reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-19.14 - Industrial Property Remediation and Reuse Act › Section 23-19.14-5.2. - Entry of registered professional engineers onto certain property.

§ 23-19.14-5.2. Entry of registered professional engineers onto certain property.
Any registered professional engineer who is employed, retained and/or otherwise acting on behalf of a municipality of this state may enter, examine or survey, at any reasonable time, such places and real property which is either owned by a municipality or real property in which the municipality has a legal interest arising from a real property tax lien, on which property owner has made no payments for a period of at least two (2) years, for the purpose of performing an environmental site assessment or investigation. An environmental site assessment or investigation under this section shall be conducted in accordance with and shall be subject to the same guidelines and limitations provided for an administrative inspection or, where appropriate, a criminal investigation, pursuant to the provisions of § 42-17.1-2(20).
History of Section.
P.L. 2004, ch. 553, § 2; P.L. 2008, ch. 475, § 60.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-19.14 - Industrial Property Remediation and Reuse Act › Section 23-19.14-6. - Liability for releases of hazardous materials.

§ 23-19.14-6. Liability for releases of hazardous materials.
(a)
Notwithstanding any other provision or rule of law, and subject only to the defenses presented in § 23-19.14-7, the state reaffirms the applicable provisions of 19.1 of this title, § 42-17.1-2, chapter 12 and chapter 13.1 of title 46 and defines the following parties as responsible parties which are strictly, jointly and severally liable for the actual or threatened release of any hazardous material at a site:
(1)
The owner or operator of the site;
(2)
Any person who at the time of disposal of any hazardous material owned or operated the site;
(3)
Any person who by contract, agreement, or otherwise arranged for disposal or treatment, or arranged with a transporter for transport for disposal or treatment of hazardous materials owned or possessed by that person, at any site owned or operated by another party or entity and containing hazardous materials; and
(4)
Any person who accepts or accepted any hazardous materials for transport to disposal or treatment facilities or sites selected by that person, from which there is a release or a threatened release of a hazardous material which causes the incurrence of response costs.
(b)
Responsible parties as defined in this section shall be liable for:
(1)
All removal or remedial actions necessary to rectify the effects of a release of hazardous material so that it does not cause a substantial danger to present or future public health or welfare or the environment;
(2)
All costs of removal or remedial action incurred by the state including direct costs, indirect costs and the costs of overseeing response actions conducted by private parties;
(3)
Any other necessary costs of removal or remedial action incurred by any other person; and
(4)
Damages for injury to, destruction of, or loss of natural resources, including the reasonable costs of assessing the injury, destruction, or loss resulting from a release of hazardous material.
History of Section.
P.L. 1995, ch. 187, § 1; P.L. 1997, ch. 41, § 1; P.L. 1997, ch. 60, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-19.14 - Industrial Property Remediation and Reuse Act › Section 23-19.14-6.1. - Liability for releases of petroleum.

§ 23-19.14-6.1. Liability for releases of petroleum.
Responsible parties for releases of petroleum are defined as all parties who are otherwise liable for an actual or threatened release of petroleum under any other applicable statute, rule, or common law. This section shall neither be construed as establishing new liabilities or obligations for parties responsible for releases of petroleum that do not otherwise exist under statute, rule, or common law, nor as diminishing any liabilities or obligations that may be established by those provisions. Accordingly, the obligations of the responsible parties for releases of petroleum shall be the same as those provided for under any other application, provisions or rules of law.
History of Section.
P.L. 1997, ch. 41, § 2; P.L. 1997, ch. 60, § 2.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-19.14 - Industrial Property Remediation and Reuse Act › Section 23-19.14-7.1. - Remedial agreements.

§ 23-19.14-7.1. Remedial agreements.
In addition to exemption from liability provided for in § 23-19.14-7, for sites on which a remedial decision letter has been issued, the state may enter into a remedial agreement that includes a covenant not to sue and contribution protection and that describes the agreed remedial actions and shall be assignable as therein provided. Whenever the state has entered into a remedial agreement under this section, the liability to the state under this chapter of each party to the agreement including any future liability to the state, arising from the release or threatened release that is the subject of the agreement shall be limited as provided in the agreement pursuant to a covenant not to sue. The final covenant not to sue may, at the discretion of the state, be transferred to successors or assigns that are not otherwise found to be a responsible party under § 23-19.14-6. The covenant not to sue may provide that future liability to the state of a person who is under the remedial agreement may be limited to the same proportion as that established in the original agreement. A remedial agreement shall be distinct from a letter of compliance, and the absence of a remedial agreement shall not affect or compromise exemption to liability provided for in § 23-19.14-7.
History of Section.
P.L. 2006, ch. 250, § 2; P.L. 2006, ch. 275, § 2; P.L. 2021, ch. 147, § 7, effective July 3, 2021; P.L. 2021, ch. 148, § 7, effective July 3, 2021.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-19.14 - Industrial Property Remediation and Reuse Act › Section 23-19.14-9. - Priority sites for economic development.

