It is enacted by the General Assembly as follows:

SECTION 1. This Act shall be referred to as the "Marine Infrastructure Maintenance Act of 1996."

SECTION 2. Sections 46-23-1, 46-23-2, 46-23-6 and 46-23-18 of the General Laws in Chapter 46-23 entitled "Coastal Resources Management Council" are hereby amended to read as follows:

46-23-1. Legislative findings -- Creation. -- (a) The general assembly recognizes and declares that the coastal resources of Rhode Island, a rich variety of natural, commercial, industrial, recreational, and aesthetic assets, are of immediate and potential value to the present and future development of this state; that unplanned or poorly planned development of this basic natural environment has already damaged or destroyed, or has the potential of damaging or destroying, the state's coastal resources, and has restricted the most efficient and beneficial utilization of these resources; that it shall be the policy of this state to preserve, protect, develop, and, where possible, restore the coastal resources of the state for this and succeeding generations through comprehensive and coordinated long range planning and management designed to produce the maximum benefit for society from these coastal resources; and that preservation and restoration of ecological systems shall be the primary guiding principle upon which environmental alteration of coastal resources will be measured, judged, and regulated.

(b) That effective implementation of these policies is essential to the social and economic well-being of the people of Rhode Island because the sea and its adjacent lands are major sources of food and public recreation, because these resources are used by and for industry, transportation, waste disposal, and other purposes, and because the demands made on these resources are increasing in number, magnitude, and complexity; and that these policies are necessary to protect the public health, safety, and general welfare. Furthermore, that implementation of these policies is necessary in order to secure the rights of the people of Rhode Island to the use and enjoyment of the natural resources of the state with due regard for the preservation of their values, and in order to allow the general assembly to fulfill its duty to provide for the conservation of the air, land, water, plant, animal, mineral, and other natural resources of the state, and to adopt all means necessary and proper by law to protect the natural environment of the people of the state by providing adequate resource planning for the control and regulation of the use of the natural resources of the state and for the preservation, regeneration, and restoration of the natural environment of the state.

(c) That these policies can best be achieved through the creation of a coastal resources management council as the principal mechanism for management of the state's coastal resources.

{ADD (d) The general assembly recognizes and declares that maintenance dredging is required to remove natural silt accumulations; Rhode Island has not had a general maintenance dredging policy and programs for ports, port facilities, channels, harbors, public and private marinas and boating facilities, recreational facilities and habitat areas other major coastal states have maintenance dredging policies and in-water maintenance dredge disposal sites; as a result of the lack of a general maintenance dredging policy and program and as a result there has been a decrease in the depth of the Providence Channel from forty-four (44) feet in 1971 to twenty-four (24) feet in 1996; (ii) navigational restrictions on ocean going vessels through the state's waterways and channels; and (iii) a decrease in the number of available slips and moorings at marinas throughout the state; and the lack of a maintenance dredging policy and programs have significant adverse environmental and economic effects on the state and therefor it is in the best interest of the state, the cities and towns of the state, and the citizens thereof for the state to have a general maintenance dredging policy and programs to resolve issues related to dredge maintenance and disposal and avoid future significant direct and indirect adverse impact on the environment and economy of the state.

(e) The coastal resources management council is hereby designated as the lead state agency for purposes of dredging in tidal waters and as such shall have the following duties and responsibilities:

(1) to coordinate the interests of the state with regard to dredging;

(2) to formulate and adopt a state policy with regard to dredging which integrates those interests;

(3) to cooperate with, negotiate, and to enter into agreements on behalf of the state with the federal government and with other public bodies and private parties with regard to dredging;

(4) to act as the initial and primary point of contact for all applications to the state for dredging projects in tidal waters;

(5) to develop, prepare, adopt pursuant to 46-23-11, implement, and maintain a comprehensive plan for dredge material management; and

(6) to cooperate and coordinate with the departments of environmental management, transportation, administration, and health, and the economic development corporation in the conduct of these duties and responsibilities. ADD}

46-23-2. Coastal resources management council created -- Appointment of members. -- (a) There is hereby created the coastal resources management council.

