reglab/statecodes huggingface dataset:
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 140 - Waste and Materials Management › Subchapter 20 - Recycling and Special Waste › Part 3 - Rules and Regulations Governing the Administration and Enforcement of the Rhode Island Mercury Education and Reduction Act (250-RICR-140-20-3) › Section 250-RICR-140-20-3.14 - Application to Products Regulated by Food and Drug Administration

Current through June 14, 2024
Nothing in these regulations shall apply to prescription
					 drugs regulated by the Food and Drug Administration (FDA) under the Federal
					 Food, Drug and Cosmetic Act, 21 U.S.C. §
											301 et. seq., to
					 biological products regulated by the Food and Drug Administration under the
					 Public Health Service Act, 42 U.S.C. §
											262 et. seq., or
					 to any substance that may be lawfully sold over the counter without a
					 prescription under the Federal Food, Drug and Cosmetic Act,
					 21 U.S.C. §
											301 et. seq.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 140 - Waste and Materials Management › Subchapter 20 - Recycling and Special Waste › Part 3 - Rules and Regulations Governing the Administration and Enforcement of the Rhode Island Mercury Education and Reduction Act (250-RICR-140-20-3) › Section 250-RICR-140-20-3.15 - Dental Amalgam Separators

Current through June 14, 2024
A. No later than
				  July 1, 2008, a dental office or facility that, in the course of treating its
				  patients, places or removes dental amalgam must install an amalgam separator,
				  as defined in §
										3.4 of this Part, in the
				  wastewater discharge line.
B. A
				  dental office or facility must demonstrate proper installation, operation,
				  maintenance, and amalgam waste recycling or disposal in accordance with the
				  manufacturer's recommendations by maintaining and submitting as necessary
				  annual records on waste shipment and maintenance of the system and any other
				  reporting required in this section. Records of the previous three (3) years
				  shall be maintained at all times at the point of generation.
1. Rhode Island dental offices, facilities
				  and vocational dental educational programs shall use, instruct, and comply with
				  best management practices (BMPs) as maintained by the Department to minimize
				  the presence of elemental mercury, used amalgam and waste amalgam in their
				  wastewater discharge and in their solid waste. Such BMPs shall include a
				  requirement for an amalgam removal efficiency of at least ninety-nine percent
				  (99%).
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 140 - Waste and Materials Management › Subchapter 20 - Recycling and Special Waste › Part 3 - Rules and Regulations Governing the Administration and Enforcement of the Rhode Island Mercury Education and Reduction Act (250-RICR-140-20-3) › Section 250-RICR-140-20-3.16 - Disclosure Provision

Current through June 14, 2024
Information provided to the Department, in accordance with
					 these regulations, is assumed to be a public record unless exempt under R.I.
					 Gen. Laws §
										38-2-2 (R.I. Access to Public
					 Records Act).
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 140 - Waste and Materials Management › Subchapter 20 - Recycling and Special Waste › Part 3 - Rules and Regulations Governing the Administration and Enforcement of the Rhode Island Mercury Education and Reduction Act (250-RICR-140-20-3) › Section 250-RICR-140-20-3.17 - Enforcement/Penalties

Current through June 14, 2024
A. The Director shall assess all penalties
				  for violation of these regulations in accordance with the provisions of R.I.
				  Gen. Laws §
										23-24.9-16 (The Mercury Education
				  and Reduction Act), R.I. Gen. Laws Chapter 42-17.1 (The Department of
				  Environmental Management), R.I. Gen. Laws Chapter 42-17.6 (Administrative
				  Penalties for Environmental Violations) and the "Rules and Regulations for
				  Assessment of Administrative Penalties", Part 130-00-1 of this Title.
B. Effective July 1, 2005, a violation of any
				  of the provisions of R.I. Gen. Laws Chapter 23-24.9 or any rule or regulation
				  promulgated pursuant thereto, shall be punishable, in the case of a first
				  violation, by a civil penalty not to exceed one thousand dollars ($1,000). In
				  the case of a second and any further violations, the liability shall be for a
				  civil penalty not to exceed five thousand dollars ($5,000) for each
				  violation.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 140 - Waste and Materials Management › Subchapter 20 - Recycling and Special Waste › Part 3 - Rules and Regulations Governing the Administration and Enforcement of the Rhode Island Mercury Education and Reduction Act (250-RICR-140-20-3) › Section 250-RICR-140-20-3.18 - Appeals

Current through June 14, 2024
A. Any person affected by a decision of the
				  Director pursuant to these regulations may, in accordance with Administrative
				  Rules of Practice and Procedure for the Department of Environmental Management,
				  Part 20-00-1 of this Title, file a claim for an adjudicatory hearing to review
				  the decision.
B. The party
				  contesting a Department decision bears the burden of proof that their
				  application(s) or action(s) comply with all requirements of the Rules and
				  Regulations herein. All requests for a hearing regarding a decision of the
				  Director must be in writing and filed with the clerk of the Department's
				  Administrative Adjudication Division (AAD) within thirty (30) days of receipt
				  of the Director's decision. All requests for a hearing regarding an enforcement
				  action issued by the Department must be in writing and filed with the clerk of
				  the Department's Administrative Adjudication Division (AAD) within twenty (20)
				  days of receipt of the enforcement action.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 140 - Waste and Materials Management › Subchapter 20 - Recycling and Special Waste › Part 3 - Rules and Regulations Governing the Administration and Enforcement of the Rhode Island Mercury Education and Reduction Act (250-RICR-140-20-3) › Section 250-RICR-140-20-3.19 - Severability

