reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-19.7 - Hazardous Waste Management Facilities › Section 23-19.7-14. - Inconsistent provisions.

§ 23-19.7-14. Inconsistent provisions.
If the provisions of this chapter are inconsistent with the provisions of any other law or ordinance, general, special or local, the provisions of this chapter shall be controlling.
History of Section.
P.L. 1982, ch. 197, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-19.7 - Hazardous Waste Management Facilities › Section 23-19.7-15. - Liberal construction — Severability.

§ 23-19.7-15. Liberal construction — Severability.
(a)
The provisions of this chapter shall be interpreted and construed liberally in aid of its declared purpose. If any provisions of this chapter, or of any rule or regulation issued under this chapter, is held invalid by a court of competent jurisdiction, the remainder of the chapter, rule, or regulation issued under this chapter, is held invalid by a court of competent jurisdiction, the remainder of the chapter, rule, or regulation shall not be affected by the invalidity.
(b)
The invalidity of any section or sections or parts of any section or sections of this chapter shall not affect the validity of the remainder of the chapter.
History of Section.
P.L. 1982, ch. 197, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-19.8 - Hazardous Waste Cleanup › Section 23-19.8-1. - Short title.

§ 23-19.8-1. Short title.
This chapter may be cited as the “Hazardous Waste Cleanup Good Samaritan Act”.
History of Section.
P.L. 1984, ch. 148, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-19.8 - Hazardous Waste Cleanup › Section 23-19.8-2. - Definitions.

§ 23-19.8-2. Definitions.
As used in this chapter:
(1)
“Discharge” includes, but is not limited to, any emission, other than natural seepage, intentional or unintentional, and includes, but is not limited to, spilling, leaking, pumping, pouring, emitting, emptying or dumping.
(2)
“Hazardous materials” include all materials and substances which are now or hereafter designated as hazardous by any state or federal law or by the regulations of any state or federal government agency.
(3)
“Person” includes an individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, association, the federal government or any agency or subdivision thereof, a state, municipality, commission, political subdivision of a state, or any interstate body.
(4)
“Oil” means oil of any kind and in any form, whether crude, refined, or a petroleum by product, including, but not limited to, petroleum, fuel oil, gasoline, lubricating oils, oily sludge, oil refuse, oil mixed with other wastes, crude oils, liquified natural gas, propane, butane, or other liquid hydrocarbons regardless of specific gravity.
History of Section.
P.L. 1984, ch. 148, § 1; P.L. 2011, ch. 118, § 1; P.L. 2011, ch. 127, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-19.8 - Hazardous Waste Cleanup › Section 23-19.8-3. - Exemption from liability.

§ 23-19.8-3. Exemption from liability.
(a)
Notwithstanding any provision of law to the contrary, no qualified or trained person who provides assistance or advice in mitigating the effects of an accidental or threatened discharge of hazardous materials, or in preventing, cleaning up, or disposing of the discharge, shall be subject to civil liabilities or penalties of any type when responding voluntarily and at the request of:
(1)
A governmental agency;
(2)
The person responsible for any discharge;
(3)
The person responsible for preventing, cleaning up, or disposing of any discharge; or
(4)
The agent or authorized representative of any federal and/or state agency or person.
(b)
The exemption set forth in this section shall apply to oil spill pollution prevention activities and/or activities dedicated to the containment, clean up or abatement of hazardous materials.
(c)
The exemptions to liabilities set forth in this section shall apply to any city or town fire department, fire district, volunteer fire association or their hazardous materials and/or decontamination teams or representatives from the Rhode Island department of environmental management.
(d)
The exemptions from liability provided by this subsection shall not apply if the person is grossly negligent or engages in willful misconduct as further defined in § 23-19.8-6.
History of Section.
P.L. 1984, ch. 148, § 1; P.L. 2011, ch. 118, § 1; P.L. 2011, ch. 127, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-19.8 - Hazardous Waste Cleanup › Section 23-19.8-4. - Exemptions to immunities.

§ 23-19.8-4. Exemptions to immunities.
The immunities provided in § 23-19.8-3 shall not apply to the responsible party or to any vendor of a responsible party. For the purpose of this section, “vendor” means any individual, trust, firm, corporation, partnership, or association that offers oil mitigation services, containment services, clean up activities or oil spill pollution prevention programs for sale to the public.
History of Section.
P.L. 1984, ch. 148, § 1; P.L. 2011, ch. 118, § 1; P.L. 2011, ch. 127, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-19.8 - Hazardous Waste Cleanup › Section 23-19.8-5. - Common carriers.