(1) The coastal resources management council shall consist of sixteen (16) members, two (2) of whom shall be members of the house of representatives, at least one of the members shall represent a coastal municipality, appointed by the speaker, two (2) of whom shall be members of the senate, each of whom shall represent a coastal municipality, appointed by the lieutenant governor, two (2) of whom shall be from the general public appointed by the speaker of the house for a term of two (2) years, two (2) of whom shall be from a coastal municipality appointed by the speaker of the house for a term of three (3) years.

(2) In addition, four (4) appointed or elected officials of local government appointed by the governor, one of whom shall be from a municipality of less than twenty-five thousand (25,000) population, appointed to serve until January 31, 1972, one of whom shall be from a coastal municipality of more than twenty-five thousand (25,000) population appointed to serve until January 31, 1973 and one of whom shall be from a coastal municipality of less than twenty-five thousand (25,000) population appointed to serve until January 31, 1974 and one of whom shall be from a coastal community of more than twenty-five thousand (25,000) population appointed to serve until January 31, 1975, the populations are to be determined by the latest federal census; all members shall serve until their successors are appointed and qualified; during the month of January, the governor shall appoint a member to succeed the member whose term will then next expire for a term of four (4) years commencing on the first day of February then next following and until his or her successor is named and qualified; each municipal appointment shall cease if the appointed or elected official shall no longer hold or change the office which he or she held upon appointment, and further, each appointee shall be eligible to succeed him or herself.

(3) Three (3) members shall be appointed by the governor from the public, with the advice and consent of the senate, one of whom shall serve until January 1, 1972, one of whom shall serve until January 1, 1973 and one of whom shall serve until January 1, 1974; the members and their successors shall represent a coastal community.

(4) All members shall serve until their successors are appointed and qualified; during the month of January the governor shall appoint, with advice and consent of senate, a member to succeed the members whose term will then next expire for a term of three (3) years commencing on the first day of February next following and until his or her successor is named and qualified. A member shall be eligible to succeed him or herself. No more than two (2) persons on the council shall be from the same community.

(5) Appointments shall first be made by the governor, then by the lieutenant governor, and then by the speaker. A vacancy other than by expiration shall be filled in like manner as an original appointment but only for the unexpired portion of the term. The commissioner of the environmental protection branch or his designee within the department of environment shall serve ex offico.

(b) In addition to the foregoing voting members, the council shall include a varying number of other members who shall serve in an advisory capacity without the right to vote and who shall be invited to serve by either the governor or the voting members. These advisory members shall represent the federal agencies such as the navy, coast guard, corps of engineers, public health service, and the federal water pollution control administration and such regional agencies as the New England river basins commission and the New England regional commission and any other group or interest not otherwise represented. The council shall have authority to form committees of other advisory groups as needed from both its own members and others.

{ADD (c) There shall be established a coastal resources advisory committee which committee, appointed by the executive director of the coastal resources management council, shall include, but not be limited to, representation from the following groups: one (1) of whom shall be a representative of the University of Rhode Island Graduate School of Oceanography and the College of Resources Development, one (1) of whom shall be a representative of the Sea Grant National College Program, one (1) of whom shall be a representative of the army corps of engineers, one (1) of whom shall be a representative of the federal environmental protection agency's Narragansett Bay laboratory, one (1) of whom shall be a representative of the coastal resources management council, one (1) of whom shall be the director of environmental management; one (1) of whom shall be a member of the Rhode Island Marine Trade Association and one (1) of whom shall be a representative of a regional environmental group. The council shall have the authority to appoint such additional members to said advisory committee as is deemed necessary or advisable by the advisory committee or the council. It shall be the responsibility of the committee to advise the coastal resources management council on environmental issues relating to dredging and permitting related thereto, including but not limited to those issues defined in sections 46-23-18.1--46-23-18.3, inclusive.