§ 23-19.14-9. Priority sites for economic development.
Upon application, the executive director of the Rhode Island economic development corporation may certify Brownfield sites as properties of critical economic concern, as defined by § 42-117-3(3). These properties of critical economic concern shall be entitled to the benefits of chapter 117 of title 42 including, but not limited to, expedited investigation of these properties, expedited design of appropriate remedial actions for these properties and, to the greatest extent possible, expedited implementation of remedial actions at these properties.
History of Section.
P.L. 1995, ch. 187, § 1; P.L. 2002, ch. 186, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-19.14 - Industrial Property Remediation and Reuse Act › Section 23-19.14-10. - Settlement authorities.

§ 23-19.14-10. Settlement authorities.
(a)
The state may, through June 30, 2007, enter into an agreement with any person to perform any response action if the state determines that that action will be done properly by the person. Whenever practicable and in the public interest as determined by the state, the state shall act to facilitate agreements under this section that are in the public interest and consistent with applicable laws and regulations in order to expedite effective remedial action and minimize litigation. The department of environmental management must be a party to any settlement agreement entered under the authority of the chapter. The department of environmental management shall not accept new proposals for settlement agreements after December 31, 2006; provided, however, that an amendment to a settlement agreement that was proposed prior to December 31, 2006, will not be considered a new settlement agreement.
(b)
Whenever the state has entered into an agreement under this section, the liability to the state under this chapter of each party to the agreement including any future liability to the state, arising from the release or threatened release that is the subject of the agreement shall be limited as provided in the agreement pursuant to a covenant not to sue. The final covenant not to sue may, at the discretion of the state, be transferred to successors or assigns that are not otherwise found to be a responsible party under § 23-19.14-6. The covenant not to sue may provide that future liability to the state of a settling party under the agreement may be limited to the same proportion as that established in the original settlement agreement.
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 23-19.14-11. - Filing and public comment on settlement agreements.

§ 23-19.14-11. Filing and public comment on settlement agreements.
(a)
The state shall provide, for settlement agreements that may be put into effect prior to July 1, 2007, an opportunity to persons who are not named as parties to the action to comment on the proposed agreement before its entry as a final judgment. Persons not named as parties to the action will have fourteen (14) days after the date of the notice of the proposed agreement to submit written comments. The state shall consider any written comments, views or allegations relating to the proposed agreement. The state may withdraw or withhold its consent to the proposed settlement if the comments, views, or allegations concerning the judgment disclose facts or considerations that indicate that the proposed judgment is inappropriate, improper or inadequate.
(b)
The proposed agreement shall be considered final when all substantive public comments have been addressed.
(c)
No later than thirty (30) days after a settlement agreement is deemed final, the agreement shall be filed with the administrative adjudication division of the department of environmental management and shall be deemed a final order of the director.
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 23-19.14-12. - Protection from contribution actions.

§ 23-19.14-12. Protection from contribution actions.
A party who is exempt from liability under §§ 23-19.14-7, 23-19.14-8 or 23-19.14-10 of this chapter shall not be liable for claims for contribution regarding matters addressed in the letter of compliance or the settlement agreement or the remedied agreement.
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 23-19.14-13. - Authority to recover costs.

§ 23-19.14-13. Authority to recover costs.
(a)
The head of any department or state agency with authority to undertake a response action under this chapter may consider, compromise, and settle a claim for costs incurred by their department or agency.
(b)
Cost recovery actions may include, upon recommendation by the economic development corporation, surrender of title to the site to the state to facilitate economic redevelopment and future beneficial re-use of the property.
(c)
If a responsible party fails to pay a claim that has been settled under this subsection, the department or agency head may request the attorney general to bring a civil action or may sue in his or her own name to recover the amount of a claim, plus costs, attorneys’ fees, and interest from the date of the settlement. In the action, the terms of the settlement shall not be subject to review.
History of Section.
P.L. 1995, ch. 187, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-19.14 - Industrial Property Remediation and Reuse Act › Section 23-19.14-14. - Windfall liens.

§ 23-19.14-14. Windfall liens.
(a)
At any site where there are unrecovered response cost and/or additional remedial actions required, the state may place a lien upon the site for the unrecovered costs or outstanding actions. The maximum amount of the windfall lien may not exceed the total of the unrecovered response costs incurred by the state plus interest calculated at the prime rate based on three (3) chartered financial institutions in Rhode Island at the time of the completion of construction of a remedial action. The liens:
(1)
Shall not exceed the increase in fair market value for the site attributable to the response action or redevelopment activities, at the time of subsequent sale or other disposition of the site; and
(2)
Shall continue until the satisfaction of the lien by recovery of all response costs incurred at the site and completion of construction of all outstanding remedial actions.
(b)
The lien shall continue until the liability for the costs (or a judgment against the person arising out of the liability) is satisfied, or becomes unenforceable through operation of the statute of limitations.
(c)
The state may, at its discretion, in lieu of the lien provided by this section, negotiate a stipulated judgment or other judicially enforceable consent decree and judgment for costs and damages for which any responsible party is liable to the state under this chapter.
History of Section.
P.L. 1995, ch. 187, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-19.14 - Industrial Property Remediation and Reuse Act › Section 23-19.14-15. - Notice and validity of liens.