§ 23-19.8-5. Common carriers.
Nothing in § 23-19.8-3 shall affect the liability of any person who is legally obligated to render assistance. A common carrier shall not be deemed to be legally obligated under the meaning of the preceding sentence if prior to rendering assistance that carrier was under no legal duty with respect to the discharge.
History of Section.
P.L. 1984, ch. 148, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-19.8 - Hazardous Waste Cleanup › Section 23-19.8-6. - Gross negligence and reckless misconduct.

§ 23-19.8-6. Gross negligence and reckless misconduct.
Nothing in § 23-19.8-3 shall be construed to limit or otherwise affect the liability of any person for damages resulting from the person’s gross negligence or from the person’s reckless, wanton, or intentional misconduct.
History of Section.
P.L. 1984, ch. 148, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-19.9 - Low-Level Radioactive Waste Compact › Section 23-19.9-1. - Policy and purpose.

§ 23-19.9-1. Policy and purpose.
There is created the Rhode Island-Massachusetts Interstate Low-Level Radioactive Waste Management Compact. The party states recognize that the Congress has declared that each state is responsible for providing for the availability of capacity, either within or outside its borders, for disposal of low-level waste generated within its borders, except for waste which remains a federal responsibility, including waste generated as a result of atomic energy defense activities of the federal government, as defined in the Low-Level Radioactive Waste Policy Act, 42 U.S.C. § 2021b et seq., or federal research and development activities. The party states further recognize that the Congress of the United States has provided for, and encouraged the development of, regional low-level waste compacts to manage low-level waste. The party states recognize that the long-term, safe and efficient management of low-level waste generated within the region requires that sufficient capacity to manage low-level waste is properly provided.
In order to promote public health and safety in the region, it is the policy of the party states to: enter into a regional low-level waste management compact as a means of facilitating an interstate cooperative effort; promote safe transportation of low-level waste generated in the region; minimize the number of facilities required to effectively and efficiently manage the low-level waste generated in the region; assist in the reduction of both the volume of low-level waste generated in the region and the volume of low-level waste that must be disposed in the region, to the extent consistent with protection of public health, safety, and the environment; distribute the costs, benefits, and obligations of proper low-level waste management equitably among the party states; and promote the environmentally sound and economical management of low-level waste throughout the packaging, transportation, storage, disposal, closure, post-closure observation and maintenance and institutional control periods of waste-related activity.
History of Section.
P.L. 1986, ch. 300, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-19.9 - Low-Level Radioactive Waste Compact › Section 23-19.9-7. - Other laws and regulations.

§ 23-19.9-7. Other laws and regulations.
(a)
Nothing in this compact shall be construed to abrogate or limit the regulatory responsibility or authority of the U.S. Nuclear Regulatory Commission, the U.S. Department of Transportation, the U.S. Department of Energy, any other federal agency, or any Agreement State under Section 274 of the Atomic Energy Act of 1954, as amended, 42 U.S.C. § 2021.
(b)
Except as otherwise specifically provided in this compact, the laws or portions of those laws of party states shall remain in full force.
(c)
Nothing in this compact shall be construed to preempt, in whole or in part, any provision of the Constitution of any party state.
(d)
Nothing in this compact shall make unlawful the continued development or operation of any facility already licensed for development or operation on the date this compact becomes effective.
(e)
No judicial or administrative proceeding pending on the effective date of this compact shall be affected by it. Any legal right, obligation, violation, or penalty arising prior to the effective date of this compact, or not in conflict with it, shall not be affected by this compact.
(f)
Except as provided in § 23-19.9-3(d), no law or regulation of a party state or an agency or political subdivision of a party state may be applied so as to restrict or make more costly or inconvenient access to any regional facility by the generators of another party state than for the generators of the host state.
(g)
The generation, treatment, storage, transportation, or disposal of waste which remains a federal responsibility, including waste generated by the atomic energy defense activities of the federal government, as defined in the Policy Act or federal research and development activities are not affected by this compact.
History of Section.
P.L. 1986, ch. 300, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-19.9 - Low-Level Radioactive Waste Compact › Section 23-19.9-9. - Enforcement.

§ 23-19.9-9. Enforcement.
Primary responsibility for enforcing the provisions of this compact shall rest with the affected state or states. Each party state, consistent with federal and host state regulations and laws, shall adopt and enforce laws imposing penalties on any person, not acting as an official of a party state, for violation of this compact. The Commission, upon a two-thirds (⅔) majority of the eligible votes of its members, may bring action to seek enforcement or appropriate remedies against party states which violate the laws or regulations adopted pursuant to this compact.
History of Section.
P.L. 1986, ch. 300, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-19.9 - Low-Level Radioactive Waste Compact › Section 23-19.9-11. - Severability and construction.