(d) The council shall have the authority to form committees of other advisory groups as needed from both its own members and others. ADD}

46-23-6. Powers and duties. -- In order to properly manage coastal resources the council shall have the following powers and duties:

(A) Planning and management.

(1) The primary responsibility of the council shall be the continuing planning for and management of the resources of the state's coastal region. The council shall be able to make any studies of conditions, activities, or problems of the state's coastal region needed to carry out its responsibilities.

(2) The resources management process shall include the following basic phases:

(a) Identify all of the state's coastal resources, water, submerged land, air space, fin fish, shellfish, minerals, physiographic features, and so forth.

(b) Evaluate these resources in terms of their quantity, quality, capability for use, and other key characteristics.

(c) Determine the current and potential uses of each resource.

(d) Determine the current and potential problems of each resource.

(e) Formulate plans and programs for the management of each resource, identifying permitted uses, locations, protection measures, and so forth.

(f) Carry out these resources management programs through implementing authority and coordination of state, federal, local, and private activities.

(g) Formulation of standards where these do not exist, and re-evaluation of existing standards.

{ADD (h) To develop comprehensive programs for dredging in tidal waters and related disposal, monitoring and transportation of dredge materials.

(i) 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 or grants shall not be expended for other than the purposes for which provided.

(j) To encourage, participate in, or conduct studies, investigations, research, and demonstrations relating to dredging, disposal of dredge materials and transportation thereof in the tidal waters of the state as the coastal resources management council may deem advisable and necessary for the discharge of its duties under this chapter.

(k) To collect and disseminate information relating to dredging, disposal of dredge materials and transportation thereof within the tidal waters of the state.

(l) To work with the appropriate federal and state agencies to develop a comprehensive plan for dredging in tidal waters and related disposal, monitoring and transportation of dredge materials.

(m) To apply for, accept and expend grants and bequests of funds, for the purpose of carrying out the lawful responsibilities of the coastal resources management council. ADD}

(3) An initial series of resources management activities shall be initiated through this basic process, then each phase shall continuously be recycled and used to modify the council's resources management programs and keep them current.

(4) Planning and management programs shall be formulated in terms of the characteristics and needs of each resource or group of related resources. However, all plans and programs shall be developed around basic standards and criteria, including:

(a) The need and demand for various activities and their impact upon ecological systems.

(b) The degree of compatibility of various activities.

(c) The capability of coastal resources to support various activities.

(d) Water quality standards set by the department of health {ADD environmental management ADD} .

(e) Consideration of plans, studies, surveys, inventories, and so forth prepared by other public and private sources.

(f) Consideration of contiguous land uses and transportation facilities.

(g) Whenever possible consistency with the state guide plan.

(B) Implementation.

(1) The council is authorized to formulate policies and plans and to adopt regulations necessary to implement its various management programs. Upon formulation of such plans and regulations, the council shall prior to adoption, submit the proposed plans or regulations to the director of the environment for the director's review. The director shall review and submit comments to the council within thirty (30) days of submission to the director by the council. The council shall consider the director's comments prior to adoption of any plans or regulations. {ADD With respect to such policies and plans which relate to matters where the coastal resources management council and the department of environmental management have concurrent jurisdiction and upon formulation of the plans and regulations, the council shall, prior to adoption, submit the proposed plans or regulations to the director of the environmental management for the director's review. The director shall review and submit comments to the council within thirty (30) days of submission to the director by the council. Consistent with section 46-23-1(e)(6), the council shall consider the director's comments prior to adoption of any plans or regulations. ADD}

(2) Any person, firm, or governmental agency proposing any development or operation within, above, or beneath the tidal water below the mean high water mark, extending out to the extent of the state's jurisdiction in the territorial sea shall be required to demonstrate that its proposal would not:

(i) Conflict with any resources management plan or program;

(ii) Make any area unsuitable for any uses or activities to which it is allocated by a resources management plan or program; or

(iii) Significantly damage the environment of the coastal region. The council shall be authorized to approve, modify, set conditions for, or reject any such proposal.