§ 23-19.14-15. Notice and validity of liens.
(a)
Any lien imposed under the authority of this chapter shall be subject to the rights of any purchaser, holder of a security interest, or judgment lien creditor whose interest is perfected under applicable state law before notice of the lien has been filed in the appropriate office within the state or county or other governmental subdivision, as designated by any provision of law.
(b)
Any purchaser, holder of a security interest, or judgment lien creditor shall be afforded the same protection against the lien imposed by this subsection as is afforded under state law against a judgment lien which arises out of a secured obligation, and which arises as of the time of the filing of the notice of the lien imposed by this chapter.
History of Section.
P.L. 1995, ch. 187, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-19.14 - Industrial Property Remediation and Reuse Act › Section 23-19.14-16. - Penalties for noncompliance.

§ 23-19.14-16. Penalties for noncompliance.
(a)
Any responsible party who fails, without sufficient cause, to properly provide for removal or remedial action pursuant to a final order of the director of the department of environmental management may be liable to the state for punitive damages in an amount at least equal to, and not more than, three (3) times the amount of any costs incurred by the state as a result of the failure to take proper action, in addition to liability for any response costs incurred by the state as a result of the failure to take action. The state is authorized to commence a civil action against any person who fails to take proper action to recover the punitive damages, which shall be in addition to any costs recovered from that person.
(b)
Any money received by the state pursuant to this chapter shall be deposited in the environmental response fund established pursuant to chapter 19.1 of this title.
(c)(1)
In addition to being liable for punitive damages and response costs as set forth in subsection (a) above, any responsible party or person who fails to assess, to properly assess, to remediate, to properly remediate, to take any other action that may be required by the director pursuant to this chapter, or to comply with any provision of this chapter, or any rule, regulation or order issued pursuant to this chapter shall also be subject to a civil penalty of not more than twenty-five thousand dollars ($25,000). In a case of a continuing violation, each day’s continuance of the violation shall be a separate and distinct offense.
(2)
All penalties assessed pursuant to this subsection shall be assessed in accordance with chapter 17.6 of title 42 and the rules and regulations of the department for the assessment of administrative penalties.
History of Section.
P.L. 1995, ch. 187, § 1; P.L. 2009, ch. 64, § 1; P.L. 2009, ch. 66, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-19.14 - Industrial Property Remediation and Reuse Act › Section 23-19.14-17. - Subrogation of authorities.

§ 23-19.14-17. Subrogation of authorities.
Nothing in this chapter shall be construed to prevent the state from subrogating its authority to pursue cost recovery or assess punitive damages as part of a settlement action.
History of Section.
P.L. 1995, ch. 187, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-19.14 - Industrial Property Remediation and Reuse Act › Section 23-19.14-18. - Powers and duties of the director.

§ 23-19.14-18. Powers and duties of the director.
(a)
The director of the department of environmental management is authorized to exercise all powers, direct and incidental, necessary to carry out the purposes of this chapter. The director of the department of environmental management may adopt any plans, rules, regulations, fees, procedures, and standards that may be necessary to meet the declared policies and requirements of this chapter and receives all desired federal grants, aid, and other benefits.
(b)
Any rules or policies promulgated pursuant to this chapter shall, to the maximum extent practical, be compatible with the rules, regulations, procedures, and standards promulgated by the U.S. environmental protection agency pursuant to the comprehensive environmental response, compensation and liability act of 1980, 42 U.S.C. § 9601 et seq. (“CERCLA” or Superfund) or other applicable federal or state statutes.
(c)
The director may institute administrative or civil proceedings, or may request the attorney general to do the same, to enforce any provision of this chapter or any rule, regulation or order issued pursuant to this chapter.
History of Section.
P.L. 1995, ch. 187, § 1; P.L. 2009, ch. 64, § 1; P.L. 2009, ch. 66, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-19.14 - Industrial Property Remediation and Reuse Act › Section 23-19.14-19. - Liberal construction — Severability.

§ 23-19.14-19. Liberal construction — Severability.
The provisions of this chapter shall be construed liberally to effectuate its purposes. If any provision of this chapter or of any rule, regulation, or determination made under this chapter, or the application thereof to any person, agency, or circumstances, is held invalid by a court of competent jurisdiction, the remainder of the chapter, rule, regulation, or determination and the application of the provisions to other persons, agencies or circumstances shall not be affected thereby. 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. 1995, ch. 187, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-19.15 - The Rhode Island Cesspool Act of 2007 › Section 23-19.15-1. - Short title.

