reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-12.9 - Rhode Island Underground Storage Tank Financial Responsibility Act › Section 46-12.9-9. - Reconsideration hearing.

§ 46-12.9-9. Reconsideration hearing.
Any person aggrieved by a decision on a claim submitted to the department may request a reconsideration hearing before the department of environmental management administrative adjudication division under the provisions of the regulations of that office and such regulations shall be consistent with the Rhode Island administrative procedures act, chapter 35 of title 42. Any such decision shall contain a notice of the right to request a hearing and may specify a reasonable time limit, not to exceed twenty-one (21) days, within which said person shall request a hearing. If no such request is made in a timely manner, the said person shall be deemed to have assented to the decision. If a timely request is received, the department of environmental management administrative adjudication division, within a reasonable period of time, shall act upon such request in accordance with the provisions of the Rhode Island administrative procedures act.
History of Section.
P.L. 1994, ch. 144, § 1; P.L. 2016, ch. 148, § 1; P.L. 2016, ch. 160, § 1; P.L. 2017, ch. 80, § 1; P.L. 2017, ch. 92, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-12.9 - Rhode Island Underground Storage Tank Financial Responsibility Act › Section 46-12.9-10. - Nonparticipation in insurer’s insolvency fund.

§ 46-12.9-10. Nonparticipation in insurer’s insolvency fund.
Notwithstanding any other provisions of the law to the contrary, the Rhode Island underground storage tank financial responsibility act shall not be considered an insurance company or insurer under the laws of this state and shall not be a member of nor be entitled to claim against the Rhode Island insurer’s insolvency fund created under chapter 34 of title 27.
History of Section.
P.L. 1994, ch. 144, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-12.9 - Rhode Island Underground Storage Tank Financial Responsibility Act › Section 46-12.9-12. - Severability.

§ 46-12.9-12. Severability.
If any of the provisions of this chapter or the applicability thereof is held invalid by any court of competent jurisdiction, the remainder of these provisions of this chapter shall not be affected hereby.
History of Section.
P.L. 1994, ch. 144, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-12.10 - Commission to Study Feasibility and Funding of Homeowners Assistance Fund for Septic Systems › Section 46-12.10-1. - Legislative findings.

§ 46-12.10-1. Legislative findings.
The General Assembly hereby recognizes and declares that:
(a)
There exists and will continue to exist within the state of Rhode Island the need to construct, maintain and repair facilities and projects for the abatement of pollution caused by domestic wastewater discharges, including, but not limited to, septic systems and cesspools.
(b)
It is found that there are presently ninety thousand (90,000) cesspools within the State of Rhode Island.
(c)
Failed and poorly functioning ISDS systems contribute directly to pollution in such environmentally sensitive areas as Greenwich Bay, coastal salt ponds and other water resources.
(d)
It is further found that there is a need to establish a fund that shall provide to communities financial assistance to create and adopt a community septic system management plan and provide the corpus of a fund within the existing State SRF as administered by the Rhode Island infrastructure bank that shall enable communities to offer to homeowners within those communities the opportunity to access low-cost loans for repair or replacement of failed or poorly functioning septic systems.
History of Section.
P.L. 1996, ch. 182, § 1; P.L. 2015, ch. 141, art. 14, § 15.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-12.10 - Commission to Study Feasibility and Funding of Homeowners Assistance Fund for Septic Systems › Section 46-12.10-2. - Establishment of commission.

§ 46-12.10-2. Establishment of commission.
(a)
There is hereby created a commission known as the Commission to Study Feasibility and Funding of Homeowners Assistance Fund for septic systems which shall consist of fifteen (15) members as follows:
(1)
One member who shall be engaged in the septage hauling industry, to be appointed by the president of the senate;
(2)
One member who is employed by a publicly owned treatment works (POTW) which receives septage, to be appointed by the president of the senate;
(3)
One member who represents a private, non-profit environmental advocacy organization, to be appointed by the speaker;
(4)
One member representing the Rhode Island clean water protection finance agency, to be appointed by the director;
(5)
One member representing the Natural Resource Conservation Service, to be appointed by the speaker;
(6)
One member representing the Narragansett Bay Water Pollution Control Association, to be appointed by the speaker;
(7)
The director of the department of environmental management or his or her designee;
(8)
One public member who is a resident of a community with septic systems, to be appointed by the speaker;
(9)
The director of Narragansett Bay Commission or his or her designee.
(10)
The president of the Rhode Island Mortgage Brokers Association or his or her designee;
(11)
The speaker of the house of representatives shall appoint two (2) members of the house of representatives from the majority party and one member of the house of representatives from the minority party.
(12)
The president of the senate shall appoint one senator from the majority party and one senator from the minority party.
(b)
The chairperson shall be elected by the members of the commission.
History of Section.
P.L. 1996, ch. 182, § 1; P.L. 2001, ch. 180, § 151.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-12.10 - Commission to Study Feasibility and Funding of Homeowners Assistance Fund for Septic Systems › Section 46-12.10-3. - Purposes and duties.