(3) The authority of the council over land areas (those areas above the mean high water mark) shall be limited to two hundred (200) feet from the coastal physiographic feature or to that necessary to carry out effective resources management programs. This shall be limited to the authority to approve, modify, set conditions for, or reject the design, location, construction, alteration, and operation of specified activities or land uses when these are related to a water area under the agency's jurisdiction, regardless of their actual location. The council's authority over these land uses and activities shall be limited to situations in which there is a reasonable probability of conflict with a plan or program for resources management or damage to the coastal environment. These uses and activities are:

(a) Power generating and desalination plants.

(b) Chemical or petroleum processing, transfer, or storage.

(c) Minerals extraction.

(d) Shoreline protection facilities and physiographical features, and all directly associated contiguous areas which are necessary to preserve the integrity of such facility and/or features.

(e) Coastal wetlands and all directly associated contiguous areas which are necessary to preserve the integrity of such wetlands. For the purpose of this chapter, a "coastal wetland" shall mean any salt marsh bordering on the tidal waters of this state, whether or not the tidal waters reach the littoral areas through natural or artificial watercourses, and those uplands directly associated and contiguous thereto which are necessary to preserve the integrity of that marsh. Marshes shall include those areas upon which grow one or more of the following: smooth cordgrass (spartina alterniflora), salt meadow grass (spartina patens), spike grass (distichlis spicata), black rush (juncus gerardi), saltworts (salcornia spp.), sea lavender (limonium carolinianum), saltmarsh bulrushes (scirpus spp.), hightide bush (iva frutescens), tall reed (phragmites communis), tall cordgrass (spartina pectinata), broadleaf cattail (typha latifolia), narrowleaf cattail (typha angustifolia), spike rush (eleocharis rostellata), chairmaker's rush (scirpus amercana), creeping bentgrass (agrostis palustris), sweet grass (hierochloe odorata), and wild rye (etlymus virginicus).

(f) Sewage treatment and disposal and solid waste disposal facilities.

(C) Coordination.

The council shall have the following coordinating powers and duties:

(1) Functioning as a binding arbitrator in any matter of dispute involving both the resources of the state's coastal region and the interests of two (2) or more municipalities or state agencies.

(2) Consulting and coordinating actions with local, state, regional, and federal agencies and private interests.

(3) Conducting or sponsoring coastal research.

(4) Advising the governor, the general assembly, and the public on coastal matters.

{ADD (5) Serving as the lead state agency and initial and primary point of contact for dredging activities in tidal waters and in that capacity, integrating and coordinating the plans and policies of other state agencies as they pertain to dredging in order to develop comprehensive programs for dredging as required by section 46-23-6(A)(2)(h). ADD}

(D) Operations.

The council shall be authorized to exercise the following operating functions, which are essential to management of coastal resources:

(1) Issue, modify, or deny permits for any work in, above, or beneath the areas under its jurisdiction, including conduct of any form of aquaculture.

(2) Issue, modify, or deny permits for dredging, filling, or any other physical alteration of coastal wetlands and all directly related contiguous areas which are necessary to preserve the integrity of the wetlands{ADD , including, but not limited to the transportation and disposal of dredge material in tidal waters ADD} .

(3) Grant licenses, permits, and easements for the use of coastal resources which are held in trust by the state for all its citizens, and impose fees for private use of these resources.

(4) Determining the need for and establishing pierhead, bulkhead, and harbor lines.

(5) Enforcing and implementing riparian rights in the tidal waters after judicial decisions.

(E) Rights-of-way.

(1) The council shall be responsible for the designation of all public rights of way to the tidal water areas of the state, and shall carry on a continuing discovery of appropriate public rights of way to the tidal water areas of the state.

(2) The council shall maintain a complete file of all official documents relating to the legal status of all public rights-of-way to the tidal water areas of the state.