Current through June 14, 2024
If any provision of these Rules and Regulations, or the
					 application thereof to any person or circumstances, is held invalid by a court
					 of competent jurisdiction, the validity of the remainder of the Rules and
					 Regulations shall not be affected thereby.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 140 - Waste and Materials Management › Subchapter 20 - Recycling and Special Waste › Part 3 - Rules and Regulations Governing the Administration and Enforcement of the Rhode Island Mercury Education and Reduction Act (250-RICR-140-20-3) › Section 250-RICR-140-20-3.20 - Appendix A - Certification Statement for the Sale or Distribution of Elemental Mercury

Current through June 14, 2024
RHODE ISLAND DEPARTMENT OF ENVIRONMENTAL
								MANAGEMENT
235 Promenade Street
Providence, RI 02908
Applicant's full legal name and address, and
								contact information (printed)
Name/Organization:
Telephone #:
Mailing Address:
City/Town:
State:
Zip code:
Contact Person:
Telephone #:
Mailing Address:
City/Town:
State:
Zip code:
Contact Person:
Telephone #:
Email Address:
Product manufacturer's name, address and contact
								information (if different from above):
Name:
Telephone #:
Mailing Address:
City/Town:
State:
Zip code:
Contact Person:
Telephone #:
Mailing Address:
City/Town:
State:
Zip code:
Email Address:
Amount of Mercury transferred (pounds):
Date transferred:
Use of Elemental Mercury (check all that
								apply):
Medical
Dental Amalgam
Research
Other:
Certification: As the recipient of Elemental
								Mercury, I certify that:
The elemental mercury is to be used only for
								medical, dental amalgam dispose-caps, or research purposes;
I understand that mercury is toxic and must be
								stored and used appropriately so that no person is exposed to the mercury;
								and,
I will not place or allow anyone else under my or
								my organization's control to place the mercury or cause the mercury to be
								placed in solid waste for disposal or in a wastewater disposal system.
Signature (of an Authorized Senior Management
								Official for Recipient) and Date.
Print or type name and Title of the Authorized
								Senior Management Official.
A copy of §
														3.20 of this Part, Appendix
								A, must be sent to above noted address to the ATTN: OTCA / Mercury Transfer
								Certification. Recipient should receive a Material Data Safety Sheet (MSDS)
								with delivery.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 140 - Waste and Materials Management › Subchapter 20 - Recycling and Special Waste › Part 4 - Regulations Governing the Administration and Enforcement of the Electronic Waste Prevention, Reuse and Recycling Act (250-RICR-140-20-4) › Section 250-RICR-140-20-4.1 - Purpose

Current through June 14, 2024
In accordance with the Electronic Waste Prevention, Reuse
					 and Recycling Act, R.I. Gen. Laws Chapter 23-24.10, the purpose of these
					 regulations is to establish a manufacturer financed system for the collection,
					 recycling, and reuse of covered electronic products in Rhode Island; develop a
					 comprehensive strategy for prevention and reduction of electronic waste;
					 promote the development of state infrastructure for the reuse and recycling of
					 used electronics; promote the handling, recycling and disposal of covered
					 electronic products in a sound and responsible manner; and encourage the design
					 of covered electronic products that are less toxic, more durable and more
					 recyclable.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 140 - Waste and Materials Management › Subchapter 20 - Recycling and Special Waste › Part 4 - Regulations Governing the Administration and Enforcement of the Electronic Waste Prevention, Reuse and Recycling Act (250-RICR-140-20-4) › Section 250-RICR-140-20-4.2 - Authority

Current through June 14, 2024
These rules and regulations are promulgated pursuant to the
					 Electronic Waste Prevention, Reuse and Recycling Act R.I. Gen. Laws Chapter
					 23-24.10, the Refuse Disposal Act, R.I. Gen. Laws Chapter 23-18.9, the
					 Hazardous Waste Management Act R.I., Gen. Laws Chapter 23-19.1, the Department
					 of Environmental Management, R.I. Gen. Laws Chapter 42-17.1, and in accordance
					 with R.I. Gen. Laws Chapter 42-35, Administrative Procedures.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 140 - Waste and Materials Management › Subchapter 20 - Recycling and Special Waste › Part 4 - Regulations Governing the Administration and Enforcement of the Electronic Waste Prevention, Reuse and Recycling Act (250-RICR-140-20-4) › Section 250-RICR-140-20-4.3 - Application