§ 46-12.10-3. Purposes and duties.
The purpose of the commission shall be to study pollution levels in general terms on a statewide basis; develop a program where cities and towns develop community septic system management plans; determine funding sources for creation of such plans, determine funding sources for a homeowners financial assistance program; develop the specific requirements of such a program; determine which agency or agencies and mechanisms are best able to manage and administer said funding; draft legislation which would incorporate the findings and recommendations of the commission and a plan of implementation of the findings and recommendations of the commission; and report in writing to the general assembly on January 3, 1997 on the findings and recommendations of the commission with proposed legislation, and shall expire February 3, 1997.
History of Section.
P.L. 1996, ch. 182, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-12.11 - Uniform Septage Disposal Fee › Section 46-12.11-1. - Legislative findings.

§ 46-12.11-1. Legislative findings.
The general assembly hereby finds and declares as follows:
(1)
The bays, rivers, and associated watersheds of Rhode Island are unique and unparalleled natural resources that provide significant cultural, ecological, and economic benefit to the state, and it is in the best interest of the state and its citizens to preserve, protect, and restore our bays, rivers, and associated watersheds.
(2)
The formation of the Rhode Island Bays, Rivers, and Watersheds Coordination Team, pursuant to chapter 46-31 of the general laws, provides for the coordination of the functions, programs, and regulations that affect the bays, rivers, and watersheds and serves as the most effective way to transcend the limited responsibilities and jurisdictions of each agency, to address complex issues using an ecosystem-based approach, and to provide for continuity over time.
(3)
Discharges of wastewater from wastewater treatment facilities, despite the fact that these discharges are carefully regulated and monitored, are known sources of pollution that affect the water quality of the bays, rivers, and associated watersheds of Rhode Island.
(4)
Wastewater treatment facilities collect wastewater both from users of sewer systems, who pay fees for the utilization of the systems, and from septage transporters, who collect septage from users of onsite sewage disposal systems.
(5)
All persons or entities generating pollutants that affect Rhode Island’s bays, rivers and watersheds, including those who utilize onsite sewage disposal systems, should be required to contribute to the costs of providing effective pollution control, mitigating environmental degradation of ecosystems, restoring impaired ecosystems, and monitoring the environment to characterize the impacts of the pollutant loadings, including changes that may occur as the level of treatment is improved.
History of Section.
P.L. 2007, ch. 73, art. 30, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-12.11 - Uniform Septage Disposal Fee › Section 46-12.11-2. - Definitions.

§ 46-12.11-2. Definitions.
As used in this chapter, unless the context shall clearly indicate otherwise:
(1)
“Director” shall mean the director of the department of environmental management.
(2)
“Disposal facility” shall mean any wastewater treatment facility, or portion thereof, or any other facility that receives septage from septage transporters, pursuant to authorization by the department of environmental management.
(3)
“Disposal facility operator” shall mean the person responsible for operating the disposal facility, who has authority to charge fees for the receipt of septage.
(4)
“Person” shall mean 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.
(5)
“Septage” shall mean any solid, liquid or semi-solid removed from a septic tank, cesspool, privy, domestic or other wastewater holding tank, or similar onsite sewage disposal system.
(6)
“Septage transporter” shall mean any person lawfully authorized to transport septage.
History of Section.
P.L. 2007, ch. 73, art. 30, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-12.11 - Uniform Septage Disposal Fee › Section 46-12.11-3. - Uniform septage disposal fee created.

§ 46-12.11-3. Uniform septage disposal fee created.
There is hereby created and established a uniform septage disposal fee.
History of Section.
P.L. 2007, ch. 73, art. 30, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-12.11 - Uniform Septage Disposal Fee › Section 46-12.11-4. - Assessment, collection, and deposit of fee.

§ 46-12.11-4. Assessment, collection, and deposit of fee.
(a)
Effective July 1, 2007, a uniform septage disposal fee in the amount of one dollar ($1.00) per every hundred gallons of septage, as defined by the director pursuant to subsection (d) of this section, shall be imposed on the disposal of septage at all disposal facilities in the state.
(b)
The fee shall be assessed by the disposal facility operator based on the volume of septage delivered by the septage transporter. The septage transporter shall be liable for the fee until it has been paid to the state, except that payment to the applicable disposal facility is sufficient to relieve the septage transporter from further liability for the fee.
(c)
The fees collected by the disposal facility operator shall be remitted four times per year to the state on a schedule prescribed by the director in regulation. All fees collected pursuant to this chapter shall be deposited in the Bays, Rivers & Watersheds Fund, established pursuant to § 46-31-12.1 of the general laws, and shall be dispersed according to the purposes of that fund.
(d)
The director may adopt all necessary rules and regulations necessary for the administration and enforcement of this chapter, including but not limited to, defining the types of septage, e.g., residential, commercial, and industrial that are subject to the fee.
History of Section.
P.L. 2007, ch. 73, art. 30, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-13 - Public Drinking Water Supply › Section 46-13-1. - Purpose of chapter.