§ 23-19.15-1. Short title.
This chapter shall be known and may be cited as the “Rhode Island Cesspool Act of 2007.”
History of Section.
P.L. 2007, ch. 136, § 1; P.L. 2007, ch. 233, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-19.15 - The Rhode Island Cesspool Act of 2007 › Section 23-19.15-2. - Legislative findings.

§ 23-19.15-2. Legislative findings.
The general assembly hereby recognizes and declares that:
(1)
There exists a need to abate pollution and threats to public health caused by cesspools.
(2)
It is estimated that there are more than twenty-five thousand (25,000) cesspools within the state as of 2013.
(3)
Cesspools are a substandard and inadequate means of sewage disposal.
(4)
Cesspools contribute directly to groundwater and surface water contamination and environmental impacts will be exacerbated by increased precipitation, storm frequency, and sea level rise.
(5)
Wastewater disposed from cesspools contains bacteria, viruses, ammonium, and other pollutants, and may also include phosphates, chlorides, grease, and chemicals used to clean cesspools.
(6)
Wastewater disposed from cesspools violates drinking water health standards for certain contaminants.
(7)
Wastewater disposed from cesspools can pose significant health threats to people who come into contact with, or consume, contaminated surface waters or groundwaters.
(8)
Appropriate treatment of sewage disposed into the ground is essential to the protection of public health and the environment, particularly in relation to Narragansett Bay and the rest of the state’s coastal region, and public drinking water resources.
(9)
Replacement of cesspools with onsite wastewater treatment systems (OWTS) technology reduces risks to public health and the environment.
(10)
In sewered areas, sewer tie-ins offer a readily available, environmentally preferable means of mitigating problems and threats caused by cesspools.
(11)
A fund exists to assist homeowners with the costs of removing cesspools and inadequate septic systems and replacing them with an approved OWTS if the community in which the homeowner resides has created a wastewater management district in accordance with chapter 24.5 of title 45.
History of Section.
P.L. 2007, ch. 136, § 1; P.L. 2007, ch. 233, § 1; P.L. 2015, ch. 163, § 1; P.L. 2015, ch. 185, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-19.15 - The Rhode Island Cesspool Act of 2007 › Section 23-19.15-3. - Declaration of purpose.

§ 23-19.15-3. Declaration of purpose.
The purpose of this chapter is to phase out use of cesspools beginning with those located in close proximity to tidal water areas and public drinking water supplies. Additionally, this chapter provides for the connection of properties served by cesspools to available sewer lines and requires the identification and replacement of cesspools on all properties throughout the state that are subject to sale or transfer.
History of Section.
P.L. 2007, ch. 136, § 1; P.L. 2007, ch. 233, § 1; P.L. 2015, ch. 163, § 1; P.L. 2015, ch. 185, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-19.15 - The Rhode Island Cesspool Act of 2007 › Section 23-19.15-4. - Definitions.

§ 23-19.15-4. Definitions.
For the purposes of this chapter the following terms shall mean:
(1)
“Cesspool” means any buried chamber other than an onsite wastewater treatment system (OWTS), including, but not limited to, any metal tank, perforated concrete vault, or covered hollow or excavation, that receives discharges of sanitary sewage from a building for the purpose of collecting solids and discharging liquids to the surrounding soil.
(2)
“Department” means the department of environmental management as established in chapter 17.1 of title 42.
(3)
“Director” means the director of the department of environmental management or his or her designee.
(4)
“Failed cesspool” means a cesspool where one or more of the following conditions exist: (i) The cesspool fails to accept or dispose of sewage, as evidenced by sewage at the ground surface above or adjacent to the cesspool, or in the building served; (ii) The liquid depth in a cesspool is less than six (6) inches from the inlet pipe invert; (iii) Pumping is required more than two (2) times a year; (iv) The cesspool is shown to have contaminated a drinking water well or watercourse; or (v) There is shown to be direct contact between the bottom of the cesspool and the groundwater table.
(5)
“Onsite wastewater treatment system” or “OWTS” means any system of piping, tanks, disposal areas, alternative toilets, or other facilities designed to function as a unit to convey, store, treat, and/or dispose of sanitary sewage, by means other than discharge into a public sewer system. A cesspool is not an OWTS.
(6)
“System inspector” means a person who is registered as an inspector and capable of properly assessing the condition of an OWTS.
(7)
“Transfer” means a transfer of real property except between the following relationships:
(i)
Between current spouses;
(ii)
Between parents and their children;
(iii)
Between full siblings; or
(iv)
Where the grantor transfers the real property to be held in a revocable or irrevocable trust, where at least one of the designated beneficiaries is of the first degree of relationship to the grantor.
(8)
“Wastewater” means human or animal excremental liquid or substance, putrescible animal or vegetable garbage or filth, including, but not limited to, waste discharged from toilets, bath tubs, showers, laundry tubs, washing machines, sinks, and dishwashers.
History of Section.
P.L. 2007, ch. 136, § 1; P.L. 2007, ch. 233, § 1; P.L. 2015, ch. 163, § 1; P.L. 2015, ch. 185, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-19.15 - The Rhode Island Cesspool Act of 2007 › Section 23-19.15-5. - Inspection requirements for cesspools located in close proximity to tidal waters and public drinking supplies.