Current through June 14, 2024
The terms and provisions of these rules and regulations
					 shall be liberally construed to permit the Department to effectuate the
					 purposes of state law, goals, and policies.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 140 - Waste and Materials Management › Subchapter 20 - Recycling and Special Waste › Part 4 - Regulations Governing the Administration and Enforcement of the Electronic Waste Prevention, Reuse and Recycling Act (250-RICR-140-20-4) › Section 250-RICR-140-20-4.4 - Definitions

Current through June 14, 2024
A. For the purposes of these regulations, the
				  following terms shall have the following meanings:
1. "Basic service" means collection services
				  provided for free by the State Program or a manufacturer within the scope of
				  its approved independent or group collection plan that includes:
a. permanent drop off locations easily
				  accessible by the public;
b.
				  mail-back opportunities;
c.
				  in-store retail collection opportunities; or
d. scheduled collection events.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 140 - Waste and Materials Management › Subchapter 20 - Recycling and Special Waste › Part 4 - Regulations Governing the Administration and Enforcement of the Electronic Waste Prevention, Reuse and Recycling Act (250-RICR-140-20-4) › Section 250-RICR-140-20-4.5 - Disposal Ban

Current through June 14, 2024
A. No person shall
				  dispose of any of the covered electronic products in a manner other than by
				  recycling or disposal as hazardous waste or universal waste.
B. This ban on disposal shall apply to whole
				  units of covered electronic products, as well as to the constituent subunits
				  and materials from which the units are made.
C. No sanitary landfill or transfer station
				  regulated pursuant to R.I. Gen. Laws Chapter 23-18.9 shall accept any covered
				  electronic products for the purposes of disposal. All sanitary landfills and
				  transfer stations regulated pursuant to R.I. Gen. Laws Chapter 23-18.9 shall
				  establish procedures to promote segregation of covered electronic products from
				  the waste stream, shall document those procedures in the facility operating
				  plan, and shall implement those procedures as part of the operation of the
				  facility.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 140 - Waste and Materials Management › Subchapter 20 - Recycling and Special Waste › Part 4 - Regulations Governing the Administration and Enforcement of the Electronic Waste Prevention, Reuse and Recycling Act (250-RICR-140-20-4) › Section 250-RICR-140-20-4.6 - Sales & Labor Prohibitions

Current through June 14, 2024
A. A manufacturer
				  not in compliance with all financial and other requirements of R.I. Gen. Laws
				  Chapter 23-24.10 is prohibited from offering a covered electronic product for
				  sale in this state.
B. No retailer
				  and/or manufacturer shall offer for sale in this state a new covered electronic
				  product from a manufacturer that is not in full compliance with the
				  requirements of R.I. Gen. Laws Chapter 23-24.10.
C. Facilities that recycle covered electronic
				  products, including all downstream recycling operations, shall not use prison
				  labor to recycle covered electronic products.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 140 - Waste and Materials Management › Subchapter 20 - Recycling and Special Waste › Part 4 - Regulations Governing the Administration and Enforcement of the Electronic Waste Prevention, Reuse and Recycling Act (250-RICR-140-20-4) › Section 250-RICR-140-20-4.7 - Labeling & Registration Requirements

Current through June 14, 2024
A. Labeling. A
				  manufacturer or retailer may not sell or offer for sale a covered electronic
				  product in the state unless it is labeled with the manufacturer's brand, and
				  the label is permanently affixed and readily visible.
B. Registration. In accordance with R.I. Gen.
				  Laws §
										23-24.10-8, a manufacturer of
				  covered electronic products sold or offered for sale in this state shall
				  register with the Department by December 15th of each year for a period to
				  cover the upcoming calendar year, on a form provided by the Department. The
				  registration shall include:
1. A list of all
				  brands, by type of covered electronic product, manufactured, sold or imported
				  by the manufacturer, being offered for sale in this state;
2. A statement of whether the manufacturer
				  will be implementing a manufacturer program or utilizing the State Program for
				  recycling covered electronic products;
3. A copy of the manufacturer's proposed
				  collection and recycling plan if said manufacturer is choosing to implement its
				  own collection program, either individually or in conjunction with other
				  manufacturers as permitted in accordance with R.I. Gen. Laws §
											23-24.10-9.
4. All appropriate contact information for
				  the manufacturer, including an administrative contact and a billing
				  contact.
5. An annual registration
				  fee of five thousand dollars ($5,000) payable to the Department. All
				  registration fees shall be deposited into the Department's Environmental
				  Response Fund.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 140 - Waste and Materials Management › Subchapter 20 - Recycling and Special Waste › Part 4 - Regulations Governing the Administration and Enforcement of the Electronic Waste Prevention, Reuse and Recycling Act (250-RICR-140-20-4) › Section 250-RICR-140-20-4.9 - Manufacturer Collection Programs for Computer Manufacturers