§ 23-19.9-11. Severability and construction.
(a)
The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared by a court of competent jurisdiction to be contrary to the Constitution of any party state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any other government, agency, person or circumstance shall not be affected thereby. If any provision of this compact shall be held contrary to the Constitution of any state participating therein, the compact shall remain in full force and effect as to the state affected as well as to all severable matters. The provisions of this compact shall be liberally construed to give effect to the purposes thereof.
(b)
Nothing in this compact shall be construed to authorize the Commission or any party state to waive the provisions of the compact or the requirements adopted pursuant to it.
History of Section.
P.L. 1986, ch. 300, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-19.10 - Hazardous Waste Reduction, Recycling, and Treatment Research and Demonstration Act of 1986 › Section 23-19.10-1. - Short title.

§ 23-19.10-1. Short title.
This chapter shall be known and may be cited as the “Hazardous Waste Reduction, Recycling, and Treatment Research and Demonstration Act”.
History of Section.
P.L. 1986, ch. 399, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-19.10 - Hazardous Waste Reduction, Recycling, and Treatment Research and Demonstration Act of 1986 › Section 23-19.10-2. - Legislative findings, policy, and intent.

§ 23-19.10-2. Legislative findings, policy, and intent.
It is found and declared that:
(1)
Whenever possible, the generation of hazardous waste is to be reduced or eliminated as expeditiously as possible, and that waste that is generated should be recycled, treated, or disposed of in a manner that minimizes any present or future threats to human health or the environment;
(2)
There exist many promising, but as yet unproved, technologies for the reduced generation of hazardous waste and for recycling and treating hazardous waste;
(3)
Financial commitments by public agencies and private industry for the expeditious development and dispersion of hazardous waste reduction, recycling, and treatment technologies depends upon further research as well as credible and timely demonstrations of the feasibility, environmental acceptability, and reliability of this technology;
(4)
It is the intent of the general assembly, in enacting this chapter, to promote the research, development, and expeditious demonstration of technologies that have the potential to reduce, recycle, and treat hazardous waste. It is further the intent of the general assembly to encourage private sector participation in this program to the greatest extent possible.
History of Section.
P.L. 1986, ch. 399, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-19.10 - Hazardous Waste Reduction, Recycling, and Treatment Research and Demonstration Act of 1986 › Section 23-19.10-3. - Definitions.

§ 23-19.10-3. Definitions.
For purposes of this chapter:
(1)
“Department” means the department of environmental management.
(2)
“Hazardous waste reduction, recycling, and treatment technologies” mean technologies and techniques that have, as their primary purpose, the reduced generation of hazardous waste, the recycling of hazardous waste, or the conversion of hazardous waste into a less hazardous form. “Hazardous waste reduction, recycling, and treatment technologies” do not include solidification or treatment occurring directly in, or on, the land, such as techniques using evaporation, surface impoundments, or land farming.
History of Section.
P.L. 1986, ch. 399, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-19.10 - Hazardous Waste Reduction, Recycling, and Treatment Research and Demonstration Act of 1986 › Section 23-19.10-5. - Reporting requirements.

§ 23-19.10-5. Reporting requirements.
Every generator of hazardous waste shall submit a report to the department, at least once every two (2) years, reporting the changes in volume and toxicity of waste achieved through waste reduction during the period for which the report is issued.
History of Section.
P.L. 1986, ch. 399, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-19.10 - Hazardous Waste Reduction, Recycling, and Treatment Research and Demonstration Act of 1986 › Section 23-19.10-6. - Demonstration program.

§ 23-19.10-6. Demonstration program.
The department shall establish a hazardous waste technology, research, development, and demonstration program, which would consist of both of the following elements:
(1)
Contracting with, and providing grants to, universities, governmental agencies, and private organizations for the research and development of hazardous waste reduction, recycling, or treatment technologies pursuant to § 23-19.10-8.
(2)
Providing grants, under specified conditions, to cities, towns, and private organizations for the commercial demonstration of hazardous waste reduction, recycling, or treatment technologies pursuant to § 23-19.10-7.
History of Section.
P.L. 1986, ch. 399, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-19.10 - Hazardous Waste Reduction, Recycling, and Treatment Research and Demonstration Act of 1986 › Section 23-19.10-7. - Criteria for demonstration projects.