§ 46-13-1. Purpose of chapter.
The purpose of this chapter is to aid in assuring the public is provided with safe and potable drinking water.
History of Section.
P.L. 1956, ch. 3799, § 1; G.L. 1956, § 46-13-1; P.L. 1977, ch. 158, § 1; P.L. 1980, ch. 14, § 2.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-13 - Public Drinking Water Supply › Section 46-13-2. - Definitions.

§ 46-13-2. Definitions.
For the purpose of this chapter, the following definitions shall apply:
(1) “Director”
means the director of the department of health or a subordinate to whom the director has assigned his or her functions.
(2) “Person”
means and includes an individual, partnership, association, or corporation, or any town or city or any agency thereof, or the state or any agency thereof, or any other legal entity.
(3) “Public water supply system”
means a system for the provision to the public of water for human consumption through pipes or other constructed conveyances, if the system has at least fifteen (15) service connections or regularly serves at least twenty-five (25) individuals daily at least sixty (60) days out of the year;
(i)
Any collection, treatment, storage and distribution facilities under control of the operator of the system used primarily in connection with the system; and
(ii)
Any collection or pretreatment storage facilities not under the control of the operator which are used primarily in connection with the system.
(4) “Safe and potable”
means suitable or fit for human consumption as drinking water.
History of Section.
P.L. 1956, ch. 3799, § 2; G.L. 1956, § 46-13-2; P.L. 1977, ch. 158, § 1; P.L. 1980, ch. 14, § 2; P.L. 1999, ch. 180, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-13 - Public Drinking Water Supply › Section 46-13-2.1. - Approval required.

§ 46-13-2.1. Approval required.
(a)
No person shall operate or maintain a public water supply system unless the system is approved by the director of health. Applications for approval shall be made to the director on forms provided for this purpose.
(b)
Upon receipt of an application, the director shall review the application, supporting documents, and conduct an inspection of the public water supply system to determine if it meets the requirements for approval set forth in this chapter and the regulations adopted hereunder. If, after review, the director determines that the public water supply system complies with the requirements of this chapter and the regulations adopted hereunder, approval of the application to operate or maintain a public water supply system shall be granted.
(c)
An approval, unless sooner suspended or revoked, shall expire on the 30th day of June following its issuance and may be reviewed from year to year. Each approval shall be issued only for the public water supply system and persons named on the application, and shall not be transferable or assignable.
(d)
The initial fee for any approval and the approval renewal fee shall be established by the director by regulation. The fees, as established by the director, shall be related to the costs incurred in operating the program and may include administrative, personnel, equipment, laboratory services and such other related costs necessary to carry out the provisions of this section of the law. All fees collected under this section shall be deposited as general revenues.
History of Section.
P.L. 1990, ch. 220, § 2; P.L. 1992, ch. 133, art. 36, § 1; P.L. 1995, ch. 370, art. 40, § 158; P.L. 2007, ch. 340, § 46.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-13 - Public Drinking Water Supply › Section 46-13-2.2. - Denial, suspension, or revocation of approval.

§ 46-13-2.2. Denial, suspension, or revocation of approval.
The director, after notice and opportunity for a hearing, is authorized to deny, suspend, or revoke any application submitted or approval granted under this chapter in any case in which the director finds that there has been a failure to comply with the provisions of this chapter and the regulations adopted hereunder. All the hearings and appeals shall be conducted in accordance with the provisions of chapter 35 of title 42, the Administrative Procedures Act.
History of Section.
P.L. 1990, ch. 220, § 2.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-13 - Public Drinking Water Supply › Section 46-13-3. - Determination of safety of water supply.

§ 46-13-3. Determination of safety of water supply.
(a)
The director is hereby authorized to determine by means of laboratory tests, field tests, sanitary surveys, investigations of purification works, examinations of the distribution systems, or by other means, whether water supplied through a public water supply system is safe and potable for human consumption.
(b)
The director is further authorized to enter, at all reasonable times, in or upon any private or public property for the purpose of carrying out the provisions of this chapter or making an inspection or investigation of a condition which the director believes may be hazardous to the health of the consumers served by any public water supply system or in violation of the regulations or orders promulgated under this statute.
(c)
The director is further authorized to charge fees to support the collection and analysis of samples that are required to meet the minimum monitoring requirements for public drinking water supplies. The fees shall be established by regulation and shall be related to the costs incurred in operating the monitoring program, and may include administrative, personnel, equipment, and other related costs necessary to carry out the provisions of this subsection.
History of Section.
P.L. 1956, ch. 3799, § 4; G.L. 1956, § 46-13-3; P.L. 1977, ch. 252, § 1; P.L. 1980, ch. 14, § 2; P.L. 1990, ch. 65, art. 47, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-13 - Public Drinking Water Supply › Section 46-13-4. - Approval of new water sources and treatment works required.