Current through June 14, 2024
A. Designation of Participation:
1. At the time of registration, the
				  manufacturer of computers must designate whether it will participate in the
				  State Program or implement a manufacturer program, either individually or in
				  cooperation with other manufacturers. Manufacturers who do not indicate a
				  choice between the State Program or a manufacturer program must participate in
				  the State Program for the following year.
2. A computer manufacturer with less than a
				  five-percent (5%) return share is not allowed to implement a manufacturer
				  program and is required to participate in the State Program.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 140 - Waste and Materials Management › Subchapter 20 - Recycling and Special Waste › Part 4 - Regulations Governing the Administration and Enforcement of the Electronic Waste Prevention, Reuse and Recycling Act (250-RICR-140-20-4) › Section 250-RICR-140-20-4.11 - Retailer Responsibility

Current through June 14, 2024
A. A retailer may
				  not sell or offer for sale any covered electronic product in or for delivery
				  into this state unless:
1. The covered
				  electronic product is labeled with a brand and the label is permanently affixed
				  and readily visible;
2. The brand
				  is included on the list posted by the Department pursuant to §
											4.6(B) of
				  this Part; and
3. The list posted
				  by the Department specifies that the manufacturer is in compliance with the
				  requirements of R.I. Gen. Laws Chapter 23-24.10 and these regulations. All
				  manufacturers will be considered in compliance with the requirements of R.I.
				  Gen. Laws Chapter 23-24.10 and these regulations for the purposes of this
				  section until the Department publishes the first listing.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 140 - Waste and Materials Management › Subchapter 20 - Recycling and Special Waste › Part 4 - Regulations Governing the Administration and Enforcement of the Electronic Waste Prevention, Reuse and Recycling Act (250-RICR-140-20-4) › Section 250-RICR-140-20-4.12 - Registration Requirements for Collectors and Recyclers

Current through June 14, 2024
A.
				  Collector's Registration
1. In accordance
				  with R.I. Gen. Laws §
											23-24.10-10.1, no person or entity
				  may operate as a collector of any covered electronic products or electronic
				  devices banned from disposal unless that person or entity has submitted a
				  registration with the Department on a form prescribed by the
				  Director.
2. Registration
				  information must include the name, address, telephone number, and location(s)
				  of the business, and a certification that the collector has complied and will
				  continue to comply with the requirements of R.I. Gen. Laws Chapter 23-24.10 and
				  all regulations promulgated by the Department and/or the Corporation.
3. A registration is effective upon receipt
				  by the Department and is valid until December 31st of each year. Collectors
				  must register annually with the Department.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 140 - Waste and Materials Management › Subchapter 20 - Recycling and Special Waste › Part 4 - Regulations Governing the Administration and Enforcement of the Electronic Waste Prevention, Reuse and Recycling Act (250-RICR-140-20-4) › Section 250-RICR-140-20-4.13 - Environmentally Sound Management of Covered Products

Current through June 14, 2024
A. In
				  accordance with R.I. Gen. Laws §
										23-24.10-12, manufacturers'
				  approved collection programs and the State Program as administered by the
				  Corporation shall, at a minimum, meet the environmentally sound management
				  practices as defined in §
										4.4(J) of
				  this Part and as set forth in the R2 2013 Responsible Recycling (R2) Standard
				  for Electronics Recyclers (commonly referred to as the R2:2013 Standard and
				  defined in §
										4.4(J) of
				  this Part).
B. It shall be the
				  responsibility of the manufacturers administering approved collection programs
				  and the State Program to ensure that all parties, including contracted
				  partners, participating in the recycling of covered electronic products meet
				  and adhere to said R2:2013 Standard.
C. Nothing herein shall prohibit any recycler
				  operating as part of either a manufacturers' collection program or the State
				  Program as administered by the Corporation from meeting more stringent
				  standards or practices governing the collection, recycling and disposal of
				  covered electronic products.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 140 - Waste and Materials Management › Subchapter 20 - Recycling and Special Waste › Part 4 - Regulations Governing the Administration and Enforcement of the Electronic Waste Prevention, Reuse and Recycling Act (250-RICR-140-20-4) › Section 250-RICR-140-20-4.14 - Enforcement/Penalties

Current through June 14, 2024
A. The Director shall assess all penalties
				  for violation of these regulations in accordance with the provisions of R.I.
				  Gen. Laws §
										23-24.10-16 (The Electronic Waste
				  Prevention, Reuse and Recycling Act), R.I. Gen. Laws Chapter 42-17.1 (The
				  Department of Environmental Management), R.I. Gen. Laws Chapter 42-17.6
				  (Administrative Penalties for Environmental Violations) and the "Rules and
				  Regulations for Assessment of Administrative Penalties".
B. A violation of any of the provisions of
				  R.I. Gen. Laws Chapter 23-24.10 or any rule or regulation promulgated pursuant
				  thereto, shall be punishable, in the case of a first violation, by a civil
				  penalty not to exceed one thousand dollars ($1,000).
C. In the case of a second and any further
				  violations, the liability shall be for a civil penalty not to exceed five
				  thousand dollars ($5,000) for each violation.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 140 - Waste and Materials Management › Subchapter 20 - Recycling and Special Waste › Part 4 - Regulations Governing the Administration and Enforcement of the Electronic Waste Prevention, Reuse and Recycling Act (250-RICR-140-20-4) › Section 250-RICR-140-20-4.15 - Appeals

