2018 -- H 7794

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LC004914

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2018

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A N   A C T

RELATING TO FISH AND WILDLIFE - SHELLFISH GROUNDS

     Introduced By: Representatives McEntee, Craven, Handy, and Knight

     Date Introduced: February 28, 2018

     Referred To: House Environment and Natural Resources

     (Department of Environmental Management)

It is enacted by the General Assembly as follows:

     SECTION 1. Section 20-8.1-4 of the General Laws in Chapter 20-8.1 entitled "Shellfish

Grounds" is hereby amended to read as follows:

     20-8.1-4. Factors considered in determining polluted areas.

     In making a determination that an area is polluted, the director shall take into

consideration ensure consistency with the requirements of the National Shellfish Sanitation

Program one or more of the following matters as they apply: the volume of sewage that may

affect the area; the dilution of that sewage by clean water; the distance of the area from sources of

pollution; the "most probable number" of fecal coliform bacteria found upon examining the water

from the area, in accordance with the National Shellfish Sanitation Programs Manual of

Operations exceeds 14 per one hundred milliliters (100 ml) of water, for a three-tube (3) decimal

dilution test, or exceeds 49 per 100 ml of water for a three-tube (3) decimal dilution test for more

than ten percent (10%) of the samples. When necessary, for consistency with National Shellfish

Sanitation Program requirements The the director may declare an area to be polluted in the

absence of a "most probable number" of fecal coliforms monitoring data if the director has

evidence that significant volumes of raw sewage or inadequately purified sewage may reach the

area the area may become polluted. A review of the status of all the areas in the state shall be

made by the director on at least an annual basis.

     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 FISH AND WILDLIFE - SHELLFISH GROUNDS

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     This act would ensure compliance with the National Shellfish Sanitation Program.

     This act would take effect upon passage.

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