Header:
CODE OF RHODE ISLAND RULES
AGENCY 12. DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
SUB-AGENCY 010. ADMINISTRATIVE ADJUDICATION DIVISION FOR ENVIRONMENTAL MATTERS
CHAPTER 004. RULES AND REGULATIONS FOR THE ADMINISTRATION OF THE ENVIRONMENTAL RESPONSE FUND
Date:
08/31/2009
Document:
12 010 004 RULES AND REGULATIONS FOR THE ADMINISTRATION OF THE ENVIRONMENTAL RESPONSE FUND II
Table of Contents
Section 1. Authority
Section 2. Purpose
Section 3. Severability
Section 4. Definitions
Section 5. Use of the Fund
Section 6. Procedures for Fund Expenditures
Section 7. Recovery of Fund Monies
Section 8. Administration of Fund Monies
SECTION 1. AUTHORITY
These regulations are adopted pursuant to Chapter 552 of the 1989 Public Laws of Rhode Island and Chapter 42-35 of the General Laws of Rhode Island, as amended.
SECTION 2. PURPOSE
These regulations establish procedures for the expenditure of money from the Environmental Response Fund II as well as procedures for the recovery of money obtained in any administrative or judicial legal action, except as otherwise specified by statute. These regulations shall at all times be construed consistently with the purposes of the Environmental Response Fund II as provided in Chapter 552 of the 1989 Rhode Island Public Laws.
SECTION 3. SEVERABILITY
If any provision of these rules and regulations or the application thereof to any person or circumstances is held invalid by a court of competent jurisdiction, the remainder of the rules and regulations shall not be affected thereby. The invalidity of any section or sections of parts of any section or sections shall not affect the validity of the remainder of these rules and regulations.
SECTION 4. DEFINITIONS
Department, or DEM means the Rhode Island Department of Environmental Management;
Director means the director of the Rhode Island Department of Environmental Management or his designee;
Environmental Response Fund II or Fund means the fund or funds created pursuant to Chapter 552 of the 1989 Rhode Island Public Laws;
Environmental Contaminant for the purpose of this regulation may include, but not be limited to, hazardous waste, solid waste, oil, gasoline, oil spill cleanup debris, petroleum products, wastewater, sludge, sewage, septic waste, or hazardous materials or substances or pesticides;
Environmental Contamination means the negative impacts resulting from the release to the environment of environmental contaminants;
Hazardous Substances means materials defined as such in Section 101 (14) of the Comprehensive Environmental Response Compensation and Liability Act of 1980 (42 USC 9605) as amended;
Hazardous Waste means those hazardous wastes as defined in the Rules and Regulations for Hazardous Waste Generation, Transportation, Treatment, Storage and Disposal and any waste or combination of wastes of a solid, liquid, contained gaseous, or semisolid form which because of its quantity, concentration, or physical, chemical, or infectious characteristics may:
(1) Cause, or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness; or
(2) Pose a substantial present or potential hazard to human health or the environment. Such wastes include, but are not limited to, those which are toxic, corrosive, flammable, irritants, strong sensitizers, substances which are assimilated or concentrated in and are detrimental to tissue, or which generate pressure through decomposition or chemical reaction. Hazardous wastes shall not include those discharges authorized under Chapter 46-12 of the Rhode Island General Laws;
Oil Spill Cleanup Debris shall mean waste generated from the spilling, depositing or placing of petroleum distillates, including, but not limited to, crank case oil, lubricants and hydraulic oil, penetrant oils, tramp oils, quenching oils, kerosene, crude oil, fuel oils and gasoline onto the land or waters of the state.
Septic Waste shall mean any solid, liquid, or semi-solid waste removed from septic tanks or cesspools.
Sewage means any wastes, including wastes from human households, commercial establishments, industries and storm water runoff, that are discharged to or otherwise enter a publicly owned treatment works.
Sludge means residue, partially solid, or solid, treated or untreated, resulting from the treatment of sewage, including such residues from the cleaning of sewers, by processes, such as settling, floatation, filtration and centrifugation, and shall not meet the criteria for a hazardous waste as found in "Hazardous Waste Generation, Transportation, Treatment, Storage and Disposal Rules and Regulations", Rhode Island Department of Environmental Management, effective July 18, 1984, as amended.
Solid Waste shall mean garbage, refuse and other discarded solid materials generated by residential, institutional, commercial, industrial and agricultural sources but does not include solids or dissolved material in domestic sewage or sewage sludge, nor does it include hazardous waste as defined in the Rhode Island Hazardous Waste Management Act, Chapter 23-19.1. For purposes of these rules, solid waste shall also include non-hazardous liquid, semi-solid, and containerized gaseous wastes, subject to any special conditions contained in these rules.