§ 23-19.10-7. Criteria for demonstration projects.
The department shall do all of the following:
(1)
Implement a program to research, develop, and demonstrate hazardous waste reduction, recycling, and treatment technologies at appropriate locations throughout the state.
(2)
In consultation with industry and interested parties, adopt criteria for selecting projects that would receive grants to pay for the construction of equipment which would be used to demonstrate hazardous waste reduction, recycling, or treatment technologies. The criteria shall include provisions which require that, in assessing each project, the department consider the feasibility of the project’s particular technology, the research and technical spin-offs likely to be generated by the project, the degree to which the findings of the projects can be disseminated and evaluated for replication elsewhere, and the consistency of, and contributions of, the project to the state’s hazardous waste management program.
(3)
Using the criteria adopted pursuant to subsection (b), select projects to receive grants to construct equipment that would be used to demonstrate hazardous waste reduction, recycling, or treatment technologies. The department shall select projects that also meet at least one of the following requirements:
(i)
The project has on-site, as well as off-site potential, for the reduction, recycling, or treatment of hazardous waste.
(ii)
The project has the potential to benefit, or be utilized by, small businesses.
(iii)
The project is applicable to a range of industries.
History of Section.
P.L. 1986, ch. 399, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-19.10 - Hazardous Waste Reduction, Recycling, and Treatment Research and Demonstration Act of 1986 › Section 23-19.10-8. - Department contracts for services — Construction grant program.

§ 23-19.10-8. Department contracts for services — Construction grant program.
The department may:
(1)
Contract for services to be performed to carry out this chapter, including, but not limited to, environmental control assessment, feasibility analysis, the review of project design, field management responsibilities, and project scheduling and control.
(2)
Grant funding for equipment construction needed for demonstration of hazardous waste reduction, recycling, and treatment technologies shall be provided to projects selected pursuant to § 23-19.10-7 in four (4) consecutive steps:
(i)
Step I grants shall be made to study the feasibility of a proposed project. Ninety percent (90%) of the costs of the feasibility study shall be eligible for grant funding up to a maximum of forty thousand dollars ($40,000) per grant. In activities funded by a Step I grant, the applicant shall develop information needed to select the waste reduction, recycling, or treatment alternative, which would be most cost effective.
(ii)
Step II grants shall be made for project design. Seventy percent (70%) of the costs of the design of the project shall be eligible for grant funding, except that a small business may be eligible for ninety percent (90%) of those costs up to a maximum of seventy-five thousand dollars ($75,000) per grant. In activities funded by a Step II grant, the applicant shall prepare detailed plans and specifications for the selected facilities, establish schedules for implementation, and obtain necessary permits.
(iii)
Step III grants shall be made for the construction of the facilities. Fifty percent (50%) of the costs of constructing the project shall be eligible for grant funding, except that a small business may be eligible for ninety percent (90%) of those costs, up to a maximum of two hundred fifty thousand dollars ($250,000) per grant. As a condition of receiving a Step III grant, the grantee shall allow the results of the project to be evaluated and the information disseminated to other parties. In activities funded by a Step III grant, the applicant shall construct the facilities as designed under a Step II grant, procure needed equipment, and obtain necessary permits to operate the facility.
(iv)
Step IV grants shall be made to evaluate the effectiveness of grant-funded facilities, develop information on compliance with regulatory permits, and assess applicability of the selected approach to other generators of similar hazardous wastes. Ninety percent (90%) of the costs of those activities shall be eligible for grant funding, except that a small business may be eligible for one hundred percent (100%) of those costs, up to a maximum of fifty thousand dollars ($50,000) per grant.
History of Section.
P.L. 1986, ch. 399, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-19.10 - Hazardous Waste Reduction, Recycling, and Treatment Research and Demonstration Act of 1986 › Section 23-19.10-9. - Evaluation of projects.

§ 23-19.10-9. Evaluation of projects.
The department shall compile the results of all evaluations of projects funded by Step IV grants, or the evaluations of any other projects which are available to the department, and shall make them available to interested parties as expeditiously as possible. The department shall notify any interested party of the availability of project evaluations.
History of Section.
P.L. 1986, ch. 399, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-19.10 - Hazardous Waste Reduction, Recycling, and Treatment Research and Demonstration Act of 1986 › Section 23-19.10-10. - Research grants.

§ 23-19.10-10. Research grants.
(a)
The department may issue grants to, and enter into contracts with, universities, governmental agencies, and private organizations to research and develop hazardous waste reduction, recycling, or treatment technology.
(b)
These grants may be applied to personnel, equipment, and administrative costs and shall, to the extent possible, be used to augment other sources of research and development funding, including federal and private funds.
History of Section.
P.L. 1986, ch. 399, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-19.10 - Hazardous Waste Reduction, Recycling, and Treatment Research and Demonstration Act of 1986 › Section 23-19.10-11. - Report to the governor and the general assembly.

§ 23-19.10-11. Report to the governor and the general assembly.
(a)
The department shall annually report to the governor and the general assembly on the status, funding, and results of all demonstration and research projects awarded grants.
(b)
This report shall include recommendations for legislation and shall identify those state and federal economic and financial incentives which can best accelerate and maximize the research, development, and demonstration of hazardous waste reduction, recycling, and treatment technologies.
History of Section.
P.L. 1986, ch. 399, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-19.11 - Low-Level Radioactive Waste Disposal › Section 23-19.11-1. - Policy and purpose.