§ 46-13-4. Approval of new water sources and treatment works required.
No source of water shall hereafter be developed for a public water supply system until a site plan has been approved by the director, and no public water supply system shall hereafter be constructed or substantially altered until the plans and specifications for the system have been approved by the director. Plans and specifications submitted shall be prepared by an engineer registered in the state of Rhode Island.
History of Section.
P.L. 1956, ch. 3799, § 5; G.L. 1956, § 46-13-4; P.L. 1977, ch. 158, § 1; P.L. 1980, ch. 14, § 2.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-13 - Public Drinking Water Supply › Section 46-13-5. - Disinfection and water analyses.

§ 46-13-5. Disinfection and water analyses.
All newly constructed public water supply systems, or additions to existing systems, shall be flushed and adequately disinfected, and the water analyzed in accordance with the requirements of the director before being placed in service.
History of Section.
P.L. 1956, ch. 3799, § 6; G.L. 1956, § 46-13-5; P.L. 1977, ch. 158, § 1; P.L. 1980, ch. 14, § 2.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-13 - Public Drinking Water Supply › Section 46-13-6. - Connections between distribution systems.

§ 46-13-6. Connections between distribution systems.
No person shall maintain a physical connection joining a public water supply system with any other water supply system, unless that connection is approved by the director.
History of Section.
P.L. 1956, ch. 3799, § 7; G.L. 1956, § 46-13-6; P.L. 1962, ch. 239, § 1; P.L. 1964, ch. 106, § 1; P.L. 1977, ch. 158, § 1; P.L. 1980, ch. 14, § 2.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-13 - Public Drinking Water Supply › Section 46-13-7. - Tanks connected to unsafe supplies.

§ 46-13-7. Tanks connected to unsafe supplies.
Any person who maintains a public water supply system connection to a tank which is also supplied with water from a water supply system found by the director to be unsafe, shall maintain the tank open to atmospheric pressure, and the public water supply pipe shall terminate at least two (2) pipe diameters above the maximum level of water in the tank. The tank overflow shall be of adequate size to fix definitely the maximum level.
History of Section.
P.L. 1956, ch. 3799, § 8; G.L. 1956, § 46-13-7; P.L. 1977, ch. 158, § 1; P.L. 1980, ch. 14, § 2.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-13 - Public Drinking Water Supply › Section 46-13-8. - Avoidance of contamination in tanks.

§ 46-13-8. Avoidance of contamination in tanks.
Any person who is furnished water from a public water supply system, and maintains a tank supplied only by that water, shall have the tank constructed and maintained to prevent contaminants from gaining access to the tank interior.
History of Section.
P.L. 1956, ch. 3799, § 9; G.L. 1956, § 46-13-8; P.L. 1977, ch. 158, § 1; P.L. 1980, ch. 14, § 2.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-13 - Public Drinking Water Supply › Section 46-13-9. - Assurance of safety in public supply.

§ 46-13-9. Assurance of safety in public supply.
Any person maintaining a public water supply system shall direct the operation and maintenance of the water supply facilities so that the water furnished to the public shall be safe and potable.
History of Section.
P.L. 1956, ch. 3799, § 11; G.L. 1956, § 46-13-9; P.L. 1977, ch. 158, § 1; P.L. 1980, ch. 14, § 2.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-13 - Public Drinking Water Supply › Section 46-13-9.1. - Test results — Reports to the director.

§ 46-13-9.1. Test results — Reports to the director.
(a)
Any water supply sampling, monitoring, testing result or laboratory analysis undertaken by or for a public water supply system to determine whether drinking water is safe and potable, which indicates that drinking water may not be safe and potable, shall be reported concurrently to the public water supply system and to the director.
(b)
It is the responsibility of all suppliers of public drinking water to protect the potable water system from contamination or pollution and to report any sampling, monitoring, testing result or laboratory analysis indicating contamination or pollution to the director, in accordance with rules promulgated by the director.
History of Section.
P.L. 2005, ch. 71, § 1; P.L. 2005, ch. 83, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-13 - Public Drinking Water Supply › Section 46-13-10. - Correction of unsafe conditions.

§ 46-13-10. Correction of unsafe conditions.
When the water from a public water supply system is not safe, potable, or is subject to contamination as determined by the director, the person maintaining the public water supply system shall take immediate action to correct sanitary defects, improve operation, provide necessary water treatment, or make any other changes or additions necessary to provide safe and potable water.
History of Section.
P.L. 1956, ch. 3799, § 12; G.L. 1956, § 46-13-10; P.L. 1977, ch. 158, § 1; P.L. 1977, ch. 252, § 1; P.L. 1980, ch. 14, § 2.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-13 - Public Drinking Water Supply › Section 46-13-11. - Reports as to public supplies.

