Chapter 446

2006 -- H 7896 SUBSTITUTE A

Enacted 07/07/06

A N A C T

RELATING TO TOWNS AND CITIES -- STORM DRAIN MAINTENANCE

Introduced By: Representatives Palumbo, Jacquard, Lima, Ucci, and Mumford

Date Introduced: March 15, 2006

It is enacted by the General Assembly as follows:

     SECTION 1. Title 45 of the General Laws entitled "TOWNS AND CITIES" is hereby

amended by adding thereto the following chapter:

CHAPTER 61.1

STORM DRAINAGE SYSTEM MAINTENANCE

45-61.1-1. Purposes. -- The purposes of this chapter are to:

(1) Require, at a minimum, the annual inspection of and if necessary the annual cleaning

and maintenance of storm drainage systems that are prone to flooding in order to reduce the risks

of flooding and roadway degradation, and the deposition of sediments and associated pollutants

into the state's waterways;

(2) Allow small municipal separate storm sewer systems in partnership with the

department of transportation to designate storm drainage systems that are prone to flooding and

would be subject to the requirements of this chapter;

(3) Provide an opportunity for public input during the storm drainage designation

process; and

(4) Authorize the department of environmental management to adopt regulations, as

necessary, to implement the provisions of this chapter.

45-61.1-2. Storm drainage system inspection. – (a) Storm drainage systems are herein

defined as catch basins, conveyance structures, and structural best management practices (BMPs)

used for peak flow mitigation and runoff control/containment, water quality improvement and/or

flood plain compensation.

(b) In accordance with the findings of section 45-61-2 and the purposes of this chapter,

all storm drainage systems that are part of a regulated small municipal separate storm sewer

system (small MS4), as defined in department of environmental management Rule 31(a)(5)(i) of

the RIPDES Regulations, shall be inspected at least once per year, except those storm drainage

systems that are not designated by the owner or operator of a regulated small MS4 pursuant to

subsection 45-61.1-3(b) as being prone to street flooding and/or contributing significantly to

storm water management problems. Storm drainage systems prone to flooding or contributing

significantly to storm water management problems shall be inspected at least once per year and

maintained and cleaned as necessary in order to reduce the risks of flooding and ensure proper

functioning of storm drain systems.

45-61.1-3. Stormwater management plans. -- (a) Pursuant to the United States

Environmental Protection Agency regulations requiring a storm water management program plan

for the "Phase II" stormwater management program, as defined in 40CFR 122.34, a regulated

small MS4 is required to prepare a storm water management program plan as a condition of its

general Rhode Island Pollutant Discharge Elimination System (RIPDES) permit for small MS4s.

In accordance with the provisions established in section 45-61.1-2, a regulated small MS4 with a

general RIPDES permit is required to modify its storm water management program plan to

provide for the annual inspection of designated storm drainage systems.

(b) A regulated small MS4 shall designate on or before March 10, 2007, those storm

drainage systems that are prone to street flooding and/or contribute significantly to storm water

management problems. Such designation shall be included as part of the public notification and

public input process defined in subsection (c) of this section.

(c) A regulated small MS4 that modifies its storm water management program plan to

implement the purposes of this chapter shall provide public notification of any such modifications

and must provide an opportunity for public input at a public meeting prior to submitting the

modifications to the department of environmental management on or before March 10, 2007;

notice and meeting requirements herein set forth shall conform with the provisions of chapter 42-

46 entitled "Open Meetings".

(d) Pursuant to the provisions of subsection 45-61.1-2(b), the first annual inspection(s)

shall be completed no later than March 10, 2008.

45-61.1-4. Department of environmental management. – The department is hereby

authorized, as necessary, to modify the basic requirements of the general RIPDES permit for

regulated small MS4s to implement the provisions contained in sections 45-61.1-1 through 45-

61.1-3. The department may amend its regulations, as necessary, to bring the general RIPDES

permit program for regulated small MS4s into consistency with the requirements of this section.

     SECTION 2. This act shall take effect upon passage.

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LC02737/SUB A/2

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