§ 23-19.11-1. Policy and purpose.
The state recognizes that the congress has declared that each state is responsible for providing for the availability of capacity either within or outside its borders, for the disposal of low-level radioactive waste generated within its borders, except for those wastes which remain a federal responsibility as defined in the Low-Level Radioactive Waste Policy Act, 42 U.S.C. § 2021(b) et seq., or federal research and development activities. The state recognizes that the long term safe and effective management of low-level radioactive waste generated within the state requires that sufficient capacity to manage low-level radioactive waste be provided. In order to promote public health and safety in the state, it is the policy of the state to enter into a contract with a compact commission of a region in which a regional disposal facility is located to provide for the disposal of all low-level radioactive waste generated in the state, as provided under 42 U.S.C. § 2021(e)(1)(f). The state is required to compensate the compact commission of a region in which a regional disposal facility is located that will provide for the disposal of all low-level radioactive waste generated within the state. Therefore, Rhode Island as a service to its low-level radioactive waste generators, will provide access to a disposal facility with sufficient capacity for their needs and the generators of low-level radioactive waste will reimburse the state for providing this service as long as an agreement exists and is in compliance as defined by the Low-Level Radiation Waste Policy Act.
History of Section.
P.L. 1988, ch. 453, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-19.11 - Low-Level Radioactive Waste Disposal › Section 23-19.11-2. - “Generators” defined.

§ 23-19.11-2. “Generators” defined.
“Generators” means persons who produce or treat low-level radioactive waste in the state, but do not include persons who only provide a service arranging for collection, transportation, treatment, storage, or disposal of low-level radioactive waste generated outside the region.
History of Section.
P.L. 1988, ch. 453, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-19.11 - Low-Level Radioactive Waste Disposal › Section 23-19.11-4. - Fees.

§ 23-19.11-4. Fees.
All generators of low level radioactive waste will deposit as general revenues a fee equivalent to that which has been stated in the compact agreement of the state of Rhode Island and a compact commission of a region in which a regional disposal facility is located to provide for Rhode Island’s low-level radioactive waste generated. This fee will be no more than the penalty surcharge as specified in the Low-Level Radioactive Waste Policy Act of 1988, 42 U.S.C. § 2021(b), and will be based on the cubic feet of low-level radioactive waste deposited in an approved low level radioactive waste disposal facility. Fees will be paid within thirty (30) days of shipment of any low level radioactive waste materials for disposal of in a low level radioactive waste disposal facility.
History of Section.
P.L. 1988, ch. 453, § 1; P.L. 1995, ch. 370, art. 40, § 66.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-19.12 - Generation — Transportation — Storage — Treatment — Management and Disposal of Regulated Medical Waste › Section 23-19.12-1. - Legislative findings.

§ 23-19.12-1. Legislative findings.
(a)
The general assembly finds and declares that the health and welfare of the citizens of the state require regulation of persons and legal entities engaged in the generation, transportation, storage, treatment and disposal of regulated medical waste.
(b)
The general assembly finds that the public is concerned over human health risks, environmental problems at Rhode Island shoreline areas, and economic losses caused by improper management and disposal of medical waste and that the public perceives these situations to be unacceptable. Therefore, the general assembly finds there is a need to more closely regulate medical waste and to provide additional enforcement vehicles as well as greater penalties for the improper handling of medical waste.
History of Section.
P.L. 1992, ch. 497, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-19.12 - Generation — Transportation — Storage — Treatment — Management and Disposal of Regulated Medical Waste › Section 23-19.12-2. - Declaration of purpose.

§ 23-19.12-2. Declaration of purpose.
The purpose of this chapter is to ensure the public health and quality of the environment of the state by vesting in the department of environmental management the power necessary to regulate and license persons and other legal entities engaged in the generation, transportation, storage, treatment, management, and disposal of regulated medical waste.
History of Section.
P.L. 1992, ch. 497, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-19.12 - Generation — Transportation — Storage — Treatment — Management and Disposal of Regulated Medical Waste › Section 23-19.12-4. - Powers and duties of the director.

§ 23-19.12-4. Powers and duties of the director.
The director shall under the provisions of this chapter have all powers necessary to promulgate any rules, regulations, procedures, and standards that may be necessary to ensure proper, adequate, and sound management of regulated medical waste and to protect the public health and the environment from the effects of improper management of regulated medical waste.
History of Section.
P.L. 1992, ch. 497, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-19.12 - Generation — Transportation — Storage — Treatment — Management and Disposal of Regulated Medical Waste › Section 23-19.12-7. - Inspections.