Current through June 14, 2024
A. Unless otherwise delineated in separate
				  regulations governing the appeals process adopted by Department after the
				  effective date of these regulations, any person affected by a decision of the
				  Director pursuant to these regulations may, in accordance with Part 20-00-1 of
				  this Title (Administrative Rules of Practice and Procedure for the Department
				  of Environmental Management), file a claim for an adjudicatory hearing to
				  review the decision.
B. The party
				  contesting a Department decision bears the burden of proof that their
				  application(s) or action(s) comply with all requirements of the rules and
				  regulations herein. All requests for a hearing regarding a decision of the
				  Director must be in writing and filed with the clerk of the Department's
				  Administrative Adjudication Division (AAD) within thirty (30) days of receipt
				  of the Director's decision.
C. All
				  requests for a hearing regarding an enforcement action issued by the Department
				  must be in writing and filed with the clerk of the Department's Administrative
				  Adjudication Division (AAD) within twenty (20) days of receipt of the
				  enforcement action.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 140 - Waste and Materials Management › Subchapter 20 - Recycling and Special Waste › Part 4 - Regulations Governing the Administration and Enforcement of the Electronic Waste Prevention, Reuse and Recycling Act (250-RICR-140-20-4) › Section 250-RICR-140-20-4.16 - Severability

Current through June 14, 2024
If any provision of these Rules and Regulations, or the
					 application thereof to any person or circumstances, is held invalid by a court
					 of competent jurisdiction, the validity of the remainder of the Rules and
					 Regulations shall not be affected thereby.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 140 - Waste and Materials Management › Subchapter 20 - Recycling and Special Waste › Part 5 - Rules and Regulations for the Plastic Waste Reduction Act › Section 250-RICR-140-20-5.1 - Purpose

Current through June 14, 2024
A. These regulations establish the
				  requirements for the Plastic Waste Reduction Act. This program is to be
				  administered by the Rhode Island Department of Environmental Management in
				  cooperation with the thirty-nine (39) municipalities within the State of Rhode
				  Island.
B. This Chapter is a matter
				  of statewide interest and concern and is applicable uniformly throughout the
				  state. Accordingly, this Part occupies the whole field of regulation of
				  reusable bags, single-use bags, and recyclable paper bags, as defined in this
				  part, provided by a retail sales establishment, as defined in R.I. Gen. Laws
				  §
										23-19.18-2, and shall supersede
				  any and all state and local laws, regulations, and ordinances in this
				  field.
C. The purpose of these
				  regulations is to provide clarity on the definitions, prohibitions,
				  enforcement, penalties, uniformity, variances, and superseded rules and
				  regulations in the Plastic Waste Reduction Act.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 140 - Waste and Materials Management › Subchapter 20 - Recycling and Special Waste › Part 5 - Rules and Regulations for the Plastic Waste Reduction Act › Section 250-RICR-140-20-5.2 - Authority

Current through June 14, 2024
These rules and regulations are promulgated pursuant to the
					 requirements and provisions of R.I. Gen. Laws Chapter
					 23-19.18.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 140 - Waste and Materials Management › Subchapter 20 - Recycling and Special Waste › Part 5 - Rules and Regulations for the Plastic Waste Reduction Act › Section 250-RICR-140-20-5.3 - Definitions

Current through June 14, 2024
A. For the purposes of these regulations, the
				  definitions as defined in R.I. Gen. Laws §
										23-19.18-2 shall apply to these
				  regulations, and the following definitions:
B. "Reusable bag" means a bag that satisfies
				  all the following conditions:
1. Handles that
				  are stitched.
2. Designed and
				  manufactured for one hundred twenty-five (125) or more reuses.
3. Made primarily of washable cloth, other
				  durable woven or nonwoven fabric, polyester, polypropylene, or other durable
				  plastic with a minimum thickness of four (4.0) mils.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 140 - Waste and Materials Management › Subchapter 20 - Recycling and Special Waste › Part 5 - Rules and Regulations for the Plastic Waste Reduction Act › Section 250-RICR-140-20-5.4 - Prohibitions on Single-use Plastic Bag Distribution

Current through June 14, 2024
For the purposes of these regulations, the prohibitions set
					 forth in R.I. Gen. Laws §
										23-19.18-3 shall apply to these
					 regulations.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 140 - Waste and Materials Management › Subchapter 20 - Recycling and Special Waste › Part 5 - Rules and Regulations for the Plastic Waste Reduction Act › Section 250-RICR-140-20-5.5 - Enforcement and Penalty

Current through June 14, 2024
Any retail sales establishment that fails to meet the
					 requirements of these regulations will be subject to administrative penalties
					 as set forth in R.I. Gen. Laws §
										23-19.18-4. All penalties listed
					 may be assessed on a per-day basis counted from the initial day of
					 noncompliance until compliance is achieved.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 140 - Waste and Materials Management › Subchapter 20 - Recycling and Special Waste › Part 5 - Rules and Regulations for the Plastic Waste Reduction Act › Section 250-RICR-140-20-5.6 - Enforcement Jurisdiction

