TITLE 42
State Affairs and Government

CHAPTER 42-64
Rhode Island Commerce Corporation

SECTION 42-64-7.9


§ 42-64-7.9. Orders as to pretreatment of sewage.

(a) Without limiting the generality of the foregoing, the authority vested in the Rhode Island commerce 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 those 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 rules, regulations and permit requirements necessary to ensure compliance by all parties with:

(1) Applicable federal and state laws

(2) State and federal discharge permit limitations for the corporation's wastewater treatment facility

(3) Necessary and appropriate local limitations.

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

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

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

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

(4) Sample any discharges and effluents in accordance with the methods and at the locations and at the intervals and in a manner as the corporation may prescribe, and

(5) Provide any other information relating to discharges into the facilities of the corporation that the corporation may reasonably require to insure compliance with prescribed pretreatment. The information shall include, but is not limited to, those records, reports and procedures required by applicable federal and state laws.

(e) Notwithstanding any other provision of this section, the Rhode Island commerce 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 Rhode Island commerce 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 § 42-17.1-2(21) shall be deemed to be appropriate.

History of Section.
(P.L. 1997, ch. 39, § 2; P.L. 1997, ch. 62, § 2; P.L. 2008, ch. 475, § 24; P.L. 2013, ch. 243, § 3; P.L. 2013, ch. 490, § 3.)