Title 46, Title 46 and Navigation

This chapter shall be known as the “Rhode Island Underground Storage Tank Financial Responsibility Act”.

Notwithstanding any other provisions of the law to the contrary, the Rhode Island underground storage tank financial responsibility act shall not be considered an insurance company or insurer under the laws of this state and shall not be a member of nor be entitled to claim again…

(a) There is hereby imposed an environmental protection regulatory fee of one cent ($0.01) per gallon payable of motor fuel, to be collected by distributors of motor fuel when the product is sold to owners and/or operators of underground storage tanks. Each distributor shall be r…

If any of the provisions of this chapter or the applicability thereof is held invalid by any court of competent jurisdiction, the remainder of these provisions of this chapter shall not be affected hereby.

The general assembly finds: (1) That a state administered underground storage tank (UST) clean-up fund is needed to provide an effective mechanism for USTs owners to comply with financial responsibility requirements and to insure that the environmental and public health impacts o…

When used in this chapter: (1) “Department” means the Rhode Island department of environmental management. (2) “Director” means the director of the department of environmental management, or his or her designee. (3) “Eligible costs” means costs, expenses, and other obligations as…

(a) There is hereby established the Rhode Island underground storage tank financial responsibility fund. (b) The fund shall consist of any funds that the state may, from time to time, appropriate, as well as money received as gifts, grants, bequests, donations, or other funds fro…

(a) The purpose of the fund shall be to facilitate the clean-up of releases from leaking underground storage tanks, underground storage tank systems, including those located on sites in order to protect the environment, including drinking water supplies and public health. (b) The…

(a) In order to be eligible for reimbursement from the fund for eligible costs, a responsible party must be subject to financial responsibility as required by the EPA (40 C.F.R. part 280 subpart H) and: (1) Have substantially complied with all state regulatory requirements for un…

The department is hereby authorized to promulgate, implement, and amend regulations, in accordance with the provisions of chapter 35 of title 42, providing for the submission of claims to the fund and the timely disbursement of monies from the fund. Such regulations shall include…

Any person aggrieved by a decision on a claim submitted to the department may request a reconsideration hearing before the department of environmental management administrative adjudication division under the provisions of the regulations of that office and such regulations shall…

This chapter shall be known and may be cited as the “Rhode Island Groundwater Protection Act of 1985”.

The general assembly hereby recognizes and declares that: (1) Water is vital to life and comprises an invaluable natural resource which is not to be abused by any segment of the state’s population or its economy. It is the policy of this state to restore, enhance, and maintain th…

The following words and phrases shall have the meanings ascribed to them in this section, unless the context shall indicate another or different meaning or intent: (1) “Aquifer” means a geologic formation, group of formations, or part of a formation capable of yielding a signific…

(a) For the purpose of protecting existing, proposed, or potential drinking water supplies, the director shall conduct a survey of all groundwater sources and related groundwater aquifers, watersheds, and deep flow recharge areas. Upon completion of the survey, the director shall…

(a) The department of environmental management is hereby authorized to conduct a statewide groundwater protection study to include: (1) A complete and updated hydrogeologic study depicting the quantities and qualities of groundwater that could be available to specific areas for p…

If the provisions of this chapter or the application thereof to any person or circumstances is held invalid, any invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the…

It shall be the duty of the director to administer this chapter in accordance with the specific findings, powers, and authority granted herein and in accordance with the full powers and authority of the director as provided in chapters 17.1 of title 42 and 12 of this title.

(a) The director is hereby authorized to promulgate rules and regulations for the implementation of a wellhead protection program for public water supply wells that has received approval from the federal Environmental Protection Agency pursuant to § 1428 of the Federal Safe Drink…

For the purpose of this chapter: (1) “Building official” means the local building official authorized in accordance with § 23-27.3-107 or the state building code commissioner authorized in accordance with § 23-27.3-108.2, as applicable; (2) “Board” means the Rhode Island contract…

Nothing in this chapter shall be construed to affect or limit the duties and powers of the department of health as provided by law, in matters relating to the purity, potability, and safe guarding of well waters.