§ 23-19.15-5. Inspection requirements for cesspools located in close proximity to tidal waters and public drinking supplies.
(a)
Unless exempted under § 23-19.15-8(a), the owner of property served by a cesspool in the following areas shall cause an inspection to be performed on said cesspool by a system inspector in accordance with a schedule established by the department, but no later than January 1, 2012:
(1)
Which cesspool is within two hundred feet (200′) of the inland edge of a shoreline feature bordering a tidal water area [corresponding to the jurisdiction of the RI coastal resources management council];
(2)
Which cesspool is within two hundred feet (200′) of a public drinking water well; and
(3)
Which cesspool is within two hundred feet (200′) of a surface drinking water supply, specifically the impoundment from which water is drawn via the intake.
The inspection shall be conducted by a system inspector as defined herein and reported in accordance with procedures required by the department, and the results shall be recorded on forms prescribed by the department.
(b)
Pursuant to § 5-20.8-13, every contract for the purchase and sale of real estate that is, or may be, served by a private cesspool shall provide that potential purchasers be permitted a ten-day (10) period, unless the parties mutually agree upon a different period of time, to conduct an inspection of the property’s on-site sewage system in accordance with procedures required by the department in subsection (a) of this section before becoming obligated under the contract to purchase.
History of Section.
P.L. 2007, ch. 136, § 1; P.L. 2007, ch. 233, § 1; P.L. 2008, ch. 475, § 61; P.L. 2015, ch. 163, § 1; P.L. 2015, ch. 185, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-19.15 - The Rhode Island Cesspool Act of 2007 › Section 23-19.15-6. - Cesspool removal and replacement.

§ 23-19.15-6. Cesspool removal and replacement.
(a)
Any cesspool located in close proximity to tidal water areas and public drinking water supplies and required to be abandoned pursuant to this chapter shall be replaced with an approved OWTS, or the building served by the cesspool shall be connected to a public sewer, prior to the applicable deadlines contained in subsection (b) of this section.
(b)
Cesspools found to be located within the areas identified in § 23-19.15-5(a) shall cease to be used for sewage disposal and shall be properly abandoned in accordance with the following schedule:
(1) Tier 1.
Any cesspool deemed by the department or a system inspector to be failed in accordance with this chapter shall be properly abandoned within one year of discovery unless an immediate public health hazard is identified, in which case the director may require a shorter period of time.
(2) Tier 2.
Any cesspool located on a property that has a sewer stub enabling connection to a public sewer shall be properly abandoned, and the building served by the cesspool shall be connected into the sewer system of such premises with such sewer and fill up and destroy any cesspool, privy vault, drain, or other arrangement on such land for the reception of sewage, excluding any Rhode Island department of environmental management OWTS-approved system, prior to January 1, 2014.
(3) Tier 3.
Any cesspool within two hundred feet (200′) of a public drinking water well, or within two hundred feet (200′) of the inland edge of a shoreline feature bordering a tidal water area [corresponding to the jurisdiction of the RI Coastal Resources Management Council], or within two hundred feet (200) of a surface drinking water supply [specifically, the impoundment from which water is drawn via the intake], shall be properly abandoned by January 1, 2014.
History of Section.
P.L. 2007, ch. 136, § 1; P.L. 2007, ch. 233, § 1; P.L. 2011, ch. 285, § 1; P.L. 2011, ch. 380, § 1; P.L. 2015, ch. 163, § 1; P.L. 2015, ch. 185, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-19.15 - The Rhode Island Cesspool Act of 2007 › Section 23-19.15-7. - Waiver.

§ 23-19.15-7. Waiver.
The director may grant a waiver, to the extent necessary, from applicable provisions listed in § 23-19.15-6(b) provided the homeowner demonstrates undue hardship, defined as having an annual income of less than or equal to eighty percent (80%) of the appropriate household size area median income determined by the federal Housing and Urban Development standards for the community within which the cesspool is located, and the cesspool is not a failed system as defined herein. No waiver shall exceed five (5) years from the dates specified in § 23-19.15-6(b). Any waiver granted shall expire upon transfer or sale of the land or easement upon which the cesspool is located.
History of Section.
P.L. 2007, ch. 136, § 1; P.L. 2007, ch. 233, § 1; P.L. 2011, ch. 285, § 1; P.L. 2011, ch. 380, § 1; P.L. 2015, ch. 163, § 1; P.L. 2015, ch. 185, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-19.15 - The Rhode Island Cesspool Act of 2007 › Section 23-19.15-8. - Exemption.

