It is enacted by the General Assembly as follows:

SECTION 1. Sections 46-12-1, 46-12-2, 46-12-3 and 46-12-28 of the General Laws in Chapter 46-12 entitled "Water Pollution" are hereby amended to read as follows:

{ADD 46-12-1. Definitions. -- ADD} As used in this chapter the following terms shall, where the context permits, be construed as follows:

(a) The term "boat" means any vessel or water craft whether moved by oars, paddles, sails, or other power mechanism, inboard or outboard, or any other vessel or structure floating upon the water whether or not capable of self locomotion, including house boats, barges and similar floating objects.

(b) The term "director" shall be held to mean the director of the department of environmental management or any subordinate or subordinates to whom the director has delegated the powers and duties vested in him or her by this chapter.

Wherever reference is made in this chapter to any order of the director and the order shall have been modified by the court, the order referred to shall be taken to be the order of the director as so modified.

(c) The term "discharge" means the addition of any pollutant to the waters from any point source.

(d) The term "effluent limitation" means any restriction or prohibitions, established in accord with the provisions of this chapter or under the federal Clean Water Act, [33 USC Section 1251 et seq.] on quantities, rates, and concentrations of chemical, physical, biological, radiological, and other constituents which are discharged into the waters.

(e) The term "fecal coliform bacteria" means organisms within the intestines of warm-blooded animals that indicate the presence of fecal material, and the potential presence of organisms capable of causing disease in humans.

(f) The term "groundwaters" shall include all underground waters of whatever nature.

(g) The term "Marine Sanitation Device-Type I" means a marine toilet which, under prescribed test conditions, will produce an effluent that will not exceed a fecal coliform bacteria count of one thousand (1,000) parts per one hundred (100) milliliters and have no visible solids.

(h) The term "Marine Sanitation Device-Type II" means a marine toilet which, under prescribed test conditions will produce an effluent that does not exceed a fecal coliform bacteria count of two hundred (200) parts per one hundred (100) milliliters, and have suspended solids not greater than one hundred and fifty (150) milligrams per liter.

(i) The term "Marine Sanitation Device-Type III" means a marine toilet which is designed to prevent the discharge from the boat of any treated or untreated sewage, or any waste derived from sewage.

(j) The term "marine toilet" means any toilet on or within any boat as that term is defined herein.

(k) The term "no discharge zone" means an environmentally sensitive area of the waters of the state which has been declared by the department of environmental management pursuant to the Clean Water Act to be an area in which any discharge of sewage is prohibited.

(l) The term "person" shall include an individual, trust, firm, joint stock company, corporation (including a quasi-government corporation) partnership, association, syndicate, municipality, municipal or state agency, fire district, club, non-profit agency, or any subdivision, commission, department, bureau, agency, or department of state or federal government (including any quasi-government corporation) or of any interstate body.

(m) The term "point source" means any discernible, confined, and discreet conveyance, including but not limited to any pipe, ditch, channel, tunnel, conduit, well, discreet fissure, container, rolling stock, concentrated animal feeding operation, or vessel or other floating craft from which pollutants are or may be discharged. This term does not include return flows from irrigated agriculture.

(n) The term "pollutant" means any material or effluent which may alter the chemical, physical, biological, or radiological characteristics and/or integrity of water, including but not limited to, dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, cellar dirt or industrial, municipal, agricultural, or other waste, petroleum or petroleum products, including but not limited to oil.

(o) The term "polluting" shall be held to mean the causing of pollution.

(p) The term "pollution" means the man-made or man-induced alteration of the chemical, physical, biological, and radiological integrity of water.

(q) The term "publicly owned treatment works" means any facility for the treatment of pollutants owned by the state or any political subdivision thereof, municipality, or other public entity, including any quasi-government corporation.

(r) The term "schedule of compliance" means a schedule of remedial measures including an enforceable sequence of actions, or operations, leading to compliance with an effluent limitation or any other limitation, prohibition, or standard.