§ 46-13-11. Reports as to public supplies.
Any person maintaining a public water supply system shall submit or cause to be submitted by operating personnel such reports of operation pertaining to the sanitary quality, treatment, and output as may be requested by the director. The operation reports shall be submitted within fifteen (15) days after demand therefor by the director, and shall be accurate and as complete as requested by the director. Copies of all reports, as well as the analyses of the reports by the director, shall be supplied to the cities and towns serviced by the supplier upon request.
History of Section.
P.L. 1956, ch. 3799, § 10; G.L. 1956, § 46-13-11; P.L. 1977, ch. 158, § 1; P.L. 1977, ch. 252, § 1; P.L. 1980, ch. 14, § 2.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-13 - Public Drinking Water Supply › Section 46-13-12. - Hearing on unsafe conditions — Order to correct deficiencies.

§ 46-13-12. Hearing on unsafe conditions — Order to correct deficiencies.
Whenever investigations indicate that the water from a public water supply system is not safe, potable, or is subject to contamination and, in the opinion of the director, the health of the water consumers is or may become endangered, the director may call the person maintaining the system to a hearing at a time and place designated by the director. The notice of the hearing shall be served in person or by registered mail upon the person giving the time, place, and reason for the hearing; and in the case of a municipality or a corporation, the service shall be upon an officer thereof. At the hearing, the person maintaining the water supply system shall be given an opportunity to show cause why sanitary defects should not be corrected or operation of the water supply system improved in order to make the water safe and potable; and, if in the opinion of the director cause is not shown, the director shall order in writing any such corrections, changes, or additions to be made as may be necessary to provide safe and potable water, directing that within a specified time thereafter, corrections, changes, or additions shall be provided. The authority of the director, as set forth herein, shall be in addition to the authority of the director as set forth in §§ 46-13-2.2, 46-13-15, and 46-13-16, and any other provision of law.
History of Section.
P.L. 1956, ch. 3799, § 13; G.L. 1956, § 46-13-12; P.L. 1977, ch. 158, § 1; P.L. 1977, ch. 252, § 1; P.L. 1980, ch. 14, § 2; P.L. 1990, ch. 220, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-13 - Public Drinking Water Supply › Section 46-13-13. - Complaints.

§ 46-13-13. Complaints.
The director shall proceed with a hearing pursuant to § 46-13-12 whenever a written complaint made against any public drinking water supplier shall be substantiated by investigation. Any proceedings, pursuant to § 46-13-12, resulting from the complaint shall be held at a public location.
History of Section.
P.L. 1980, ch. 14, § 2; P.L. 1990, ch. 220, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-13 - Public Drinking Water Supply › Section 46-13-14. - Delegation of functions.

§ 46-13-14. Delegation of functions.
The director is hereby empowered to assign all his or her functions authorized by this chapter to such subordinate or subordinates as the director deems advisable.
History of Section.
P.L. 1980, ch. 14, § 2.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-13 - Public Drinking Water Supply › Section 46-13-15. - Public nuisances.

§ 46-13-15. Public nuisances.
(a)
Any violation of any provision of this chapter, any rule or regulation promulgated pursuant to this chapter, or any term or condition of any permit, shall constitute a public nuisance. Any person or municipality committing a violation shall be liable for the costs of abatement of any pollution and any public nuisance caused by the violation. The superior court is hereby given jurisdiction over actions to recover the costs of abatement.
(b)
Any activity or condition declared by this chapter to be a nuisance or which is otherwise in violation of this chapter, shall be abatable in the manner provided by law or equity for the abatement of public nuisances. In addition, the director may proceed in equity to abate nuisances or to restrain or prevent any violation of this chapter.
History of Section.
P.L. 1986, ch. 348, § 3.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-13 - Public Drinking Water Supply › Section 46-13-17. - Civil liability unimpaired.

§ 46-13-17. Civil liability unimpaired.
Compliance with requirements of this chapter shall in no way release the owners or official custodians of a public water supply system from any liability for damage to person or property caused by or resulting from the installation, operation, or maintenance of a public water supply system.
History of Section.
P.L. 1956, ch. 3799, § 15; G.L. 1956, § 46-13-16; P.L. 1977, ch. 158, § 1; P.L. 1980, ch. 14, § 2.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-13 - Public Drinking Water Supply › Section 46-13-18. - Adoption of regulations.

