Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 140 - Waste and Materials Management › Subchapter 30 - Site Remediation › Part 2 - Rules and Regulations for the Brownfields Remediation and Economic Development Fund › Section 250-RICR-140-30-2.6 - Definitions

Current through June 14, 2024
A. As used in these rules and regulations the
				  following definitions will apply:
1. "40
				  C.F.R. ..." means that section or subsection of the Code of Federal
				  Regulations, Title 40, Protection of Environment, Chapter l, Environmental
				  Protection Agency. References to the Administrator, appearing therein, shall be
				  interpreted as referring to the Director.
2. "Applicant" means any person or persons
				  applying for monies under these rules and regulations.
3. "Brownfields site" means a property where
				  a known or suspected release of petroleum and/or hazardous material presents a
				  barrier to the sale, reuse, or redevelopment of the site, or where uncertainty
				  on the costs of remediation adversely impacts the value of the
				  property.
4. "Construction" means
				  the building, alteration, rehabilitation, improvement, or extension of a
				  project, including the necessary planning, design and engineering associated
				  with the specific project.
5.
				  "Contaminated-site" means any Source Area or series of Source Areas that have
				  not reached final resolution under the Remediation Regulations. A
				  Contaminated-Site may include unimpacted land between multiple Source Areas in
				  close proximity to one another. A Contaminated-Site shall be considered to be
				  independent of property lines.
6.
				  "Department" means the Rhode Island Department of Environmental Management
				  (RIDEM).
7. "Director" means the
				  Director of the Department of Environmental Management or the subordinate(s) to
				  whom the Director has delegated powers and duties vested in the Director by
				  these regulations.
8. "Fund" means
				  the Brownfields Remediation and Economic Redevelopment Fund, as established by
				  these regulations.
9. "Groundwater"
				  means water found underground which completely fills the open spaces between
				  particles of sand, gravel, clay, silt and bedrock fractures. The zone of
				  materials filled with groundwater is called the zone of saturation.
10. "Grant" means money given to eligible
				  entities with no repayment due if the grantee is in substantial compliance with
				  all terms of the grant.
11. "Grant
				  match" means the required 20% match on Bond Funding. At the sole discretion of
				  the Review Committee, in-kind services may be considered as credit towards the
				  20% match.
12. "Office of Land
				  Revitalization and Sustainable Materials Management" means the organizational
				  unit with the Department of Environmental Management responsible for the
				  regulation of waste management activities and the investigation and remediation
				  of contaminated sites.
13.
				  "Performing party" or "Parties" means any Bona Fide Prospective Purchaser,
				  Responsible Party, voluntary party or any other party (or parties) conducting
				  an investigation of and/or Remediation at a Contaminated-Site.
14. "Person" means an individual, trust,
				  firm, joint stock company, corporation (including a government corporation),
				  partnership, association, fiduciary, legal entity, the Federal Government or
				  any agency or sub-division thereof, a state, municipality, commission,
				  political sub-division of a state, or any interstate body.
15. "Release" means it will be defined by
				  40 C.F.R. §
												300.5 (2017), incorporated by reference, not
				  including any further editions or amendments thereof and only to the extent
				  that the provisions therein are not inconsistent with these regulations. This
				  shall exclude any of the following:
a. Any
				  Release from a process, activity or Contaminated-Site allowed under a permit,
				  license or approval by any regulatory process or legal authority;
b. Any Release of Hazardous Materials solely
				  derived from common household materials and occurring at the household; or
c.  Any Release that is completely
				  contained within an area or structure designed and engineered to contain such
				  materials.
d. Release shall also
				  include an actual or potential threat of Release.
e. Concentrations of PCBs greater than 10
				  micrograms/100 cm2, as measured by a standard wipe
				  test, on any surface shall constitute a Release. The Director may determine
				  that an area with PCB contamination at concentrations lower than specified
				  above requires investigation and/or remediation due to site-specific
				  circumstances.
16.
				  "Remediation" means the act of implementing, operating and maintaining a Remedy
				  or Remedial Action.
17. "Revolving
				  loan fund" means the Brownfields Revolving Fund established by R.I. Gen. Laws
				  §
											23-19-16.
18. "Small business" means an independently
				  owned and operated company that is limited in size and in revenue depending on
				  the industry as defined by the U.S. Small Business Association (SBA).
19. "Source area" means the horizontal and
				  vertical extent of natural or man-made media impacted by a Release of Hazardous
				  Materials or causing a Release of Hazardous Materials at concentrations in
				  excess of the reportable concentrations described in Rules and Regulations for
				  the Investigation and Remediation of Hazardous Material Releases,
				  §§1.6.1(C) and (D) of this Subchapter (Reportable Concentrations for
				  Soil and Reportable Concentrations for Groundwater), and determined by the
				  Department to pose a potential threat to human health and the environment. For
				  purposes of these regulations, sanitary landfills licensed under the Rules and
				  Regulations for Solid Waste Management Facilities and Organic Waste Management
				  Facilities (Subchapter 05 Part 1 of this Chapter) on or after 18 June 1992 are
				  not Source Areas.