Chapter 168

2018 -- H 7794 Enacted 07/02/2018

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

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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LC004914

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