Current through June 14, 2024
A. Municipalities
				  shall inspect, investigate, and respond to all complaints regarding alleged
				  violations, and may issue oral and written warnings, notices of violation, and
				  engage in any other enforcement of this section as they deem appropriate. After
				  taking action, a municipality may refer any alleged violations of this section
				  to the Department for further enforcement.
B. Upon receipt of a referral from a
				  municipality, the Department may investigate the alleged violations, and may
				  initiate enforcement proceedings before the Administrative Adjudication
				  Division. Alternatively, the Department may, in its discretion, following an
				  investigation determine that enforcement is not warranted, or remand the
				  referral back to the municipality for further enforcement at the municipal
				  level. The Department may, in its discretion, undertake an investigation of
				  noncompliance and take action as warranted.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 140 - Waste and Materials Management › Subchapter 20 - Recycling and Special Waste › Part 5 - Rules and Regulations for the Plastic Waste Reduction Act › Section 250-RICR-140-20-5.7 - Violations and Appeals

Current through June 14, 2024
A. Any retail sales
				  establishment issued an administrative penalty by the municipality pursuant to
				  this Section may file an appeal in accordance with R.I. Gen. Laws Chapter
				  42-17.7 after exhausting any and all administrative procedures available in
				  that municipality.
B. Any retail
				  sales establishment issued an administrative penalty by the Department pursuant
				  to this Section may file an appeal in accordance with R.I. Gen. Laws Chapter
				  42-17.7 and Part 10-00-1 of this Title (the "Rules and Regulations for the
				  Administrative Adjudication Division") by presenting a written request for a
				  hearing within twenty (20) days of the applicant's receipt of the notice of the
				  enforcement action. The written request must be presented to the Clerk of the
				  Administrative Adjudication Division, 235 Promenade Street, Room 350,
				  Providence, RI 02908.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 140 - Waste and Materials Management › Subchapter 20 - Recycling and Special Waste › Part 6 - Rules and Regulations for the Prohibited Release of Balloons › Section 250-RICR-140-20-6.1 - Purpose

Current through June 14, 2024
A. These regulations establish the
				  requirements for the Prohibited Release of Balloons. This program is to be
				  administered by the Rhode Island Department of Environmental
				  Management.
B. The Prohibited
				  Release of Balloons is a matter of statewide interest and concern, The release
				  of balloons inflated with lighter-than-air gases pose a danger and nuisance to
				  the environment, particularly to wildlife and marine animals, as many animals
				  are attracted to the bright colors of balloons and mistake them for food which
				  may cause an animal severe injury or death. Many animals become entangled in
				  balloon strings and are injured or strangled to death as a result thereof. Some
				  balloons have a metallic coating that conducts electricity, and when they are
				  released and touch electrical power lines it can lead to downed wires, power
				  loss, fires, or other injuries.
C.
				  The purpose of these regulations is to provide clarity on the definitions,
				  prohibitions, enforcement, penalties, jurisdiction, violations, and
				  appeals.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 140 - Waste and Materials Management › Subchapter 20 - Recycling and Special Waste › Part 6 - Rules and Regulations for the Prohibited Release of Balloons › Section 250-RICR-140-20-6.2 - Authority

Current through June 14, 2024
These rules and regulations are promulgated pursuant to the
					 requirements and provisions of R.I. Gen. Laws Chapter 23-96.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 140 - Waste and Materials Management › Subchapter 20 - Recycling and Special Waste › Part 6 - Rules and Regulations for the Prohibited Release of Balloons › Section 250-RICR-140-20-6.3 - Definitions

Current through June 14, 2024
A. For the purposes of these regulations, the
				  definitions as defined in R.I. Gen. Laws §
										23-96-1 shall apply to these
				  regulations, and the following definitions:
1.
				  "Balloon" means a flexible nonporous bag made from any material that can be
				  inflated and then sealed at the neck, inflated with a gas that is lighter than
				  air
2. "Person" or "entity" means
				  one person that releases balloons, or the entity that intentionally organizes
				  the release of balloons by more than one person at the same time and
				  place.
3. "Violations" means the
				  prohibited practices as stated in R.I. Gen. Laws §
											23-96-1 for the purposes of this
				  regulation.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 140 - Waste and Materials Management › Subchapter 20 - Recycling and Special Waste › Part 6 - Rules and Regulations for the Prohibited Release of Balloons › Section 250-RICR-140-20-6.4 - Prohibited Release of Balloons

Current through June 14, 2024
For the purposes of these regulations, the prohibitions set
					 forth in R.I. Gen. Laws §
										23-96-1 shall apply to these
					 regulations.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 140 - Waste and Materials Management › Subchapter 20 - Recycling and Special Waste › Part 6 - Rules and Regulations for the Prohibited Release of Balloons › Section 250-RICR-140-20-6.5 - Enforcement and Penalty