(3) The council shall have the power to designate for acquisition, development, and posting and all other functions of any other department for tidal rights-of-way and land for tidal rights-of-way parking facilities and other council related purposes.

Further, the council shall have the power to develop and prescribe a standard sign to be used by the cities and towns to mark designated rights-of-way.

(4) In conjunction therewith every state department controlling state owned land close to or adjacent to discovered rights-of-way are authorized to set out the land, or so much thereof as may be deemed necessary for public parking.

(5) No such use of land for public parking shall conflict with existing or intended use of the land, and no improvement shall be undertaken by any state agency until detailed plans have been submitted to and approved by the governing body of the local municipality.

(6) In designating rights-of-way, the council shall consider the following matters in making its designation:

(a) Land evidence records;

(b) The exercise of domain over the parcel such as maintenance, construction, or upkeep;

(c) The payment of taxes;

(d) The creation of a dedication;

(e) Public use;

(f) Any other public record or historical evidence such as maps, and street indexes;

(g) Other evidence as set out in section 42-35-10.

(7) A determination by the council that a parcel is a right-of-way shall be decided by substantial evidence.

(8) The council shall be notified whenever by the judgment of the governing body of a coastal municipality, a public right of way to tidal water areas located in such municipality has ceased to be useful to the public, and such governing body proposes an order of abandonment of such public right of way. Said notice shall be given not less than sixty (60) days prior to the date of such abandonment.

(F) Pre-existing residential boating facilities.

(1) The council is hereby authorized and empowered to issue assent for pre-existing residential boating facilities constructed prior to January 1, 1985. These assents may be issued for pre-existing residential boating facilities, even though such facilities do not meet current standards and policies of the council, provided, however, that the council finds that such facilities do not pose any significant risk to the coastal resources of the state of Rhode Island and do not endanger human safety.

(2) In addition to the above criteria, the applicant shall provide clear and convincing evidence that:

(a) the facility existed in substantially the same configuration as it now exists prior to January 1, 1985;

(b) the facility is presently intact and functional; and

(c) the facility presents no significant threat to the coastal resources of the state of Rhode Island or human safety.

(3) The applicant, to be eligible for this provision, shall apply not later than January 31, 1996.

(4) The council is directed to develop rules and regulations necessary to implement this subsection (F).

(5) It is the specific intent of this subsection to require that all pre-existing residential boating facilities constructed on January 1, 1985 or thereafter conform to this chapter and the plans, rules and regulations of the council.

46-23-18. Dredging activities prohibited without permission of council. -- {ADD Prohibited activities. -- ADD} (a) No person, {ADD either as principal, agent or servant nor any ADD} firm, or corporation{ADD , or any other entity ADD} shall, without a permit issued by the coastal resources management council, dredge beneath the waters or construct a marina within two thousand feet (2000') of a shellfish management area as defined by rules and regulations of the department of environmental management. {ADD Such permit shall include any permit required under subsection (b). ADD}

(b) Any person, firm, or corporation desiring to conduct either of the activities specified in subsection (a) shall file an application with the coastal resources management council upon forms furnished by coastal resources management council.

(ii) The applicant shall bear the burden of proving that there will be no adverse impact upon the environment or natural resources of the state and the coastal resources management council shall be empowered to deny the application if the applicant does not demonstrate, in addition to the other requirements of this chapter, that the activity will not adversely affect any shellfish management area as designated by the department of the environment or the marine fisheries council.