If any clause, sentence, paragraph, or part of this chapter shall for any reason be adjudged by any court of competent jurisdiction to be invalid, that judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, se…

The purpose of this act is to promote public health and welfare and protect the environment by providing specifying standards for the installation of a well and providing a mechanism to ensure that all well drilling contractors conducting business in the state of Rhode Island hav…

(a) The Rhode Island building standards committee, pursuant to § 23-27.3-100.1.5 shall by no later than December 31, 2013, incorporate in the appropriate portions of the state building codes minimum standards for the location, design, construction and installation of wells that a…

(a) No person shall install a well or a pump within a water well unless registered or licensed with the proper authorities in accordance with this chapter, chapter 65 of title 5, and chapter 65.2 of title 5. Well drilling contractors are subject to the jurisdiction of the contrac…

Within ten (10) days after completion of a new or replacement well, a well drilling contractor shall provide the owner, the building official and the department of health a well installation report conforming to the form, content, and means specified by the department of health. …

A landowner may construct his or her own well to provide water for the consumption by himself or herself, his or her family, pets, livestock, or for farming of his or her land where the water obtained shall not be intended for use by the general public or in any residence other t…

No well in existence on July 1, 1987 shall be required to conform to the provisions of this chapter or any rules or regulations adopted pursuant thereto; provided any well now or hereafter abandoned, shall be brought into compliance with the regulations adopted pursuant to this c…

The findings and declarations made by § 46-15-1 are hereby made applicable to this chapter. The water resources board (corporate) under this chapter constitutes a body politic and corporate and a public instrumentality of the state having a distinct legal existence from the state…

(a) The board may borrow money for capital purposes under this chapter and for the purposes of chapter 15.3 of this title and issue its bonds therefor. Those purposes may include all costs (whether incurred prior to or after the issue of bonds or notes hereunder) of purchase or l…

(a)(1) In the discretion of the board, any bonds or notes issued by it may be secured by a trust agreement between the board and a corporate trustee, which may be any trust company or bank whose principal office is within or without the state. The trust agreement or the resolutio…

All money received by the board under this chapter, whether as proceeds from the sale of bonds or notes or as revenues or otherwise, shall be deemed to be trust funds to be held and applied solely as provided in this chapter.

Any holder of bonds or notes issued under this chapter or of any of the coupons appertaining thereto, and the trustee under a trust agreement or resolution securing the same, except to the extent the rights herein given may be restricted by the trust agreement or resolution, may …

(a) The exercise of the powers granted by this chapter shall be in all respects for the benefit of the people of the state, and for the improvement of their health and living conditions, and the purchase, lease, operation, and maintenance of projects by the board under this chapt…

Bonds and notes issued by the board hereunder are hereby made securities in which all public officers and public bodies of the state and its political subdivisions, all insurance companies, banks, trust companies, banking associations, investment companies, savings institutions, …

Notwithstanding any of the foregoing provisions of this chapter or any recitals in any bonds and notes issued by the board hereunder, all the bonds and notes shall be deemed to be negotiable instruments under the laws of the state and investment securities under the Uniform Comme…

(a) The board may issue refunding bonds for the purpose of paying any of its bonds issued hereunder at maturity or upon acceleration or redemption. The refunding bonds may be issued in sufficient amounts to pay or provide the principal of the bonds being refunded, together with a…

If the board shall be dissolved all funds of the board not required for the payment of bonds shall be paid to the general treasurer for the use of the state, and all property belonging to the board shall be vested in the state and delivered to it.

Insofar as the provisions of this chapter are inconsistent with the provisions of any other law or ordinance, general, special or local, or of any municipal charter or of any rule or regulation of the state or any municipality, the provisions of this chapter shall be controlling.

The state does hereby pledge to and agree with the holders of any bonds issued by the board pursuant to this chapter that the state will not alter or limit the rights hereby vested in the board to fulfill the terms of any agreement made with or for the benefit of the holders of b…

(a) If any provision of this chapter shall be held invalid in any circumstance, the invalidity shall not affect any other provisions or circumstances. (b) This chapter shall be construed in all respects so as to meet all constitutional requirements. In carrying out the purposes a…

Notwithstanding the foregoing, no provision of this chapter, nor any language contained therein, shall allow or permit any funds, proceeds, revenues, or other sums of money derived by, through, or from the issuance of revenue bonds as authorized under this chapter, to be used for…

The Rhode Island water resources board, established pursuant to this chapter and chapter 15 of this title, shall be the only designated agency which will administer those lands acquired for the Big River Reservoir as established under section 23 of chapter 133 of the Public Laws …

(a) There is hereby authorized, created and established a water resources board consisting of fifteen (15) members as follows: (1) Eleven (11) members shall represent the public and shall be appointed by the governor with the advice and consent of the senate as herein provided; (…

(a) Each public member of the board, before entering upon his or her duties, shall take an oath to administer the duties of his or her office faithfully and impartially, and the oath shall be filed in the office of the secretary of state. (b) No member of the board shall be in th…

Forthwith, and upon the enactment of this chapter, and annually in the month of March, thereafter, the board shall elect one of its public members as chairperson, one of its public members as vice chairperson, and shall also elect a secretary either from its membership or its tec…