Current through June 14, 2024
Any person that violates these regulations will be subject
					 to administrative penalties as set forth in R.I. Gen. Laws §
										23-96-2.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 140 - Waste and Materials Management › Subchapter 20 - Recycling and Special Waste › Part 6 - Rules and Regulations for the Prohibited Release of Balloons › Section 250-RICR-140-20-6.6 - Enforcement Jurisdiction

Current through June 14, 2024
Upon receipt of a reported violation, the Department may
					 investigate the alleged violations, and may initiate enforcement proceedings
					 before the Administrative Adjudication Division.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 140 - Waste and Materials Management › Subchapter 20 - Recycling and Special Waste › Part 6 - Rules and Regulations for the Prohibited Release of Balloons › Section 250-RICR-140-20-6.7 - Violations and Appeals

Current through June 14, 2024
Any person issued an administrative penalty by the
					 Department pursuant to this Rule may file an appeal in accordance with R.I.
					 Gen. Laws Chapter 42-17.7 and Part 10-00-1 of this Title (the "Rules and
					 Regulations for the Administrative Adjudication Division") by presenting a
					 written request for a hearing within twenty (20) days of the applicant's
					 receipt of the notice of the enforcement action. The written request must be
					 presented to the Clerk of the Administrative Adjudication
					 Division.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 140 - Waste and Materials Management › Subchapter 25 - Oil and Underground Tanks › Part 1 - Rules and Regulations for Underground Storage Facilities Used for Regulated Substances and Hazardous Materials › Section 250-RICR-140-25-1.1 - Purpose

Current through June 14, 2024
A. The purposes of these Rules and
				  Regulations are to:
1. Protect the air, soil,
				  and waters of the state, including groundwater, from pollution resulting from
				  the underground storage of regulated substances and hazardous
				  materials;
2. Establish procedures
				  and requirements for the assessment and remediation of sites contaminated due
				  to releases associated with the underground storage of regulated substances or
				  hazardous materials;
3. Implement a
				  system of registration of underground storage tank facilities;
4. Prevent releases from underground storage
				  tanks of regulated substances or hazardous materials by establishing siting,
				  design, installation and operating requirements for underground storage tank
				  (UST) systems;
5. Establish
				  facility leak detection and monitoring requirements and schedules for the early
				  detection of releases from underground storage tanks;
6. Require facility owners/operators to
				  guarantee the availability of sufficient resources to respond to and rectify
				  releases from underground storage tanks systems;
7. Establish fees and a schedule of payment
				  for such fees; and
8. Establish UST
				  closure procedures that provide for protection of human health and the
				  environment.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 140 - Waste and Materials Management › Subchapter 25 - Oil and Underground Tanks › Part 1 - Rules and Regulations for Underground Storage Facilities Used for Regulated Substances and Hazardous Materials › Section 250-RICR-140-25-1.2 - Authority

Current through June 14, 2024
These Rules and Regulations are promulgated pursuant to
					 R.I. Gen. Laws §§
										42-17.1-2(30),
					 42-17.1-2(31),
					 R.I. Gen. Laws Chapter 46-12, and in accordance with R.I. Gen. Laws Chapter
					 42-35.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 140 - Waste and Materials Management › Subchapter 25 - Oil and Underground Tanks › Part 1 - Rules and Regulations for Underground Storage Facilities Used for Regulated Substances and Hazardous Materials › Section 250-RICR-140-25-1.4 - Applicability

Current through June 14, 2024
A. The terms and provisions of these Rules
				  and Regulations shall be liberally construed to permit the Department to
				  effectuate the purposes of state law, goals, and policies.
B. General Applicability - Unless otherwise
				  noted, these regulations apply to all proposed, new and existing underground
				  storage tank facilities, at which a regulated substance and/or hazardous
				  material(s) is currently, or previously been, stored underground in a tank or
				  tank system; whether such facilities serve institutional, industrial,
				  commercial, educational, agricultural, governmental, residential or other
				  purposes; and whether such facilities or USTs located there upon, have been
				  abandoned; and to persons who owned or operated such facilities after May
				  1985.
C. Leak & Spill Response
				  - §
										1.14
				  of this Part shall apply to all facilities and the owners/operators thereof,
				  and any person having actual knowledge of a confirmed leak, spill or other
				  release. There are no exemptions to the responsibility to report a suspected or
				  confirmed leak or spill.
D.
				  Exempted Tanks
1. These regulations do not
				  apply to:
a. Equipment or machinery that
				  contains regulated substances for operational purposes such as hydraulic lift
				  tanks and electrical equipment tanks;
b. Storage tanks located entirely within
				  structures, such as a basement or cellar provided that:
(1) The structure allows for physical access
				  to the entire storage tank; and
(2)
				  The tank is situated upon or above the surface of a concrete floor;
c. Septic tanks;
d. Pipeline facilities regulated under 49
				  U.S.C. Chapter 601;
e. Flow through
				  process tanks;
f. Underground
				  storage tanks storing propane or liquefied natural gas;
g. Underground storage tanks used for the
				  temporary storage of raw materials or products by industry (so called
				  "intermittent" or "fill and draw" tanks);
h. Emergency spill protection and overflow
				  tanks;
i. Oil water separators with
				  a planned discharge required to be regulated under the Clean Water
				  Act.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 140 - Waste and Materials Management › Subchapter 25 - Oil and Underground Tanks › Part 1 - Rules and Regulations for Underground Storage Facilities Used for Regulated Substances and Hazardous Materials › Section 250-RICR-140-25-1.6 - Administrative Findings