{ADD (b) No person, either as principal, agent, or servant, or any firm, corporation or any other entity, shall, within the tidal waters of the state, conduct or cause to conduct dredging, transportation and/or disposal of dredge materials without a permit issued by the coastal resources managemnet council, a water quality certification issued by the department of environmental management pursuant to title 46, chapter 12 and any permit required by the army corps of engineers. In addition, no person, either as principal, agent, or servant, nor any firm, corporation or any other entity, shall dispose of dredge materials other than in tidal waters without any permit, approval or certification that may otherwise be required. ADD}

SECTION 3. Chapter 46-23 of the General Laws entitled "Coastal Resource Management Council" is hereby amended by adding thereto the following sections:

{ADD 46-23-18.1. Permitting. -- (a) Any person, either as principal, agent, or servant, or any firm, corporation or any other entity desiring to conduct any activity or activities specified in section 46-23-18 shall file an application for a permit with the coastal resources management council upon forms furnished by coastal resources management council.

(b) A hearing shall be held on the application within thirty (30) days of filing.

(c) The applicant shall bear the burden of proving that the activity or activities specified in the application will cause no significant adverse impact upon the environment or natural resources of the state, and the coastal resources managment council shall be empowered to deny the application if the applicant does not demonstrate, in addition to other requirements of this chapter, that the activity or activities will not (i) significantly adversely affect any shellfish management area as designated by the department of environmental management or the marine fisheries council; (ii) be in a significant conflict with the marine ecology within or adjacent to the state's territorial waters, or (iii) significantly harm or destroy exisitng fishing grounds.

(d) With respect to an application seeking a permit from the coastal resources management council to conduct or cause to conduct dredging, transportation and/or disposal of dredge material, the applicant shall also satisfy the council that the proposal in the application is consistent with a comprehensive program developed pursuant to section 46-23-6(A)(2)(h).

(e) In determining whether an applicant has met the burden of proof under section (c), the coastal resources management council shall apply standards that conform with the federal environmental protection agency's applicable standards and guidelines for the management of dredge materials, including but not limited to, the federal environmental protection agency's rules, regulations and guidelines for deviating from said standards.

(f) The applicant shall, at least three (3) days before commencing any dredging, give written notice to the coastal resources management council of the intent to commence the activities specified in the permit. ADD}

{ADD 46-23-18.2. Rules and regulations. -- The council, upon recommendation by the coastal resources advisory committee, shall issue reasonable rules and regulations governing the dredging, transporting and disposal of all dredge materials in accordance with chapter 23 of title 46. ADD}

{ADD 46-23-18.3. Sites for disposal of spoil from dredge operations, selection. -- (a) The council, upon recommendation of the coastal resources advisory committee, on or before the first day of January, 1997 and periodically thereafter as necessary, shall consistent with the comprehensive programs required in section 46-23-6(A)(2)(h) identify and establish one (1) or more in-water disposal sites to be used for the purpose of disposal of dredge materials from marinas and yacht clubs.

(b) The council, upon recommendation of the coastal resources adivsory committee, on or before the first day of January, 1998 and periodically thereafter as necessary, shall consistent with the comprehensive programs required in section 46-23-6(A)(2)(h) identify and establish one (1) or more in-water disposal sites to be used for the purpose of disposal of dredge materials from all sources not otherwise delineated in (a) above. ADD}

{ADD 46-23-18.4. Enforcement. -- The provisions of section 46-23-18 through 46-23-18.3 shall be enforced by the coastal resources management council. Nothing herein shall be deemed to abrogate the department of environmental management's authority to enforce its water quality standards adopted pursuant to section 46-12-3(g) or (x). ADD}

SECTION 4. Sections 46-12-3 and 46-12-5 of the General Laws in Chapter 46-12 entitled "Water Pollution" are hereby amended to read as follows:

46-12-3. Powers and duties of the director. -- 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 {ADD Except as otherwise provided in subsection (x) below, to ADD} 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 {ADD all applicable ADD} standards{ADD ; ADD} 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 3, 11, and 18 of title 44;

(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 for community water supply wells 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; and