§ 46-13-18. Adoption of regulations.
(a)
The director is hereby authorized to adopt regulations consistent with the provisions of this chapter, the federal Safe Drinking Water Act, 42 U.S.C. § 300f et seq., and the federal regulations adopted under that act. All new and existing public water supply systems subject to the provisions of this chapter must comply with the provisions of this chapter and with all the regulations adopted under this chapter in order to obtain and/or maintain approval by the director as a public water supply system. The director is further authorized to establish by regulation a schedule of fees for applications, approvals, and renewals required by this chapter.
(b)(1)
Any community water system serving a population of ten thousand (10,000) or more shall directly deliver a full copy of the consumer confidence report, which is required by the U.S. Environmental Protection Agency under the federal Safe Drinking Water Act, 42 U.S.C. § 300f et seq., to each household within the water system’s service area that receives water from that system. The method of delivery shall be determined by the water system, but can include delivery via either:
(i)
Postal patron mailing;
(ii)
A community newsletter that is directly delivered to each household;
(iii)
A community calendar that is directly delivered to each household; or
(iv)
Any other method that will directly reach each household within the water system’s service area that receives water from that system.
(2)
In the event that within the service area there are buildings with five (5) or more residential units, the system will not be required to deliver directly to each of these units. Instead, the water system shall mail multiple copies of the report to the building manager or other appropriate individual, noting that the reports should be distributed to residents and/or posted in a common area. Additionally, colleges and universities will be exempted from this requirement but are still responsible for meeting all federal requirements.
(3)
The department of health shall serve as the repository for all consumer confidence reports and shall direct inquiries for copies of the report to the appropriate water system in order to obtain a copy of the report.
History of Section.
P.L. 1977, ch. 158, § 2; § 46-13-17; P.L. 1980, ch. 14, § 2; P.L. 1990, ch. 220, § 1; P.L. 2000, ch. 247, § 1; P.L. 2007, ch. 340, § 46.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-13 - Public Drinking Water Supply › Section 46-13-19. - Variances and exemptions.

§ 46-13-19. Variances and exemptions.
The director may authorize variances or exemptions from the regulations adopted pursuant to this chapter under conditions and in such manner as he or she deems necessary and desirable; provided, however, that the variances or exemptions are permitted under conditions and in a manner which is not less stringent than the conditions under, and the manner in which, variances and exemptions may be granted under the federal Safe Drinking Water Act, P.L. 93-523, and any amendments thereto, 42 U.S.C. § 300f et seq.
History of Section.
P.L. 1977, ch. 158, § 2; G.L. 1956, § 46-13-18; P.L. 1980, ch. 14, § 2.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-13 - Public Drinking Water Supply › Section 46-13-20. - Exclusion.

§ 46-13-20. Exclusion.
The provisions of §§ 45-13-7 — 45-13-10 shall not apply to this chapter or the regulations adopted hereunder.
History of Section.
P.L. 1990, ch. 220, § 2.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-13 - Public Drinking Water Supply › Section 46-13-21. - Advisory council.

§ 46-13-21. Advisory council.
(a)
There is hereby created an advisory council, to be known as the public drinking water supply advisory council, and whose purpose it shall be to advise the director and public drinking water suppliers concerning fees and the implementation of the provisions of this chapter.
(b)
The council shall be composed of seven (7) members.
(1)
Two (2) members shall be members of the house of representatives appointed by the speaker, not more than one from the same political party;
(2)
One member of the senate appointed by the president of the senate;
(3)
one member to be the director, or his or her designee;
(4)
One officer of a community public drinking water supplier appointed by the governor;
(5)
One officer of a nontransient noncommunity public water supplier appointed by the governor; and
(6)
One member of the general public, to be appointed by the governor.
(c)
The legislative members of the council shall serve for a term of two (2) years. Each member may be reappointed for two (2) additional terms.
(d)
The member of the general public, appointed by the governor, shall be appointed for a term of three (3) years and may be reappointed for one additional term.
(e)
The members, appointed by the governor, who are officers of a public drinking water supplier, shall be appointed for a one year term, and may be reappointed for three (3) additional terms.
(f)
The director, or his or her designee, shall serve upon the council without removal.
(g)
On the third Monday in July after the enactment of this chapter, the members of the council shall meet at the call of the speaker of the house and organize. The speaker shall appoint a chairperson from among the legislative members. The vice chairperson shall be elected by the membership of the council.
History of Section.
P.L. 1992, ch. 133, art. 36, § 2; P.L. 2001, ch. 180, § 152; P.L. 2007, ch. 340, § 46.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-13 - Public Drinking Water Supply › Section 46-13-22. - Cross-connection control.