Wastewater means any direct or indirect discharge of a pollutant from residences, businesses, institutions or industries or any combination of the above.
SECTION 5. USE OF THE FUND
(a) All money expended from the Fund shall be used for: activities associated with the prevention or mitigation of environmental contamination and shall be used for the following purposes.
(1) Initial response activities - these activities shall include, but not be limited to, record analysis, site visits and producing remedial and investigatory reports.
(2) Site evaluation activities - these activities shall include, but not be limited to, site mapping, installation of wells and equipment, collection, monitoring and analysis of samples of air, soil and/or water, and evaluation of the impacts of environmental contamination on marine and terrestrial environments, production of reports and implementation and maintenance of necessary technology, and equipment for complete remedial action.
(3) Emergency response action - these activities shall include, but not be limited to, waste disposal or spill response, analysis, containment, and cleanup; temporary resident relocation during the emergency response activities.
(4) State remedial response action - these activities shall include, but not be limited to, removal of contamination or waste, installation of a water supply, groundwater treatment and closure.
(5) Additional activities - these activities shall include, but not be limited to, professional training for employees, public information and education, technical or scientific investigations to support the response, prevention or minimization of environmental releases.
(6) These funds may also be used to support activities related to enforcement of the provisions of Chapter 23-19.1, legal activities to enforce the provisions of Chapters 22-19.1 and 46-12 and to secure contributions from culpable parties as well as ancillaryservices, personnel or equipment to support the activities enumerated in this section.
(7) Provide State matching expenditures for cost associated with State responsibilities noted in the Record of Decision of Federal Superfund Projects.
(b) Consistent with the purposes provided in paragraph (a) above, the Fund may be used in those cases authorized by the Director of DEM.
SECTION 6. PROCEDURES FOR FUND EXPENDITURES
(a) The Director, may from time to time, issue a blanket purchase order contract(s) for the performance of work under the terms of the Fund. Such contract(s) shall be consistent with state contracting procedures and the authorized work shall conform with the purposes of Fund expenditures as set forth in Section 5 of these regulations.
(b) The Director or his designee may authorize emergency services where such services are necessary.
(c) The director may authorize the purchase of goods, services, and/or materials in accordance with normal State purchasing procedures for any of the purposes of the Fund. The hiring of personnel shall be in accordance with State personnel hiring practices and policies.
(d) For purposes of this Section, the DEM Assistant Director for Regulation shall serve as the Director's designee for authorization of expenditures from the Fund and shall be principally responsible for monitoring Fund related activities except that the Director, or any DEM Assistant Director or DEM Division Chief may under emergency conditions authorize expenditures from the Fund.
SECTION 7. RECOVERY OF FUND MONIES
(a) Unless otherwise specified by statute, or in the terms of an administrative or judicial settlement agreement or order, all fines, penalties, administrative costs, or other such monetary contributions recovered in connection with actions taken under 23-19.1, 46-12, 46-13.1, 23-19.5 and activities indicated in Section 5 of this regulation shall automatically be deposited into the Fund II account established under Rhode Island General Laws Section 23-19.1-23.
(b) The DEM Office of Legal Services shall be principally responsible for seeking recovery of all reimbursable money expended from the fund as well as interest and costs from all culpable parties. This responsibility may be delegated to other agencies if there is the need for additional services to carry out this section.
SECTION 8. ADMINISTRATION OF FUND MONIES
All monies in this Fund shall be expended for the purposes specified in the Chapter 552 of the 1989 General Public Laws and these regulations. Said monies shall be under the direction and supervision of the Director of Environmental Management or designee, and shall be vested with all power and authority necessary of incidental to the purpose of this act, including where appropriate, without limiting the generality of said authority, and only by way of illustration, the following authority: (a) to pay for the preparation of any reports, plans and specifications, relocation expenses and other costs such as for designing, surveying, inspecting and engineering required in connection with the implementation of the project; (b) to pay for the costs of equipment, supplies, devices, material, labor, personnel, consultant experts and subcontractors required to identify, investigate, contain, remove and dispose of environmental contaminants and/or rehabilitate areas which have been damaged through the disposal of environmental contamination; (c) to pay the expense of issue for these bonds or notes hereunder from the proceeds thereof.
The foregoing rules and regulations have been adopted and are hereby approved for filing with the Secretary of State in accordance with Chapters 42-17.3, 42-35 and 23-19.1.
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