§ 23-19.15-8. Exemption.
(a)
The provisions of §§ 23-19.15-5, 23-19.15-6(a) and 23-19.15-12(a) shall not apply to any cesspool located in an area of a community covered by municipal, on-site wastewater management ordinance that requires the risk-based phase out of cesspools on an alternative schedule that meets the purposes of this act.
(b)
The provisions of §§ 23-19.15-6(b)(2) and 23-19.15-12 shall not apply to any cesspool located on a property that is properly designated to be sewered no later than six (6) years after the applicable deadlines provided in § 23-19.15-6(b)(3) provided: (1) The sewering project is identified in the city, town, or sewer district’s wastewater facilities plan as approved by DEM prior to January 1, 2013; (2) The municipality, acting through its city or town council, states in writing to the director of the department of environmental management by January 1, 2013, that the municipality will complete construction of the sewering project on or before January 1, 2020; and (3) The property owner certifies, in writing, that the dwelling/building will be connected to the sewer system within six (6) months of receipt of the notification to connect to the sewer system and that no increase in the design sewage flow or number of bedrooms in the building will occur until the connection is made.
(c)
In addition to subdivision (b)(2) of this section, the municipality must demonstrate by December 31, 2014, that it has bond authorization or some other dedicated financial surety for expansion of sewers to the area of the building served by the cesspool. If the municipality fails to demonstrate such surety, this exemption shall terminate and the cesspool shall be replaced by June 30, 2015.
History of Section.
P.L. 2007, ch. 136, § 1; P.L. 2007, ch. 233, § 1; P.L. 2008, ch. 475, § 61; P.L. 2011, ch. 285, § 1; P.L. 2011, ch. 380, § 1; P.L. 2015, ch. 163, § 1; P.L. 2015, ch. 185, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-19.15 - The Rhode Island Cesspool Act of 2007 › Section 23-19.15-9. - Notice to remove and replace cesspools.

§ 23-19.15-9. Notice to remove and replace cesspools.
(a)
The owner of any cesspool who or that has not complied with the requirements pursuant to this chapter shall be in violation of this chapter and subject to enforcement action by the department in accordance with chapters 17.1 and 17.6 of title 42.
(b)
Notwithstanding the above provisions, the director may require the abandonment and replacement of any cesspool with an approved OWTS prior to the dates specified in § 23-19.15-6(b) if the cesspool is a large capacity cesspool as defined pursuant to applicable federal regulations governing underground injection control (UIC) facilities.
History of Section.
P.L. 2007, ch. 136, § 1; P.L. 2007, ch. 233, § 1; P.L. 2008, ch. 475, § 61; P.L. 2015, ch. 163, § 1; P.L. 2015, ch. 185, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-19.15 - The Rhode Island Cesspool Act of 2007 › Section 23-19.15-10. - Regulations.

§ 23-19.15-10. Regulations.
The department shall promulgate rules and regulations as may be necessary to implement and carry out the provisions of this chapter.
History of Section.
P.L. 2007, ch. 136, § 1; P.L. 2007, ch. 233, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-19.15 - The Rhode Island Cesspool Act of 2007 › Section 23-19.15-11. - Severability and construction.

§ 23-19.15-11. Severability and construction.
The provisions of this chapter shall be severable, and if any court declares any phrase, clause, sentence, or provision of this chapter to be invalid, or its applicability to any government, agency, person, or circumstance is declared invalid, the remainder of the chapter and its relevant applicability shall not be affected. The provisions of this chapter shall be liberally construed to give effect to the purposes thereof.
History of Section.
P.L. 2007, ch. 136, § 1; P.L. 2007, ch. 233, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-19.15 - The Rhode Island Cesspool Act of 2007 › Section 23-19.15-12. - Cesspool removal and replacement requirements at property transfer.

§ 23-19.15-12. Cesspool removal and replacement requirements at property transfer.
(a)
Any cesspool found to be serving a building or use subject to sale or transfer shall be removed and replaced with an OWTS or the building served by the cesspool shall be connected to a public sewer system within twelve (12) months of the date of sale or transfer.
(b)
Should the manner of wastewater disposal be unknown, an inspection shall be conducted to determine if a cesspool is present on the property. This inspection shall be done by a system inspector prior to the time of sale or transfer.
(c)
Pursuant to § 5-20.8-13, every contract for the purchase and sale of real estate that is or may be served by a private cesspool shall provide that potential purchasers be permitted a ten-day (10) period, unless the parties mutually agree upon a different period of time, to conduct an inspection of the property’s onsite sewage system in accordance with procedures required by the department in § 23-19.15-5(a), before becoming obligated under the contract to purchase.
History of Section.
P.L. 2015, ch. 163, § 2; P.L. 2015, ch. 185, § 2.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-19.16 - Brownfields Revolving Loan Fund › Section 23-19.16-1. - Legislative findings.