§ 23-19.12-7. Inspections.
In order to carry out the purposes of this chapter the director is authorized to conduct any inspections of facilities that he or she deems necessary or desirable, where regulated medical waste is generated, stored, treated, destroyed, transferred, or otherwise managed. The director is also authorized to conduct inspections of any vehicles used to transport regulated medical waste and any records required pursuant to the authority granted through this chapter.
History of Section.
P.L. 1992, ch. 497, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-19.12 - Generation — Transportation — Storage — Treatment — Management and Disposal of Regulated Medical Waste › Section 23-19.12-8. - Permits.

§ 23-19.12-8. Permits.
No person or legal entity shall engage in the transportation of regulated medical waste unless that person or legal entity has received a permit issued by the director of the department of environmental management. Exempt from this section are generators that transport regulated medical waste but are exempt under § 23-19.12-5 from the requirement of initiating a medical waste tracking form.
History of Section.
P.L. 1992, ch. 497, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-19.12 - Generation — Transportation — Storage — Treatment — Management and Disposal of Regulated Medical Waste › Section 23-19.12-9. - Application for permit.

§ 23-19.12-9. Application for permit.
Application for a permit shall be made to the director of the department of environmental management upon a form prescribed by the director. Upon approval of the application by the director, a permit shall be issued. Permits shall expire three (3) years from the date of issue, unless sooner if suspended or revoked. The director of the department of environmental management is empowered to charge an annual application fee for a medical waste transporters permit.
History of Section.
P.L. 1992, ch. 497, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-19.12 - Generation — Transportation — Storage — Treatment — Management and Disposal of Regulated Medical Waste › Section 23-19.12-10. - License.

§ 23-19.12-10. License.
(a)
No person or legal entity shall engage in the storage, treatment and/or destruction of regulated medical waste unless that person or legal entity has received a license issued by the director of the department of environmental management. This license is a special category of license issued to solid waste management facilities.
(b)
However, storage by a generator before regulated medical waste is treated and/or destroyed on-site, or offered for transport does not constitute a practice requiring licensure under this section. Nor does the treatment and/or destruction of regulated medical waste by the generator of that waste constitute a practice requiring licensure under this section if the treatment and/or destruction is carried out at a generating facility owned and operated by the generator of the medical waste and if the treatment and/or destruction process does not include waste generated by any other person or legal entity.
History of Section.
P.L. 1992, ch. 497, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-19.12 - Generation — Transportation — Storage — Treatment — Management and Disposal of Regulated Medical Waste › Section 23-19.12-11. - Application for license.

§ 23-19.12-11. Application for license.
Application for a license shall be made to the director of the department of environmental management upon a form prescribed by the director. Upon approval of the application by the director, a license shall be issued. Licenses shall expire three (3) years from the date of issue, unless sooner if suspended or revoked. The director of the department of environmental management is empowered to charge an annual application fee consistent with the fees charged for other solid waste licenses under the authority of § 23-18.9-9.
History of Section.
P.L. 1992, ch. 497, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-19.12 - Generation — Transportation — Storage — Treatment — Management and Disposal of Regulated Medical Waste › Section 23-19.12-12. - Registration for generators.

§ 23-19.12-12. Registration for generators.
(a)
No person or legal entity shall engage in the generation of regulated medical waste unless that person or legal entity has registered with the director of the department of environmental management upon a form prescribed by the director. The director of the department of environmental management is empowered to charge an annual registration fee according to the following fee schedule. For the purpose of these registration requirements, a person is considered to be a single generator, even if it utilizes more than one site in the course of its operation.
Generator
Waste Generated
Annual Registration
Category
Per Generator Per Year
Fee
1
Less than 25 lbs.
$30 per generator
2
25 lbs. to 100 lbs.
$40 per generator
3
101 lbs. to 500 lbs.
$60 per generator
4
501 lbs. to 2,000 lbs.
$160 per generator
5
more than 2,000 lbs.
$200 per generator
(b)
The director will provide generators with registration applications upon request.
History of Section.
P.L. 1992, ch. 497, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-19.12 - Generation — Transportation — Storage — Treatment — Management and Disposal of Regulated Medical Waste › Section 23-19.12-13. - Denial or revoking of licenses.

§ 23-19.12-13. Denial or revoking of licenses.
The director of the department of environmental management may deny an application for a license, or suspend or revoke a license after it has been granted, or refuse to renew a license for any of the following reasons:
(1)
Proof of unfitness of the applicant or licensee to engage in the business;
(2)
A material misstatement by the applicant or licensee in his or her application for a license or renewal;
(3)
Failure of the applicant or licensee to comply with the provisions of this chapter or with any rule or regulation promulgated pursuant to this chapter;
(4)
A history of noncompliance with environmental regulations or standards, or conviction of any environmental crime. This subdivision applies to: the applicant, and officers, major stock holders, or principals of the business for which the application is submitted or to which an existing license has been issued.
History of Section.
P.L. 1992, ch. 497, § 1; P.L. 2021, ch. 400, § 22, effective July 13, 2021; P.L. 2021, ch. 401, § 22, effective July 13, 2021.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-19.12 - Generation — Transportation — Storage — Treatment — Management and Disposal of Regulated Medical Waste › Section 23-19.12-14. - Funding of the medical waste management program.

