Chapter 034
2012 -- H 7485
Enacted 04/13/12
A N A C T
RELATING TO
STATE AFFAIRS AND GOVERNMENT - DEPARTMENT OF
ENVIRONMENTAL
MANAGEMENT
Introduced By: Representative Arthur Handy
Date Introduced: February 09, 2012
It is enacted by the
General Assembly as follows:
SECTION 1. Purpose and findings. –
The general assembly finds and declares:
(1)
The ability of the department of environmental management to comply with
statutory
requirements that establish protocols and procedures to govern its
programs is critical to ensuring
the optimal performance of the department and its
programs;
(2)
Statutes governing the department of environmental management and its programs
are
outdated or are no longer applicable to the functions and
mission of the department.
(3)
It is essential that the state ensure the department of environmental
management’s
activities, functions, programs, and services meet the needs of
effective and efficient in achieving the department’s mission.
SECTION 2. Section 5-51-2 of the General Laws in Chapter
5-51 entitled "
State Board of Examiners of
Landscape Architects" is hereby amended to read as follows:
5-51-2. Board --
Creation -- Composition -- Appointment, terms, and qualifications
of members -- Duties -- Compensation. -- (a) (1) There is established
a state board of landscape
architects which consists of seven (7) members.
(2) On May 19, 1975,
the governor shall appoint one member to serve until the first day
of February, 1976, or until his or her successor is
appointed and qualified; one member to serve
until the first day of February, 1977, or until his or her
successor is appointed and qualified; one
member to serve until the first day of February, 1978, or
until his or her successor is appointed
and qualified; one member to serve until the first day of
February, 1979, or until his or her
successor is appointed and qualified; and one member to serve
until February, 1980, or until his
or her successor is appointed and qualified.
(3) Upon completion of
the original term the terms of members identified in subdivision
(2) of this subsection shall
be for five (5) years.
(4) One member of the
board shall be from the general public; and one member shall be
from the state department of environmental management. Those members.
This member shall
serve for terms of five (5) years.
(5) Three (3)
members Four (4) members of the board shall be landscape architects
whose residences and principal places of business shall be
within this state, who have been
actively engaged in the practice of landscape architecture
within this state. The original
appointees to the board do not need to be registered but engaged
in the practice of landscape
architecture for a minimum of four (4) years.
(6) The governor may
remove any member from office for misconduct, incapacity or
neglect of duty.
(b) During the month of
July of each year, the board shall elect from its members a
chairperson and a vice chairperson.
(c) The secretary of
the board shall keep a true and complete record of all proceedings of
the board and shall aid in the enforcement of this
chapter.
(d) The board may make
all necessary regulations and bylaws not inconsistent with this
chapter.
(e) In carrying into
effect the provisions of this chapter, the board may subpoena
witnesses and compel their attendance and may require the
production of books, papers, and
documents in any proceeding involving the revocation of
registration, or practicing or offering to
practice without registration.
(1) Any member of the
board may administer oaths or affirmations to witnesses
appearing before the board.
(2) If any person fails
to appear in response to that process, or if, having appeared in
obedience to the process, he or she refuses to answer any
pertinent questions put to him or her by
any member of the board or its counsel, he or she, upon
presentation of those facts to the superior
court, shall be subject to any fines and penalties that
might be imposed by this court if that failure
or refusal occurred in any civil action pending in that
court.
(f) The board may
establish a procedure for complaints concerning any licensed or
certified landscape architects.
(g) The board shall
establish procedures and programs in conjunction with the
department of environmental management and may annually publish
a report of its activities,
operations, and recommendations.
(h) Members of the
board shall not be compensated for meetings attended.
SECTION 3. Chapter 42-110 of the General Laws entitled
"Chemical Purchasing Act" is
hereby repealed in its entirety.
CHAPTER
42-110
Chemical
Purchasing Act
42-110-1.
Short title. -- This act shall be
known as the "Chemical Purchasing Act".
42-110-2.
Definitions. -- (a) "Chemical
purchasing license" means a license for
purchasing defined chemicals which is issued when the department
has determined the applicant
has a valid waste water pretreatment system, as evidenced
by a copy of the pre-treatment permit
issued by and a copy of a current certificate of approval
and operability issued by the
municipality or other entity whose sewage works potentially
receives the effluent from the
applicant's pretreatment system.
(b) "Defined
chemicals" means and includes cyanide as potassium cyanide or sodium
cyanide, nickel sulfate or nickel chloride and soaps and
cleaning agents used in association with
the processes described in subsection (d).
(c)
"Department" as used in this chapter means the department of
environmental
management.
(d) "Metal
finishing" as used in this chapter includes those persons, firms, or
corporations that are subject to pretreatment standards
established by the local sewer authority,
Rhode Island department of environmental management and/or the
United States Environmental
Protection Agency and who conduct one or more of the
following processes: electroplating,
electroless plating, coatings, anodizing, etching and chemical
milling, barrel finishing or tumbling
which includes vibratory and related wet process mass
finishing, burnishing, cleaning, or printed
circuit board manufacturing.
(e) "Valid
waste water pretreatment plant" means that the person, firm, or
corporation
has a pretreatment capability which meets the standards
established by the local sewer authority,
Rhode Island department of environmental management and/or United
States Environmental
Protection Agency in its regulation entitled
"categorical pretreatment for the electroplating and
metal finishing category", and holds a valid industrial
waste water discharge permit.
42-110-3.
Chemical purchasing license. -- No
person, firm, or corporation shall enter
into, engage in, or work at the business of metal
finishing without first obtaining a chemical
purchasing license issued by the department which shall permit
the licensee to purchase, receive
or use defined chemicals.
42-110-4.
Rules. -- The department shall
establish rules for the administration of the
chemical purchasing license.
42-110-5.
License fees. -- A fee of two
hundred dollars ($200) shall be paid by each
applicant for a chemical purchasing license. The license is
valid for one year and may be renewed
annually by the department for a fee of two hundred dollars
($200). A restricted fund within the
general fund called the "chemical purchase license
fund" is created to receive all license and
renewal fees under this chapter. All moneys placed in the
fund shall be made available
immediately, and are specifically appropriated to the department
of environmental management
or its successor agency for the purposes of this chapter,
including administrative costs.
42-110-6.
Preservation of application. --
Applications for licenses under the provisions
of this chapter shall be preserved for at least three
(3) years after which time they may, at the
discretion of the department, be destroyed.
42-110-7.
Licenses not transferable. -- No
license issued under the provisions of this
chapter is assignable or transferable. Licenses issued under this
chapter may, after a hearing, be
suspended or revoked upon failure or refusal of the licensee to
comply with the rules and
requirements of the department or for other sufficient cause.
42-110-8.
Penalties. -- Any person who
violates the provisions of this chapter, or who in
concert with others acts to violate the provisions of this
chapter, by purchasing or receiving
defined chemicals for metal finishing purposes without a
license, is subject to a civil penalty of
not more than ten thousand dollars ($10,000) for each day
during which the violation occurs, and
loss of license for one year.
42-110-9.
Application. -- This chapter does not
require chemical distributers, chemical
manufacturers, or refiners to obtain a chemical purchasing license.
SECTION 4. This act shall take effect upon passage.
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LC01429
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