Current through June 14, 2024
A. Approximately
				  25% of the population of Rhode Island depend upon groundwater as a sole or
				  principal source of water supply.
B. The principal groundwater resources of the
				  State are located in relatively thin, glacial deposits of stratified sand and
				  gravel that underlie about 1/3 of the State. These aquifers lie close to the
				  surface and are extremely vulnerable to contamination.
C. A number of small public and private water
				  users obtain water from till-covered, fractured bedrock aquifers throughout the
				  state. These aquifers are especially difficult to monitor and to reclaim once
				  contaminated.
D. A large portion of
				  the State's future water supplies will likely be developed from groundwater
				  sources due to the limited number of suitable sites for the construction of
				  surface water reservoirs.
E. The
				  effective protection of drinking water supplies requires a recognition that
				  groundwater and surface water systems are hydrogeologically interconnected and
				  contaminants may be transferred between such systems.
F. The growing number of groundwater
				  contamination incidents resulting from releases of regulated substances from
				  UST systems poses a serious threat to the environment and public
				  health.
G. As a release from a UST
				  poses a high risk to groundwater quality, the establishment of new tank
				  facilities in the state's most valuable aquifer areas, those being designated
				  wellhead protection areas pursuant to R.I. Gen. Laws Chapter 46-13.1 should be
				  restricted.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 140 - Waste and Materials Management › Subchapter 25 - Oil and Underground Tanks › Part 1 - Rules and Regulations for Underground Storage Facilities Used for Regulated Substances and Hazardous Materials › Section 250-RICR-140-25-1.7 - Facility Registration

Current through June 14, 2024
A. Applicability
1. All owners/operators of USTs shall comply
				  with the registration requirements of this rule unless otherwise exempted in
				  §
											1.4(D) of
				  this Part.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 140 - Waste and Materials Management › Subchapter 25 - Oil and Underground Tanks › Part 1 - Rules and Regulations for Underground Storage Facilities Used for Regulated Substances and Hazardous Materials › Section 250-RICR-140-25-1.8 - Financial Responsibility

Current through June 14, 2024
A. Applicability
1. This rule shall apply to all
				  owners/operators of regulated substance underground storage tank systems
				  required to register under this Part with the following exceptions:
a. USTs used solely for the storage of
				  heating or fuel oils consumed on the facility premises;
b. Farm or residential USTs with capacity of
				  1,100 gallons or less and used solely for the storage of motor fuel which is
				  not for resale; and
c. UST
				  facilities owned by the state, federal or municipal government which,
				  consistent with EPA requirements, have been deemed to be inherently capable of
				  meeting financial responsibility requirements.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 140 - Waste and Materials Management › Subchapter 25 - Oil and Underground Tanks › Part 1 - Rules and Regulations for Underground Storage Facilities Used for Regulated Substances and Hazardous Materials › Section 250-RICR-140-25-1.9 - The Rhode Island UST Financial Responsibility Fund

Current through June 14, 2024
A. Purpose and Scope
1. The purpose of the fund, established in
				  R.I. Gen. Laws Chapter 46-12.9, is to provide a mechanism to comply with
				  financial responsibility requirements listed in §
											1.8 of this Part and to
				  ensure that the environmental and public health impacts of leaks from USTs are
				  addressed in an effective and timely manner. The fund shall provide
				  reimbursement for the eligible costs incurred as a result of the release of
				  specific regulated substances from certain USTs or UST systems and for eligible
				  third-party claims. The fund will provide reimbursement of not more than
				  $1,000,000 per incident and up to $2,000,000 in the aggregate for eligible
				  costs.
2. This Section shall be
				  construed to be consistent with R.I. Gen. Laws Chapter 46-12.9 wherein said
				  chapter has established guidelines for reimbursement from the fund. Any
				  variance between these regulations and said chapter shall be controlled by said
				  chapter.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 140 - Waste and Materials Management › Subchapter 25 - Oil and Underground Tanks › Part 1 - Rules and Regulations for Underground Storage Facilities Used for Regulated Substances and Hazardous Materials › Section 250-RICR-140-25-1.10 - Minimum UST Operation and Maintenance Requirements

Current through June 14, 2024
A.
				  Applicability
1. This Section shall apply to
				  all existing UST systems, with the exception of those systems storing heating
				  oil of any grade for on-site consumption solely for heating purposes which are
				  exempt from §
											1.10(C), (D), (E), (G), (I), (J), (M), (N),
				  (O), (T), (U) of this Part. UST systems
				  storing heating oil of any grade for on-site consumption solely for heating
				  purposes at residential properties with less than 3 units are also exempt from
				  §
											1.10(F)
				  (4) of this Part.