Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 140 - Waste and Materials Management › Subchapter 30 - Site Remediation › Part 1 - Rules and Regulations for the Investigation and Remediation of Hazardous Material Releases › Section 250-RICR-140-30-1.6 - Notification

Current through June 14, 2024
1.6.1
Notification of Release
A. A Responsible Party shall notify the
				  Department, in writing in both hard copy and electronic format (as specified by
				  the Department), of the discovery of any Release in accordance with the
				  requirements of this rule which was not previously reported to the Department
				  by any Responsible Party. Any Release which requires notification pursuant to
				  this rule shall be reported no later than 15 days after the discovery of the
				  Release.
B. Exemptions from
				  Notification Any Release that is solely the result of an underground injection
				  control system or a leaking underground storage tank is exempt from the
				  reporting requirements of the Remediation Regulations.
C. Reportable Concentrations for Soil
1. For those concentrations of Hazardous
				  Substances which are in excess of any of the soil objectives as specified in
				  Tables 1 or 2, §§1.9.2(C)(2) or (3) of this Part, as appropriate, or
				  which are not specified in Tables 1 or 2, §§1.9.2(C)(2) or (3) of
				  this Part and are in an amount and concentration which present a significant
				  potential to cause an acute or chronic adverse effect on human health or the
				  environment, the Responsible Party shall provide notification to the Office of
				  Land Revitalization and Sustainable Materials Management consistent with
				  §1.6.2 of this Part except as otherwise provided in this Part.
2. Notification of a Release for soil is not
				  required provided that all of the following site conditions are met:
a. The Release has impacted an area currently
				  limited to Industrial or Commercial Activity;
b. The reasonably foreseeable future use of
				  the property impacted by the Release is limited to Industrial/Commercial
				  Activity;
c. The groundwater
				  underlying the site is classified as a GB area;
d. There are no well head protection areas or
				  active wells known to the Performing Party or their representatives within 500
				  feet;
e. The Hazardous Substances
				  of concern are listed in Tables 1 and 2, §§1.9.2(C)(2) and (3) of
				  this Part, and are at concentrations which are below the industrial or
				  commercial Direct Exposure Criteria, and below the GB leachability criteria as
				  listed in those tables, respectively;
f. There are no GA/GAA areas within 500 feet
				  of the Release;
g. The abutting
				  properties are used for Industrial/Commercial Activity; and
h. There is no physical boundary of any
				  wetland or surface water within 500 feet of the Release.
D. Reportable Concentrations for
				  Groundwater
1. Responsible Parties that have
				  had a Release which has impacted or threatens to impact groundwater shall
				  notify the Department when:
a. Any Hazardous
				  Substance in groundwater is at a concentration which exceeds any of the
				  groundwater objectives for the Hazardous Substance as specified in Tables 3 and
				  4, §§1.9.3(F) (4) and (5) of this Part, as appropriate; or
b. Any Hazardous Substance in groundwater
				  which is not specified in Tables 3 or 4, §§1.9.3(F)(4) or (5) of this
				  Part is in an amount and concentration which presents a significant potential
				  to cause an acute or chronic adverse effect on human health or the environment;
				  or
c. A Responsible Party has
				  reasonable cause to believe that a discharge or Release has occurred which may
				  result in an exceedance of any appropriate groundwater
				  objective.