(s) The term "sewage" means fecal material and human waste, or wastes from toilets and other receptacles intended to receive or retain body waste, and any wastes, including wastes from human households, commercial establishments, and industries, and storm water runoff, that are discharged to or otherwise enter a publicly owned treatment works.

(t) The term the "Clean Water Act" refers to the federal law enacted under 33 U.S.C. section 1251 et. seq., and all amendments thereto.

(u) The term "underground storage tank" shall mean any one or combination of tanks (including underground pipes connected thereto) which is used to contain an accumulation of petroleum products or hazardous materials, and the volume of which (including the volume of the underground pipes connected thereto) is ten percent (10%) or more beneath the surface of the ground.

(v) The term "waters" shall include all surface waters including all waters of the territorial sea, tidewaters, all inland waters of any river, stream, brook, pond, or lake, and wetlands {ADD , as well as all groundwaters ADD} .

{ADD (w) The term "release" shall mean any spilling, leaking, pumping, pouring, emitting, emptying, injecting, escaping, leaching, dumping, or disposing of any pollutant into a surface water or wetland, or onto or below the land surface. ADD}

{ADD 46-12-2. Administration. -- ADD} (a) It shall be the responsibility of the director of environmental management to administer this chapter. Within the department of environmental management, the director may employ personnel who shall come within the classified service in accordance with the laws of this state for the purposes of this chapter, and may delegate to a subordinate or subordinates any or all the powers and duties vested in the director hereunder. The general assembly shall annually appropriate such sums as it may deem necessary for the expenses of administering this chapter.

(b) The department of environmental management is hereby designated as the state water pollution control agency for this state for all purposes of the Clean Water Act, as amended [33 U.S.C. 1251], and is hereby authorized to take all action necessary or appropriate to secure to this state the benefits of that act.

(c) The department of environmental management is hereby designated to operate the underground injection control program under the federal Safe Drinking Water Act, as amended, [42 U.S.C. 300f, et seq.], and is hereby authorized to take all action necessary or appropriate to secure to this state the benefits of that program.

{ADD (d) The department of environmental management is hereby designated to administer the wellhead protection program as approved by the federal environmental protection agency and in accordance with the federal Safe Drinking Water Act, as amended [42 U.S.C. 300F et seq.] and is hereby authorized to take all actions necessary or appropriate to secure to this state the benefits of that program. The department of environmental management shall cooperate and coordinate wellhead protection program activities with the department of health public drinking water supply program.

(e) The department of environmental management is hereby designated to administer the underground storage tank program as approved by the federal environmental protection agency pursuant to the Resource Conservation and Recovery Act, as amended, [42 U.S.C. 6901, et seq.] and is hereby authorized to take all necessary or appropriate actions to secure to this state the benefits of this program, including participation via cooperative agreement with the environmental protection agency (EPA) in the leaking underground storage tank trust fund. ADD}

{ADD 46-12-3. Powers and duties of the director. -- ADD} In addition to the other powers granted the director of environmental management herein, the director shall have and may exercise the following powers and duties:

(a) To exercise general supervision of the administration and enforcement of this chapter and all rules and regulations and orders promulgated hereunder;

(b) To develop comprehensive programs for the prevention, control, and abatement of new or existing pollution of the waters of this state;

(c) To advise, consult, and cooperate with other agencies of the state, the federal government, other states, and interstate agencies and with affected groups, political subdivisions, and industries in the furtherance of the purposes of this chapter;

(d) To accept and administer loans and grants from the federal government and from other sources, public or private, for the carrying out of any of its functions, which loans and grants shall not be expended for other than the purposes for which provided;

(e) To encourage, participate in, or conduct studies, investigations, research, and demonstrations relating to water pollution and its causes, prevention, control, and abatement thereof as he or she may deem advisable and necessary for the discharge of his or her duties under this chapter;

