2015 -- H 5740

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO HEALTH AND SAFETY -- RESIDENTIAL MINING SAFETY

     

     Introduced By: Representative Blake Anthony Filippi

     Date Introduced: February 26, 2015

     Referred To: House Health, Education & Welfare

     (by request)

It is enacted by the General Assembly as follows:

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     SECTION 1. Title 23 of the General Laws entitled "HEALTH AND SAFETY" is hereby

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amended by adding thereto the following chapter:

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CHAPTER 94

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RESIDENTIAL MINING SAFETY

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     23-94-1. Short title. – This act shall be known and may be cited as the "Residential

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Mining Safety Act."

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     23-94-2. Findings. – The legislature finds:

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     (1) That residential mining poses a risk to the health, safety and welfare of residential

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areas and school facilities, including, but not limited to, contamination of water supplies,

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contamination of air resources, and injury from blasting and noise pollution.

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     (2) That the enactment of this chapter is required to ensure residential mining operations

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peacefully and safely coexist with adjacent residential areas and school facilities.

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     23-94-3. Definitions. – (a) "DEM" means the Rhode Island department of environmental

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management.

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     (b) "Fire Marshal" means the Rhode Island state fire marshal.

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     (c) "Residential Mining" means the commercial processing of sand, rock, gravel, soil,

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aggregate and any other organic or inorganic solid matter within one thousand feet (1,000') of a

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residential dwelling or school.

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     (d) "Processing" means extracting, drilling, blasting, tunneling, dredging, stripping,

 

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washing, cleaning, screening, crushing, filtering, sorting, stockpiling, and storing sand, rock,

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gravel, soil, aggregate and any other organic or inorganic solid matter.

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     (e) "Blasting" means to blow up or break apart with explosives.

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     23-94-4. Standards and criteria. – (a) By October 1, 2015, the director of the DEM

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shall adopt regulations as standards for residential mining, excluding those duties of the state fire

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marshal as specified in subsection (b)(2) of this section. The standards and criteria shall include:

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     (1) Setbacks or buffers for processing.

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     (2) Setbacks or buffers for processing from ordinary high water levels, wetlands, water

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supplies and wellhead protection areas.

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     (3) Hours of operation.

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     (4) Groundwater and surface water quality and quantity monitoring and mitigation plan

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requirements.

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     (5) Air monitoring and data submission requirements.

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     (6) Dust control requirements.

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     (7) Respirable dust control requirements of particles of ten (10) micrometers or less.

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     (8) Operational decibel levels.

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     (9) Noise testing and mitigation plan requirements.

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     (10) Inspection requirements.

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     (11) Containment requirements for chemicals used in mining and blasting.

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     (12) Financial assurance requirements.

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     (b) By October 1, 2015, the state fire marshal shall adopt regulations as standards and

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criteria for blasting in residential mining operations. The standards and criteria shall include:

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     (1) Limits on the total magnitude of blasts.

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     (2) Limits on the weather conditions when blasting may occur.

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     (3) Hours when blasting may occur.

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     (4) Blasting notification requirements for neighbors, the state fire marshal and local

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authorities.

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     (5) Blasting monitoring plan requirements.

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     23-94-5. Pre-existing uses. -- Any operation subject to the provisions of this chapter that

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is pre-existing at the date of enactment is not exempt from this chapter's provisions and the rules

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and regulations enacted thereto.

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     23-94-6. Severability. -- If any provision of this chapter or of any rule or regulation

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made thereunder, or the application thereof to any person or circumstance, is held invalid by a

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court of competent jurisdiction, the remainder of the chapter, rule, or regulation and the

 

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application of such provision to other persons or circumstances shall not be affected thereby. The

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invalidity of any section or sections or parts of any section or sections of this chapter shall not

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affect the validity of the remainder of the chapter.

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     23-94-7. Construction of chapter. -- This chapter shall be construed liberally in aid of

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its declared purpose, which purpose is that residential mining operations peacefully and safely

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coexist with adjacent residential areas and school facilities.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO HEALTH AND SAFETY -- RESIDENTIAL MINING SAFETY

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     This act would direct the department of environmental management and the state fire

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marshal to regulate mining and blasting near residential areas and schools.

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     This act would take effect upon passage.

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