§ 23-19.12-14. Funding of the medical waste management program.
All money collected under §§ 23-19.12-12 and 23-19.12-15 shall be deposited as general revenues. The program will be funded by a general revenue appropriation. The director shall submit to the general assembly by January 15 of each year a detailed report of the amount of funds obtained from fines and fees and the uses made of the funds.
History of Section.
P.L. 1992, ch. 497, § 1; P.L. 1995, ch. 370, art. 40, § 67.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-19.12 - Generation — Transportation — Storage — Treatment — Management and Disposal of Regulated Medical Waste › Section 23-19.12-15. - Civil or administrative penalties.

§ 23-19.12-15. Civil or administrative penalties.
(a)
Failure to comply with the provisions of this chapter or the rules, regulations, standards and procedures promulgated under the authority of this chapter shall be punishable by a civil or administrative penalty for an amount not to exceed five thousand dollars ($5,000). In the event of a continuing violation of the provisions of this chapter or the rules, regulations, procedures, or standards promulgated under the provisions of this chapter, each and every day of violation shall constitute a separate and distinct violation. Administrative penalties shall be assessed in conformance with and under the provisions of the administrative penalties for environmental violations § 42-17.6 et seq. Civil penalties may be sought in any court of competent jurisdiction.
(b)
Willful failure to comply with the provisions of this chapter or the rules, regulations, standards, and procedures promulgated under the authority of this chapter shall be punishable by a civil or administrative penalty for an amount not to exceed twenty-five thousand dollars ($25,000). In the event of a continuing violation of the provisions of this chapter or the rules, regulations, procedures, or standards promulgated under the provisions of this chapter, each and every day of violation shall constitute a separate and distinct violation. Administrative penalties shall be assessed in conformance with and under the provisions of the administrative penalties for environmental violations § 42-17.6 et seq. Civil penalties may be sought in any court of competent jurisdiction.
History of Section.
P.L. 1992, ch. 497, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-19.12 - Generation — Transportation — Storage — Treatment — Management and Disposal of Regulated Medical Waste › Section 23-19.12-16. - Financial liability relating to the generation, transportation, treatment, storage and disposal of regulated medical waste.

§ 23-19.12-16. Financial liability relating to the generation, transportation, treatment, storage and disposal of regulated medical waste.
As a result of a violation of the rules, regulations, standards, and procedures promulgated under the provisions of this chapter, the generator, transporter, treatment, storage, and disposal facility operator and owner shall be responsible for the disposal of regulated medical waste and any response costs incurred by the department in the investigation and/or remediation incurred, regardless of the provisions of this chapter or any other chapter relating to medical waste.
History of Section.
P.L. 1992, ch. 497, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-19.12 - Generation — Transportation — Storage — Treatment — Management and Disposal of Regulated Medical Waste › Section 23-19.12-17. - Supersedes existing infectious waste regulations.

§ 23-19.12-17. Supersedes existing infectious waste regulations.
The regulations promulgated to this chapter shall supersede the rules and regulations governing the management of infectious waste in health care facilities (R23-17-INF, R23-16.2INF) promulgated by the Rhode Island department of health.
History of Section.
P.L. 1992, ch. 497, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-19.12 - Generation — Transportation — Storage — Treatment — Management and Disposal of Regulated Medical Waste › Section 23-19.12-18. - Delegation of authority to conduct inspections.

§ 23-19.12-18. Delegation of authority to conduct inspections.
The department of environmental management may enter into a cooperative agreement with the department of health for the department of health to conduct inspections of facilities where regulated medical waste is generated. The department of environmental management shall adequately compensate the department of health for conducting these inspections and for undertaking the administrative tasks associated with conducting these inspections.
History of Section.
P.L. 1992, ch. 497, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-19.12 - Generation — Transportation — Storage — Treatment — Management and Disposal of Regulated Medical Waste › Section 23-19.12-19. - Severability.

§ 23-19.12-19. Severability.
The provisions of this chapter are severable and if any provisions or part of any provision shall be held invalid or unconstitutional or inapplicable to any person or circumstances, that invalidity, unconstitutionality, or inapplicability shall not affect or impair the remaining provisions of this chapter.
History of Section.
P.L. 1992, ch. 497, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-19.13 - Gull Control Program › Section 23-19.13-1. - Gull control — Required.

