Introduced By: Senators Blais and Gibbs
Date Introduced : February 10, 1998
It is enacted by the General Assembly as follows:
SECTION 1. Section 46-12-38 of the General Laws in Chapter 46-12 entitled "Water Pollution" is hereby amended to read as follows:
46-12-38. {DEL Licensing of underground
storage tank testers. DEL} {ADD Licensing of underground
storage tank tightness testing. -- ADD} (a) Definitions..
- As used in this section and in conjunction with this chapter
these terms shall be construed to mean:
(1) {DEL "Tank tightness test" DEL} {ADD "Test" ADD}
means a {ADD tank tightness ADD} test capable of detecting a .05
gallon per hour leak from any portion of an underground storage
tank (including but not limited to piping) that routinely contains
petroleum products or hazardous materials while accounting for
effects {DEL of DEL} {ADD such as ADD} thermal expansion
or contraction of the petroleum product or hazardous materials,
vapor pockets, tank deformation, evaporation or condensation,
{DEL and DEL} the location of the water table {DEL . DEL}
{ADD ,or other conditions that could affect test results and which
have been approved, in writing, by the director for use in the
state of Rhode Island. ADD}
(2) {DEL "Tank tightness tester" DEL} {ADD "Tester" ADD}
means {DEL a person DEL} {ADD an individual ADD} who performs
tightness tests on underground storage tanks.
{ADD (3) "Testing business" means a person who employs or subcontracts with testers in the regular course of business. ADD}
(b) Authority of the director.. - The director shall promulgate
rules and regulations consistent with this chapter and with chapter
13.1 of title 46 entitled "Groundwater Protection" for
the licensing of {DEL tank tightness DEL} testers {ADD and
testing businesses ADD}. Nothing in this section shall limit the
director's powers and duties as set forth in this chapter.
(c) License requirement and fee.. - (1) No person shall test {DEL on DEL}
underground storage tanks {ADD or operate a testing business ADD}without
a license {DEL that DEL} {ADD issued by ADD} the director
in accordance with this section.
(2) The director {DEL of environmental protection DEL}shall
charge an annual fee of $100 to each {DEL tank tightness DEL}
tester to whom he or she issues a license. No licensure shall
be issued unless the tester and testing business have paid the
license fee. The director shall deposit the fees collected into
the water protection program account created pursuant to section
42-17.1-2(z).
{ADD (3) The results of any test performed by or on behalf of an
unlicensed tester or testing business ADD} shall be considered
null and void. {DEL The owner or operator of an underground
storage tank of the affected facility shall have the tightness
test repeated at the expense of the unlicensed tester. DEL}
{ADD Where it is determined that test(s) have been performed by
an unlicensed tester or testing business, the owner or operator
of the underground storage tank(s) shall, within ten (10) days
of discovery, either have the underground storage tank(s) retested
by a duly licensed tester or testing business, or have the underground
storage tank(s) emptied and removed from the ground as if they
had failed the test(s). Any unlicensed tester or testing business
that conducts business in the state of Rhode Island shall be strictly
liable for the cost of any retesting performed in accordance with
this section. ADD}
{ADD (4) No license shall be issued unless the tester and/or testing business shall demonstrate that they, jointly or severally, possess liability insurance in an amount satisfactory to the director for any environmental harm, property damage and bodily injury resulting from tank tightness testing activities, including but not limited to performance of tests; the collection, calculation and analysis of test data; handling, calibration, operation and maintenance of testing equipment; and the preparation of test results. The amount of liability insurance shall be established by the director. ADD}
{ADD (5) The rules and regulations promulgated by the director in accordance with this section may, without limitation, require that testers hold and maintain certain certifications, and/or pass written or practical examinations as a prerequisite to licensure. The director may assess a reasonable fee to cover the cost of any examination administered by or on behalf of the department of environmental management. ADD}
(d) Revocation of license. The director shall revoke the license
of any {DEL tank tightness DEL}tester {ADD or testing business ADD}
who fails to comply with this section or with the rules and regulations
promulgated hereunder after the director has {DEL notified
the tank precision tester and has afforded the tester DEL}
{ADD provided the party with notice and ADD} the opportunity to
be heard {DEL . DEL} {ADD in accordance with chapter 35 of
title 42. ADD}
SECTION 2. This act shall take effect upon passage.