(f) To collect and disseminate information relating to water pollution and the prevention, control, and abatement thereof;

(g) To promulgate standards of water quality adopted by the environmental standards board and to classify the waters of the state accordingly;

(h) To administer state grants to municipalities and political subdivisions for the construction of sewage treatment works;

(i) To hold hearings, to issue notices of hearings and subpoenas requiring the attendance of witnesses and the production of evidence, to administer oaths and to take testimony, that he or she may deem necessary;

(j) To approve, pursuant to standards adopted by the environmental standards board, the construction, modification, and operation of discharge systems or any parts thereof and to require the prior submission of plans, specifications, and other data relative to discharge systems and to require that the plans, specifications, or other data be certified by a professional engineer registered in Rhode Island and to inspect the systems either under construction or in operation;

(k) To issue a permit for the discharge of any pollutant or combination of pollutants or to issue a general permit authorizing a category of discharges within a geographical area upon conditions as may be necessary to carry out the purposes of this chapter and of the Clean Water Act [33 U.S.C. Section 1251 et seq.] which may include, but not be limited to, providing for specific effluent limitations and levels of treatment technology, monitoring, recording, and reporting standards, or to deny a permit or general permit;

(l) To renew, revoke, modify, or suspend in whole or in part any permit, order or schedule of compliance pursuant to the provisions of this chapter and any rules and regulations promulgated thereunder;

(m) To approve the discharge of pollutants into the waters of this state pursuant to standards adopted by the environmental standards board;

(n) To require publicly owned treatment works to adopt and implement requirements regarding the pretreatment of pollutants consistent with existing federal requirements and to require compliance by all persons with pretreatment requirements;

(o) To issue such orders as may be necessary to prevent the unauthorized construction, modification, or operation of discharge systems and the discharge of pollutants into the waters of this state;

(p) To require proper maintenance and operation of discharge systems;

(q) To consult the advisory council on environmental affairs on the policies and plans for the control and abatement of pollution;

(r) To make, issue, amend, and revoke reasonable rules and regulations for the prevention, control, and abatement of pollution and the enforcement of orders issued hereunder, including public notice and comment requirements;

(s) To exercise all incidental powers necessary to carry out the purposes of this chapter; and

(t) To approve the operation of treatment facilities, pursuant to the provisions of chapters 44-3, 44-11, and 44-18 of the general laws of Rhode Island;

(u) To promulgate and enforce rules and regulations to govern the location, design, construction, maintenance, and operation of underground storage facilities used for storing petroleum products or hazardous materials to prevent, abate, and remedy the discharge of petroleum products and hazardous materials into the waters of the state; provided that all underground storage tanks and associated piping installed after September 1, 1991 shall provide for secondary containment in a manner approved by the director; and provided that the installation of underground storage tanks is prohibited at sites located within wellhead protection areas {ADD for community water supply wells ADD} as designated by the director and consistent with chapter 46-13.1. This prohibition shall not apply to the replacement or upgrading of existing underground storage tanks installed prior to July 1, 1991, provided that such activity take place in accordance with all applicable state and federal regulations.

(v) To promulgate and enforce rules and regulations to govern the installation, construction, operation and abandonment of monitoring wells . DEL} {ADD ; and ADD}

{ADD (w) To promulgate and enforce rules and regulations to govern the location, design, installation, operation and maintenance of subsurface disposal systems which receive the discharge of pollutants and of subsurface containment systems, including underground storage tanks, used to contain or control the discharge of pollutants below the ground surface. ADD}

{ADD 46-12-28. Protection of groundwaters. -- ADD} Groundwaters shall be and shall be deemed to be waters of the state and shall be protected pursuant to the provisions of this chapter with respect to the following activities, which shall be regulated by the director in accordance with the provisions of this chapter {ADD and chapter 13.1 of title 46 ADD} :

{DEL (a) In-ground or surface discharge or disposal of industrial or commercial pollutants.

