2012 -- S 2395 SUBSTITUTE A

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LC01555/SUB A

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO HEALTH AND SAFETY - REFUSE DISPOSAL

     Introduced By: Senators Lombardo, Lanzi, Cote, Picard, and Sheehan

     Date Introduced: February 15, 2012

     Referred To: Senate Environment & Agriculture

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 23-18.9-14 of the General Laws in Chapter 23-18.9 entitled "Refuse

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Disposal" is hereby amended to read as follows:

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     23-18.9-14. Testing and analysis of air and water -- Environmental management

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district.-- (a) Applicability. - This section applies to all solid waste management

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facilities/activities regulated pursuant to this chapter that are undertaken within and in the vicinity

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of an area known as the environmental management district, located in the town of Johnston and

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the city of Cranston; the district is bounded by Plainfield Pike on the south; Peck Hill Road on the

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west; Central Avenue on the north; and I-295 on the east.

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      (b) On-site monitoring.

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      (1) The director of the department of environmental management (DEM), in consultation

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with the director of the department of health (DOH), is authorized to promulgate any rules and

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regulations that are necessary to require the development and implementation of onsite ambient

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air and water monitoring plans for all facilities/activities covered by this section. The regulations

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shall be promulgated no later than December 31, 2000, and shall be subject to the Administrative

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Procedures Act, chapter 35 of title 42. These regulations shall, at a minimum, provide for the

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following:

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      (i) Define the minimum criteria that shall require the development and implementation

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of an onsite ambient air and water monitoring plan;

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      (ii) Establish the time period that a facility/activity shall have to initially prepare an

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onsite ambient air and water monitoring plan and submit it to DEM for review;

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      (iii) Define the minimum content that shall be included in an onsite ambient air and

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water monitoring plan;

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      (iv) Establish the criteria that DEM shall use for review and approval of an onsite

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ambient air and water monitoring plan;

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      (v) Establish the criteria that DEM shall use for determining how long an approved

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onsite ambient air and water monitoring plan must remain in effect and the criteria for

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termination of an approved onsite ambient air and water monitoring plan; and

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      (vi) Define the process for public involvement in the development and review of onsite

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ambient air and water monitoring plans.

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      (2) The facility shall implement the outside ambient air and water monitoring plan within

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thirty (30) days of DEM approval. Data collected under onsite ambient air and water monitoring

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plans shall be evaluated by both DEM and DOH. DOH shall provide a written evaluation of this

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data to the host community(s), the facility(s), any oversight council or organization that focuses

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on the environmental management district, and any members of the public who request the

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evaluation.

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      (3) Should a facility not abide by the newly promulgated rules and regulations requiring

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a party to conduct an onsite ambient air and water monitoring plan, the director shall take

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enforcement action to compel those activities. The director may, at his or her discretion, prepare

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and implement an onsite ambient air and water monitoring plan for facilities that do not comply

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with the order. The facility shall be responsible to reimburse DEM for all costs, including interest,

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incurred in developing and implementing a plan.

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      (c) Offsite monitoring. - (1) If, upon the evaluation of data provided pursuant to

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subsection (b), the DEM and DOH directors jointly determine that any facility/activity is causing

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emissions of air or water pollutants at levels that could cause adverse health impacts, create

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objectionable or nuisance odors, or otherwise adversely impact human health or the environment,

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either individually or in conjunction with other sources in the surrounding community(s), the

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DEM director, in consultation with the DOH director, is authorized to require the

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facility(s)/activity(s) to develop and implement offsite ambient air and/or water monitoring plans

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within the environmental management district. Regulations governing the development and

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implementation of these offsite plans shall be promulgated in conjunction with, and subject to the

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same provisions as those authorized under subsection (b).

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      (2) Any facility subject to the offsite monitoring requirement shall implement the offsite

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ambient air and/or water monitoring plan within thirty (30) days of DEM approval. Data collected

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under offsite ambient air and/or water monitoring plans shall be evaluated by both DEM and

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DOH. DOH shall provide a written evaluation of this data to the host community(s), the

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facility(s), any oversight council or organization that focuses on the environmental management

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district, and any members of the public who request the evaluation.

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      (3) Should a facility not abide by the newly promulgated rules and regulations requiring

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a party to conduct an offsite ambient air and/or water monitoring plan, the director shall take

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enforcement action to compel those activities. The director may, at his or her discretion, prepare

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and implement an offsite ambient air and/or water monitoring plan for facilities that do not

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comply with the order. That facility shall be responsible to reimburse DEM for all costs,

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including interest, incurred in developing and implementing a plan.

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     (d) Ambient monitoring. In addition to any off-site monitoring required pursuant to

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subsection (c) above, Rhode Island Resource Recovery Corporation shall establish and operate an

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off-site ambient air monitoring network consisting of not less than four (4) monitoring locations,

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three (3) of which shall be located in Johnston and one of which shall be located in Cranston. The

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objective of the monitoring network shall be to continuously monitor ambient air for the presence

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of odorous contaminants from landfill gas. Wind speed and wind direction shall also be recorded

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continuously at the monitoring locations. The locations of said monitors shall be determined by

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the department of environmental management, in consultation with the host community of the

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subject monitor. The contaminants of concern to be monitored and the methodology of

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monitoring shall be determined by the department of environmental management, in consultation

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with the department of health. Results from monitoring shall be submitted to the department of

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environmental management, the department of health, the town of Johnston, the city of Cranston,

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and posted on a publicly accessible page on the Rhode Island Resource Recovery Corporation

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website for reference by the public. All costs of purchasing, installing, and operating the

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monitoring network shall be paid by Rhode Island Resource Recovery Corporation.

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     SECTION 2. Ambient monitoring pursuant to the act shall continue until December 31,

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2022. The director of the department of environmental management and the director of the

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department of health shall report an evaluation of all data collected pursuant to this act to the

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general assembly on or before December 31, 2020. After evaluation of data provided pursuant to

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section 23-18.9-14.1, if the director of the department of environmental management and the

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director of the department of health jointly determine that any facility/activity is causing

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emissions of air or water pollutants at levels that could cause adverse health impacts, have created

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objectionable or nuisance odors, or otherwise have adversely impacted human health or the

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environment, either individually or in conjunction with other sources in the surrounding

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community(ies), then the director of the department of environmental management, in

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consultation with the director the department of health is authorized to require the

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facility(ies)/activity(ies) to maintain ambient monitoring until December 31, 2032 or until said

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evaluation of data shows that such facility(ies)/activity(ies) would not impact human health or

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environment as stated herein.

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     SECTION 3. This act shall take effect upon passage.

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LC01555/SUB A

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO HEALTH AND SAFETY - REFUSE DISPOSAL

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     This act would require the Rhode Island Resource Recovery Corporation to establish an

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off-site air quality monitoring system.

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     This act would take effect upon passage.

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LC01555/SUB A

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