§ 23-19.13-1. Gull control — Required.
(a)
Any person, firm, corporation or government entity engaging in waste operations shall adopt and implement a comprehensive Gull Control Program at each waste facility which they operate. However, the provisions of this section shall not apply to any waste facility that solely accepts waste that is non-edible for gulls. In order to achieve the most effective results the programs may utilize one or more of the following methods of control:
(1)
Use of shellcrackers and other pyrotechnic devices;
(2)
Use of plastic polymer line and/or nets;
(3)
Use of visual and auditory devices; and
(4)
Use of a non-toxic and biodegradable gull repellent.
(b)
The program shall be submitted to and shall meet all standards as required by the department of environmental management, divisions of air and hazardous waste, solid waste, and water quality and with the advice and consent of the division of fish, wildlife and estuarine resources and shall be in compliance with the standards of the United States department of fish and wildlife service law enforcement division and with the advice and recommendations of the U.S. department of agriculture animal and plant health inspection service, animal damage control to develop a customized gull control management program.
(c)
In order to obtain optimum results with respect to each program which shall be adopted and implemented pursuant to this section, the director of the department of environmental management, or his or her designee, is directed to perform an evaluation review of each waste facility at intervals not to exceed six (6) months from the date of the adoption and implementation of the program. To allow for this determination, each waste facility must provide the director of the department of environmental management with all relevant data required by the director that was accumulated within the six (6) month period.
History of Section.
P.L. 1994, ch. 155, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-19.14 - Industrial Property Remediation and Reuse Act › Section 23-19.14-1. - Legislative findings.

§ 23-19.14-1. Legislative findings.
It is recognized and acknowledged by the general assembly that:
(1)
In Rhode Island, there are hundreds of sites that have varying degrees of contamination from hazardous materials;
(2)
The contamination is often an obstacle to redevelopment due to the liability relating to the sites;
(3)
Clean up standards and objectives must be consistent with a site’s current and reasonably expected future use;
(4)
Financial institutions are often cautious or unwilling to lend to businesses that wish to expand at or relocate to sites that have or are feared to be contaminated;
(5)
Rhode Island’s urban corridor contains many sites that have been found by federal or state programs to be contaminated;
(6)
The following cities and towns have numerous known sites: Cranston, East Providence, Johnston, North Smithfield, Pawtucket, Providence, Warwick, West Warwick, Woonsocket, and Central Falls. There are also many potential sites in these and other municipalities that may have been contaminated by historical industrial activities;
(7)
[Deleted by P.L. 2002, ch. 186, § 1.]
(8)
Proper redevelopment and reuse of these properties would not only benefit the state’s economy and the employment of those who live in the urban corridor, but would also benefit the state’s environment; and
(9)
The redevelopment and reuse of these impacted sites will control and remove the existing contamination and will reduce the artificial economic incentive to develop previously undisturbed natural resources.
History of Section.
P.L. 1995, ch. 187, § 1; P.L. 2002, ch. 186, § 1; P.L. 2013, ch. 296, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-19.14 - Industrial Property Remediation and Reuse Act › Section 23-19.14-2. - Declaration of policy.

§ 23-19.14-2. Declaration of policy.
It shall be the policy of this state to assure that:
(1)
Activities are taken to control and eliminate contamination at industrial properties that are fair, consistent, and compatible with the current and reasonably foreseeable future use of the property;
(2)
Environmental barriers to economic redevelopment and beneficial reuse of contaminated properties are removed;
(3)
Opportunities are available for businesses to realistically manage their environmental liabilities;
(4)
Voluntary and cooperative clean-up actions are encouraged to the greatest extent possible; and
(5)
Processes for environmental clean-up and liability relief are effective and efficient and minimize transaction costs to the extent reasonably feasible in order to facilitate appropriate reuse of contaminated properties.
History of Section.
P.L. 1995, ch. 187, § 1; P.L. 2006, ch. 250, § 1; P.L. 2006, ch. 275, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-19.14 - Industrial Property Remediation and Reuse Act › Section 23-19.14-5.1. - Brownfields program and continuous improvement.

§ 23-19.14-5.1. Brownfields program and continuous improvement.
The department of environmental management shall provide for the coordination of the brownfield program, including consolidation of applications and hearing procedures for brownfield properties internally and across state agencies, the creation and maintenance of a consolidated application for brownfield projects which shall include all required department of environmental management application information and information required by other state agencies or bodies for purposes of redeveloping or financing the redevelopment of brownfield properties, and any other coordinating functions which will aid in the quick and efficient redevelopment of brownfield properties.
History of Section.
P.L. 2002, ch. 186, § 2; P.L. 2004, ch. 553, § 1.