(b) Nonindustrial and non-commercial subsurface disposal systems only to the minimum extent required to conform to the requirements of the underground injection control program under the federal safe drinking water act, as amended, (42-U.S.C. section 300 f, et seq.) DEL}

{ADD (a) Discharge of pollutants onto or beneath the land surface; in a location where it is likely for the pollutants to enter the groundwaters of the state;

(b) Subsurface containment systems used to store wastewaters, petroleum products, hazardous materials or other pollutants;

(c) Facilities which treat or provide for disposal of petroleum products, hazardous materials, hazardous waste, solid waste or dredged material;

(d) Facilities with store bulk quantities of petroleum products, hazardous materials or hazardous waste;

(e) Facilities and activities which have caused or have the potential to cause a release of pollutants to groundwater;

(f) Activities undertaken to remediate groundwater quality. ADD}

SECTION 2. Sections 46-13.1-7 and 46-13.1-9 of the General Laws in Chapter 46-13.1 entitled "Groundwater Protection" are hereby amended to read as follows:

{ADD 46-13.1-7. Commission established. -- ADD} (a) There is hereby created a commission to be known as the clean drinking water and groundwater standards commission and whose purpose it shall be to review the entire field of ground water and drinking water quality standards.

(b) The commission shall be composed of one member of the house of representatives appointed by the speaker, one member of the senate appointed by the senate majority leader, the director of the department of the environmental management or his or her designee, the director of the department of health or his or her designee, the chairperson of the water resources board or his or her designee, seven (7) members of the academic community from local universities and colleges appointed by the governor representing the fields of medicine, hydrogeology, toxicology, environmental engineering, plant and soil science economics, and epidemiology, and three (3) members of the business community affected by this legislation, one appointed by the speaker of the house, one appointed by the senate majority leader, and one appointed by the governor.

(c) Forthwith, on June 26, 1986, the members of the commission shall meet at the call of the speaker of the house and organize. The speaker shall appoint a chairperson from among the members. The vice chairperson shall be elected by the membership of the commission on an annual basis. Vacancies shall be filled in like manner as the original appointment.

(d) The commission shall {ADD meet at least once annually and ADD} report its findings and recommendations to the general assembly annually on the second Wednesday of June.

{ADD 46-13.1-9. Wellhead protection. -- ADD} (a) The director is hereby authorized to promulgate rules and regulations for the implementation of a wellhead protection program for public water supply wells that has received approval from the federal Environmental Protection Agency pursuant to section 1428 of the {DEL General DEL} {ADD Federal ADD} Safe Drinking Water Act [42 U.S.C. s 300h-7] {ADD and provided that the state shall be responsible for fulfilling program requirements with respect to the state lands located within wellhead protection areas designated as supplying public wells which are owned by the state ADD} . The wellhead protection program shall include, but not be limited to:

(1) Identification of the rules and responsibilities of state agencies, local governments, and the {DEL supplies DEL} {ADD suppliers ADD} of public water in the development and implementation of the state wellhead protection program;

(2) Identification within each wellhead protection area of potential sources of contaminants that may have an adverse effect on the public health and environment;

(3) Management approaches at different levels of government and by the supplier to protect the groundwater within each wellhead protection area;

(4) Contingency plans for the response to well or wellfield contamination and for the provision of alternate drinking water supplies;

(5) A process of managing potential sources of contamination within the expected wellhead protection area of new public water supply wells {DEL . DEL} {ADD ; ADD}

{ADD (6) Delineation of wellhead protection areas. ADD}

(b) The director is authorized to require by regulation that municipalities and suppliers carry out action to implement items (3) through (5) in subsection (a) of this section. In the case of agricultural operations as defined in Section 2-23-4, the director will retain authority and responsibility for regulating, managing, and implementing approaches in wellhead protection areas.

SECTION 3. This act shall take effect upon passage.