§ 23-19.16-1. Legislative findings.
The general assembly finds and declares that:
(1)
Promotion of, and investment in, energy efficient infrastructure will result in the reduction of energy costs for commercial, residential, and municipal users which is necessary to maintain and grow Rhode Island’s economy; and
(2)
There exists the Rhode Island clean water finance agency which can be expanded to assist businesses, residents, and municipalities with the coordination and financing of necessary infrastructure improvements and renamed as the Rhode Island infrastructure bank; and
(3)
In addition to reducing energy cost, energy efficient infrastructure improvements will result in less pollution, the remediation of brownfields, coastal nourishment and restoration, safer drinking water and an overall sound environment; and
(4)
Cities, towns and other owners of properties designated as brownfield sites can reduce the costs of borrowing for remediation and/or development of those sites through cooperation with the Rhode Island infrastructure bank; and
(5)
Remediation and/or development of brownfield sites will generate economic activity and utilize properties which were otherwise dormant or underutilized; and
(6)
Greater coordination among state and municipal agencies will enable a more efficient allocation of infrastructure resources by the state of Rhode Island.
History of Section.
P.L. 2015, ch. 141, art. 14, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-19.16 - Brownfields Revolving Loan Fund › Section 23-19.16-2. - Definitions.

§ 23-19.16-2. Definitions.
As used in this chapter, the following terms, unless the context requires a different interpretation, shall have the following meanings:
(1)
“Agency” means the Rhode Island infrastructure bank as set forth in chapter 12.2 of title 46;
(2)
“Approved project” means any project approved by the agency for financial assistance;
(3)
“Brownfield project” means a project proposed by a city, town, person or corporation that would provide for the remediation and/or development of a site within the state of Rhode Island defined as a brownfield site pursuant to § 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended;
(4)
“Corporation” means any corporate person, including, but not limited to, bodies politic and corporate, corporations, societies, associations, partnerships, limited liability companies, sole proprietorships and subordinate instrumentalities of any one or more political subdivisions of the state;
(5)
“Department” means, for purposes of this chapter, the department of environmental management;
(6)
“Eligible borrower” or “borrower” means a person, corporation, city, town, or other political subdivision or instrumentality of the state;
(7)
“Eligible project” means a brownfield project, or portion of a brownfield project, that meets the project evaluation criteria;
(8)
“Financial assistance” means any form of financial assistance provided by the agency to an eligible borrower in accordance with this chapter for all or any part of the cost of an approved project, including, without limitation, temporary and permanent loans, with or without interest, grants, guarantees, insurance, subsidies for the payment of debt service on loans, lines of credit, and similar forms of financial assistance;
(9)
“Person” means any natural person;
(10)
“Project evaluation criteria” means the criteria used by the department to evaluate and rank eligible projects and shall include the extent to which the project generates economic benefits, the extent to which the project would be able to proceed, the cost effectiveness of the project; and
(11)
“Revolving fund” means the brownfields revolving fund established under this chapter.
History of Section.
P.L. 2015, ch. 141, art. 14, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-19.16 - Brownfields Revolving Loan Fund › Section 23-19.16-3. - Establishment of the brownfields revolving fund.

§ 23-19.16-3. Establishment of the brownfields revolving fund.
(a)
There is hereby established a brownfields revolving fund. The agency shall establish and set up on its books the brownfields revolving fund, to be held in trust and to be administered by the agency solely as provided in this section and in any trust agreement securing bonds of the agency. The agency shall deposit the following monies into the fund:
(1)
Amounts appropriated, transferred, or designated to the agency by the state or federal government or any political subdivision thereof for the purposes of this chapter;
(2)
Loan repayments and other payments received by the agency pursuant to loan agreements with eligible borrowers executed in accordance with this chapter;
(3)
Investment earnings on amounts credited to the fund;
(4)
Proceeds of bonds of the agency to the extent required by any trust agreement for such bonds;
(5)
Administrative fees levied by the agency;
(6)
Other amounts required by provisions of this chapter or agreement, or any other law or any trust agreement pertaining to bonds to be credited to the revolving fund; and
(7)
Any other funds permitted by law which the agency in its discretion shall determine to credit thereto.
(b)
The agency shall establish and maintain fiscal controls and accounting procedures conforming to generally accepted government accounting standards sufficient to ensure proper accounting for receipts in and disbursements from the brownfields revolving fund.
History of Section.
P.L. 2015, ch. 141, art. 14, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-19.16 - Brownfields Revolving Loan Fund › Section 23-19.16-5. - Payment of state funds.