§ 46-13-22. Cross-connection control.
(a)
The director is hereby authorized to adopt consistent statewide regulations governing the content of cross-connection control plans and to require that all community public water systems and all non-transient, non-community public water systems prepare a cross-connection control plan. The purpose of these plans shall be to protect the public water system distribution and transmission infrastructure from contamination through cross-connections. All community public water systems and all non-transient, non-community public water systems shall certify to the director that said plan complies with the regulations in accordance with the following schedule:
(1)
Community and non-transient, non-community public water systems serving more than five hundred (500) people shall submit certification of compliance no later than June 30, 2011, and implement said plan immediately thereafter.
(2)
Community and non-transient, non-community public water systems serving five hundred (500) people or fewer shall submit certification of compliance no later than June 30, 2012, and implement said plan immediately thereafter.
(b)
The regulations governing cross-connection control plans adopted by the director shall at a minimum include: the installation of cross-connection control valves at all newly constructed service connections prior to the provision of water service; the installation of cross connection control valves at all commercial and industrial service connections. The installation of cross-connection control devices shall not be made a mandatory condition of a transfer of a residential property that exists as of the effective date of this act [June 27, 2007].
(c)
Public water supply systems shall be authorized to terminate water service to any customer who fails to install the appropriate cross-connection control device upon due notice.
(d)
The cross-connection control devices required to be installed shall be models approved by the Foundation for Cross-Connection Control and Hydraulic Research of the University of Southern California (FCCCHR, USC), the American Water Works Association (AWWA), and/or the American Society of Sanitary Engineers (ASSE).
(e)
The director may also adopt and enforce standards including the establishment of fees for certification of persons engaged in cross-connection surveying or backflow prevention, assembly training, repair and maintenance testing.
(f)
Any regulations and/or standards promulgated, amended and/or administered pursuant to the provisions of this section shall conform to the requirements of chapter 35 of title 42 (“The Administrative Procedures Act.”)
History of Section.
P.L. 2007, ch. 127, § 1; P.L. 2007, ch. 208, § 1; P.L. 2010, ch. 129, § 1; P.L. 2010, ch. 138, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-13.1 - Groundwater Protection › Section 46-13.1-1. - Short title.

§ 46-13.1-1. Short title.
This chapter shall be known and may be cited as the “Rhode Island Groundwater Protection Act of 1985”.
History of Section.
P.L. 1985, ch. 494, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-13.1 - Groundwater Protection › Section 46-13.1-2. - Legislative findings.

§ 46-13.1-2. Legislative findings.
The general assembly hereby recognizes and declares that:
(1)
Water is vital to life and comprises an invaluable natural resource which is not to be abused by any segment of the state’s population or its economy. It is the policy of this state to restore, enhance, and maintain the chemical, physical, and biological integrity of its waters, to protect public health, to safeguard fish and aquatic life and scenic and ecological values, and to enhance the domestic, municipal, recreational, industrial, and other uses of water;
(2)
The groundwaters of this state are a critical renewable resource which must be protected to insure the availability of safe and potable drinking water for present and future needs;
(3)
It is a paramount policy of the state to protect the purity of present and future drinking water supplies by protecting aquifers, recharge areas, and watersheds;
(4)
It is the policy of the state to restore and maintain the quality of groundwater to a quality consistent with its use for drinking supplies and other designated beneficial uses without treatment as feasible. All groundwaters of the state shall be restored to the extent practicable to a quality consistent with this policy;
(5)
It is the policy of the state not to permit the introduction of pollutants into the groundwaters of the state in concentrations which are known to be toxic, carcinogenic, mutagenic, or teratogenic. To the maximum extent practical, efforts shall be made to require the removal of those pollutants from discharges where such discharges are shown to have already occurred;
(6)
Existing and potential sources of groundwater shall be maintained and protected. Where existing quality is inadequate to support certain uses, the quality shall be upgraded, if feasible, to protect the present and potential uses of the resource;
(7)
The groundwaters of the state are to be protected for use as agricultural, industrial, and potable water supplies, and other reasonable uses, and as a supplement to surface waters for recreation, wildlife, fish and other aquatic life, agriculture, industry, and potable water supply;
(8)
Discharges to groundwater which subsequently discharge into surface waters and which would cause a contravention of surface water quality or standards shall not be permitted.
(9)
No degradation of the state’s groundwaters shall be permitted unless the state chooses to allow lower water quality as a result of the essential, desirable, and justifiable economic, commercial, industrial, or social development.
History of Section.
P.L. 1985, ch. 494, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-13.1 - Groundwater Protection › Section 46-13.1-5. - Groundwater protection study.

