proceeding. The corporation has the authority to order any person who violates any provision of this chapter or of any permit, rule, regulation or order issued pursuant thereto to cease and desist the violation or to remedy the violations and to impose administrative penalties. The corporation may impose administrative penalties only in accordance with the notice and hearing provisions of sections 42-35-1 [et seq.], this chapter and as set forth in the corporation's rules and regulations.

(b) The superior court for Providence County shall have jurisdiction to enforce the provisions of this chapter and any rule, regulation, permit or administrative order issued pursuant thereto. Proceedings for enforcement may be instituted and prosecuted in the name of the corporation. In any proceeding on which injunctive relief is sought, it shall not be necessary for the corporation to establish that without the relief the injury which will result will be irreparable or that the remedy at law is inadequate. Proceedings provided in this section shall be in addition to and may be utilized in lieu of other administrative or judicial proceeding authorized by this chapter. ADD}

{ADD 42-64-9.5. Hearings. -- ADD} {ADD At all hearings held under the provisions of this chapter, the corporation and the members thereof shall have the right to administer oaths. All persons testifying at the hearings shall do so under oath and under penalty of perjury. The corporation shall have the right to issue subpoenas to compel the appearance of witnesses and/or the production of any books, records, or other documents. Any person may be represented by counsel at the hearing. The corporation may adjourn the hearings from time to time whenever the adjournment shall in its opinion, be necessary or desirable. The testimony adduced at the hearing shall be transcribed by a stenographer. ADD}

{ADD 42-64-9.6. Notice of decisions. -- ADD} {ADD Within a reasonable time following the conclusion of the hearing, the corporation shall render its decision and findings and shall give notice thereof by publication in some newspaper of general circulation published in Rhode Island and distributed in Washington and Providence Counties and by mailing a copy thereof by registered or certified mail to each person who shall have registered with the corporation with his or her name and address with a request for specific notification of the results of the hearing. ADD}

{ADD 42-64-9.7. Notice of hearing on orders. -- ADD} {ADD Before adopting or entering any order applicable to any one (1) or more specific persons, the corporation shall give to each of the persons, by registered or certified mail at least twenty (20) days notice of the time and place of the hearing to be afforded to each of the persons if he, she or it desires the hearing. The notice shall state the date, time and location of the hearing. ADD}

{ADD 42-64-9.8. Procedure for hearings on orders. -- ADD} {ADD The provisions of sections 42-64-9.5 to 42-64-9.7, inclusive, relative to hearing and judicial review shall be applicable to all hearings and decisions held pursuant to this chapter. ADD}

{ADD 42-64-28.1. Public access to information. -- ADD} {ADD Any permit, permit application or effluent data shall be available to the public for inspection and copying. The corporation shall treat as privileged any information which would, if made public, divulge methods or processes entitled to protections as trade secrets of the person or entity. Confidential or privileged materials may be disclosed or transmitted to other officers, employees or agents of the corporation. ADD}

{ADD 42-64-28.2. Rules and regulations. -- Notice of rule review. -- ADD} {ADD The corporation may adopt rules and regulations, or any amendment to rules and regulations according to the provisions of chapter 35 of title 42. The corporation shall also give notice thereof, prior to the effective date thereof, by sending, by registered or certified mail, a copy thereof to each person interested therein who shall have registered with the corporation his or her name and address, with a request to be so notified. Review of the rules and regulations may be had as provided in chapter 35 of title 42. ADD}

SECTION 3. This act shall take effect upon passage.