§ 23-19.16-5. Payment of state funds.
(a)
Subject to the provisions of subsection (b), upon the written request of the agency, the general treasurer shall pay to the agency, from time to time, from the proceeds of any bonds or notes issued by the state for the purposes of this chapter or funds otherwise lawfully payable to the agency for the purposes of this chapter, such amounts as shall have been appropriated or lawfully designated for the revolving fund. All amounts so paid shall be credited to the revolving fund in addition to any other amounts credited or expected to be credited to the revolving fund.
(b)
The agency and the state shall enter into, execute, and deliver one or more agreements setting forth or otherwise determining the terms, conditions, and procedures for, and the amount, time, and manner of payment of, all amounts available from the state to the agency under this section.
History of Section.
P.L. 2015, ch. 141, art. 14, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-19.16 - Brownfields Revolving Loan Fund › Section 23-19.16-6. - Procedure for project approval.

§ 23-19.16-6. Procedure for project approval.
The department of environmental management, in consultation with the Rhode Island commerce corporation, shall promulgate rules and regulations establishing the project evaluation criteria and a project priority list and the process through which an eligible borrower may submit an application for inclusion of a brownfields project on the project priority list. Upon issuance of the project priority list by the department of environmental management, the project priority list shall be used by the Rhode Island infrastructure bank to determine the order in which financial assistance shall be awarded. The Rhode Island infrastructure bank shall promulgate rules and regulations to effectuate the provisions of this section which may include, without limitation, forms for financial assistance applications, loan agreements, and other instruments. All rules and regulations promulgated pursuant to this chapter shall be promulgated in accordance with the provisions of chapter 35 of title 42.
History of Section.
P.L. 2015, ch. 141, art. 14, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-19.16 - Brownfields Revolving Loan Fund › Section 23-19.16-7. - Expenses incurred by the department.

§ 23-19.16-7. Expenses incurred by the department.
In order to provide for the expenses of the department under this chapter, the agency shall transfer to the department an amount from the revolving fund equal to the amount authorized by the general assembly.
History of Section.
P.L. 2015, ch. 141, art. 14, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-19.16 - Brownfields Revolving Loan Fund › Section 23-19.16-8. - Severability.

§ 23-19.16-8. Severability.
If any provision of this chapter or the application of this chapter to any person, corporations, or circumstances is held invalid, the 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 this chapter are declared to be severable.
History of Section.
P.L. 2015, ch. 141, art. 14, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-19.17 - High-Heat Waste Facility Act of 2021 › Section 23-19.17-1. - Definitions.

§ 23-19.17-1. Definitions.
As used in this chapter:
(1)
“Environmental justice focus areas” means as defined by the DEM in SOP Number BEP-AWC-1, effective 6/26/09 and entitled, “Policy for Considering Environmental Justice in the Review of Investigation and Remediation of Contaminated Properties,” that states in part “DEM mapped areas where the percent of the block group that is minority or the percent of the block group that is low-income (under two (2) times federal poverty level) are high enough to rank in the top fifteen percent (15%) of block groups state-wide. The census blocks meeting these criteria established by the DEM in SOP Number BEP-AWC-1 shall be designated environmental justice focus areas”.
(2)
“Environmental justice municipality” means any city or town that has, in whole or in part, one or more environmental justice focus areas.
(3)
“High-heat medical waste processing facility” means a facility that:
(i)
Generates electricity from the combustion, gasification, or pyrolysis of regulated medical waste;
(ii)
Generates electricity from the combustion of fuel derived from the gasification or pyrolysis of solid waste, segregated regulated medical waste; or
(iii)
Disposes of, processes, or treats regulated medical waste through combustion, gasification, pyrolysis, or any process that exposes waste to temperatures above four hundred degrees Fahrenheit (400ºF).
(4)
“Open space” means as defined in § 45-22.2-4.
(5)
“Regulated medical waste” means as defined in § 23-19.12-3.
History of Section.
P.L. 2021, ch. 334, § 2, effective July 9, 2021.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-19.17 - High-Heat Waste Facility Act of 2021 › Section 23-19.17-2. - Prohibition on new high-heat medical waste processing facilities.

§ 23-19.17-2. Prohibition on new high-heat medical waste processing facilities.
Notwithstanding any other law, rule, or regulation to the contrary, no permit or license shall be issued for the construction or operation of a new high-heat medical waste processing facility, and no application for a permit or license for such a facility shall be granted or issued by the state if the facility:
(1)
Is within two thousand feet (2,000′) of any waters as defined in § 46-12-1;
(2)
Is within two thousand feet (2,000′) of open space or any state management area, or park, or land held by any entity in trust for public use;
(3)
Is within two thousand feet (2,000′) of any floodplains, or flood hazard area as defined in § 45-22.2-4;
(4)
Is within one mile of a pre-existing public or private school providing education of any grades 1 through twelve (12), a college or university, a childcare center, a preschool, an assisted living facility, or a nursing facility;
(5)
Is within one mile of any area zoned for residential use; or
(6)
Is located in an environmental justice municipality.
History of Section.
P.L. 2021, ch. 334, § 2, effective July 9, 2021.