§ 46-13.1-5. Groundwater protection study.
(a)
The department of environmental management is hereby authorized to conduct a statewide groundwater protection study to include:
(1)
A complete and updated hydrogeologic study depicting the quantities and qualities of groundwater that could be available to specific areas for private or public drinking water;
(2)
Present and projected demands for water for specific areas;
(3)
Recommendations for the utilization of the state’s groundwater resources, including integrated use with surface waters, for their greatest benefits;
(4)
Recommendations for such major engineering works or special districts which may be necessary, including the need, timing, and general cost thereof;
(5)
Recommendations for land use and other measures where appropriate. Pursuant to groundwater classifications as specified in § 46-13.1-4, to insure the desired quality and abundance of water;
(6)
Consideration of the land and water resource needs of residential, recreational, agricultural, industrial, and commercial interests; and
(7)
Recommendations for regional and local planning and programs for water use and management of land resources interfacing with groundwater resources.
(b)
The director shall report the findings and recommendations of the groundwater protection study to the general assembly on or before February 28, 1988.
(c)
The department of environmental management is hereby directed to make recommendations to identify the physical location of significant aquifers and the identification of any actual or potential harms to those aquifers, and the development of a plan to protect the aquifers from the identifiable harms.
(d)
The director shall report the findings and recommendations of this portion of the groundwater protection study to the general assembly on or before February 28, 1987.
History of Section.
P.L. 1985, ch. 494, § 1; P.L. 1986, ch. 298, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-13.1 - Groundwater Protection › Section 46-13.1-6. - Severability.

§ 46-13.1-6. Severability.
If the provisions of this chapter or the application thereof to any person or circumstances is held invalid, any invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of the chapter are declared to be severable.
History of Section.
P.L. 1985, ch. 494, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-13.1 - Groundwater Protection › Section 46-13.1-8. - Administration.

§ 46-13.1-8. Administration.
It shall be the duty of the director to administer this chapter in accordance with the specific findings, powers, and authority granted herein and in accordance with the full powers and authority of the director as provided in chapters 17.1 of title 42 and 12 of this title.
History of Section.
P.L. 1988, ch. 632, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-13.1 - Groundwater Protection › Section 46-13.1-9. - Wellhead protection.

§ 46-13.1-9. Wellhead protection.
(a)
The director is hereby authorized to promulgate rules and regulations for the implementation of a wellhead protection program for public water supply wells that has received approval from the federal Environmental Protection Agency pursuant to § 1428 of the Federal Safe Drinking Water Act, 42 U.S.C. § 300h-7, and provided that the state shall be responsible for fulfilling program requirements with respect to the state lands located within wellhead protection areas designated as supplying public wells which are owned by the state. The wellhead protection program shall include, but not be limited to:
(1)
Identification of the rules and responsibilities of state agencies, local governments, and the suppliers of public water in the development and implementation of the state wellhead protection program;
(2)
Identification within each wellhead protection area of potential sources of contaminants that may have an adverse effect on the public health and the environment;
(3)
Management approaches at different levels of government and by the supplier to protect the groundwater within each wellhead protection area;
(4)
Contingency plans for the response to well or wellfield contamination and for the provision of alternate drinking water supplies;
(5)
A process of managing potential sources of contamination within the expected wellhead protection area of new public water supply wells;
(6)
Delineation of wellhead protection areas.
(b)
The director is authorized to require by regulation that municipalities and suppliers carry out action to implement subdivisions (3) through (5) in subsection (a) of this section. In the case of agricultural operations as defined in § 2-23-4, the director will retain authority and responsibility for regulating, managing, and implementing approaches in wellhead protection areas.
History of Section.
P.L. 1990, ch. 320, § 6; P.L. 1995, ch. 149, § 2.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-13.2 - Drilling of Drinking Water Wells › Section 46-13.2-1. - Definitions.

§ 46-13.2-1. Definitions.
For the purpose of this chapter:
(1)
“Building official” means the local building official authorized in accordance with § 23-27.3-107 or the state building code commissioner authorized in accordance with § 23-27.3-108.2, as applicable;
(2)
“Board” means the Rhode Island contractors’ registration and licensing board;
(3)
“Person” means an individual, partnership, corporation, association, or organization, or any combination thereof;
(4)
“Well” means an artificial sanitary excavation or opening in the ground, by which groundwater can be obtained or through which it flows under natural pressure or is artificially withdrawn; and for the purposes of this chapter, excepting § 46-13.2-3(c), attached as an appurtenance to a building or structure.
(5)
“Well drilling contractor” means a person who engages in well drilling, including the installation pumps as provided herein;
(6)
“Well drilling” means and includes the industry, procedure and all operations engaged in by any person, full-time or part-time, for compensation or otherwise, to obtain water from a well or wells by drilling, or other methods, for any purpose or use.
(7)
“Appurtenance” means and includes the installation, alteration or repair of wells connected to a structure.
History of Section.
P.L. 1987, ch. 257, § 2; P.L. 2012, ch. 241, art. 17, § 2.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-13.2 - Drilling of Drinking Water Wells › Section 46-13.2-2. - Purpose.

§ 46-13.2-2. Purpose.
The purpose of this act is to promote public health and welfare and protect the environment by providing specifying standards for the installation of a well and providing a mechanism to ensure that all well drilling contractors conducting business in the state of Rhode Island have the requisite skills, training and experience necessary to safely and adequately install water wells within this state.
History of Section.
P.L. 2012, ch. 241, art. 17, § 2.