(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 (x) In connection with the dredging and transportation and disposal of dredge material, to promulgate and adopt water quality standards that conform with the federal environmental protection agency's applicable water quality rules and regulations and guidelines, including but not limited to, the federal environmental protection agency's rules and regulations and guidelines for deviating from said standards. The department of environmental mangement shall also apply the applicable standards and guidelines and adopt the procedures as set forth in the manual identified as "Evaluation of Dredge Material for Purpose of Ocean Disposal. Testing Manual Put Together by EPA and Army Corps and Engineers in February, 1991" and any amendments or supplements or successor manuals thereto to the extent that the same are relevant to dredging, transportation and/or disposal of dredge materials in tidal waters or any documents or manuals approved by the federal environmental protection agency relating to dredging, transportation and/or disposal of dredge materials. ADD}

46-12-5. Prohibitions. -- (a) It shall be unlawful for any person, to place any pollutant in a location where it is likely to enter the waters or to place or cause to be placed any solid waste materials, junk, or debris of any kind whatsoever, organic or non organic, in any waters.

(b) It shall be unlawful for any person to discharge any pollutant into the waters except as in compliance with the provisions of this chapter and any rules and regulations promulgated hereunder and pursuant to the terms and conditions of a permit.

(c) It shall be unlawful to construct or install any industrial, commercial or other establishment, to make any modification thereto, or to undertake any development which may result in the discharge of any pollutant into the waters of the state, unless the discharge is made to a system or means to prevent pollution approved by the director.

{ADD (d) Notwithstanding (a) and (b) above, an applicant seeking a water quality certification from the department of environmental management in connection with the disposal of dredge material at a site as provided for in section 46-23-18.3 and in a manner consistent with a comprehensive program as provided for in section 46-23-6(A)(2)(h), shall be granted said water quality certification if the department of environmental management determines that the proposal is consistent with the water quality standards adopted pursuant to section 46-12-3(x). ADD}

SECTION 5. Sections 46-17.1-1 and 46-17.1-2 of the General Laws in Chapter 46-17.1 entitled "Conservation of Marine Resources" are hereby amended to read as follows:

46-17.1-1. Transporting of waste and dredge materials over state waterways prohibited. -- No {ADD Except as permitted under section 46-23-18.1 or otherwise, no ADD} person, either as principal, agent, or servant, shall , without a state permit, transport or cause to transport, dump, or cause to be dumped within the territorial waters of the state, any waste or dredge material{ADD . ADD} dredged from any harbor or channel or removed from any dump or sewerage treatment plant; those materials will include any one or more of the following: mud, silt, shale, rock, muck, sand, garbage, or sewage. Every person who shall violate any provisions of this section shall, upon conviction, be fined not more than one thousand dollars ($1,000) or be imprisoned not more than one year, or both, for each offense.

46-17.1-2. Issuance of permit to transport dredge or waste materials over state waters. -- The director of the department of environmental management may issue a permit for the transporting and disposal of dredge or waste materials within the territorial waters of this state, provided, that upon receiving an application for the permit, the director shall hold a public hearing and give complete details as to the nature of the transporting and dumping request. After the hearing and appropriate investigation, if the director determines that the movement and disposal of the materials as set forth in the application would not be in conflict with the marine ecology within or adjacent to the state's territorial waters, and that existing fishing grounds would not be damaged or destroyed, he or she may then issue the permit to the applicant; provided, further, that a state inspector be on board the tow vessel at all times during transporting and dumping operations to assure compliance with the terms contained in the permit. The state inspector shall be a qualified sailor selected by the director of environmental management. Inspectors' wages will be determined on the basis of the current rate for comparable work. Wages will be paid to inspectors from the general treasury. However, all wages to be paid to inspectors will be paid to the state in advance by the person or firm requesting the permit. The director may revoke the permit at any time for sufficient cause. The provisions of this chapter shall be enforced by state conservation officers within the department of environmental management. {ADD Nothing herein shall be deemed to apply to dredging, disposal of dredge materials and/or the transportation thereof regulated under section 46-23-18 and/or 46-23-18.1. ADD}

SECTION 6. Section 42-17.1-2 of the General Laws in Chapter 42-17.1 entitled "Department of Environmental Management" is hereby amended to read as follows:

42-17.1-2. Powers and duties. (Effective until July 1, 1996.) -- The director of environmental management shall have the following powers and duties:

(a) To supervise and control the protection, development, planning, and utilization of the natural resources of the state, such resources including (but not limited to) water, plants, trees, soil, clay, and gravel, rocks and other minerals, air, mammals, birds, reptiles, amphibians, fish, shellfish, and other forms of aquatic, insect and animal life;

(b) To exercise all functions, powers, and duties heretofore vested in the department of agriculture and conservation, and in each of the divisions of the department, such as the promotion of agriculture and animal husbandry in their several branches, including the inspection and suppression of contagious diseases among animals, the regulation of the marketing of farm products, the inspection of orchards and nurseries, the protection of trees and shrubs from injurious insects and diseases, protection from forest fires, the inspection of apiaries and the suppression of contagious diseases among bees, prevention of the sale of adulterated or misbranded agricultural seeds, promotion and encouragement of the work of farm bureaus in cooperation with the university of Rhode Island, farmers' institutes and the various organizations established for the purpose of developing an interest in agriculture, together with such other agencies and activities as the governor and the general assembly may from time to time place under the control of the department, and as heretofore vested by such of the following chapters and sections of the general laws as are presently applicable to the department of environmental management and which were previously applicable to the department of natural resources and the department of agriculture and conservation or to any of its divisions: chapters 1 through 22, inclusive, as amended, in title 2 entitled, "Agriculture and Forestry;" chapters 1 through 17, inclusive, as amended, in title 4 entitled "Animals and Animal Husbandry;" chapters 1 through 19, inclusive, as amended, in title 20 entitled "Fish and Wildlife;" chapters 1 through 32, inclusive, as amended, in title 21 entitled "Food and Drugs;" chapter 7 of title 23 as amended, entitled "Mosquito Abatement;" and by any other general or public law relating to the department of agriculture and conservation or to any of its divisions or bureaus;

(c) To exercise all the functions, powers, and duties heretofore vested in the division of parks and recreation of the department of public works by chapters 1, 2, and 5 in title 32 entitled "Parks and Recreational Areas," by chapter 22.5 of title 23, as amended, entitled "Drowning Prevention and Lifesaving," and by any other general or public law relating to the division of parks and recreation;

(d) To exercise all the functions, powers, and duties heretofore vested in the division of harbors and rivers of the department of public works, or in the department itself by such as were previously applicable to the division or the department, of chapters 1 through 22 and sections thereof, as amended, in title 46 entitled "Waters and Navigation;" and by any other general or public law relating to the division of harbors and rivers;

(e) To exercise all the functions, powers and duties heretofore vested in the department of health by chapters 25, 18.9, and 19.5 of title 23, as amended, entitled "Health and Safety;" and by chapters 12 and 16 of title 46, as amended, entitled "Waters and Navigation;" by chapters 3, 4, 5, 6, 7, 9, 11, 13, 18, and 19 of title 4, as amended, entitled "Animals and Animal Husbandry;" and those functions, powers, and duties specifically vested in the director of environmental management by the provisions of section 21-2-22, as amended, entitled "Inspection of Animals and Milk;" together with other powers and duties of the director of the department of health as are incidental to or necessary for the performance of the functions transferred by this section;

(f) To cooperate with the Rhode Island economic development corporation in its planning and promotional functions, particularly in regard to those resources relating to agriculture, fisheries, and recreation;

(g) To cooperate with, advise, and guide conservation commissions of cities and towns created under chapter 35 of title 45 entitled "Conservation Commissions", as enacted by chapter 203 of the Public Laws, 1960;

(h) To assign or reassign, with the approval of the governor, any functions, duties, or powers established by this chapter to any agency within the department, except as hereinafter limited;

(i) To cooperate with the water resources board and to provide to the board facilities, administrative support, staff services, and such other services as the board shall reasonably require for its operation and, in cooperation with the board and the statewide planning program to formulate and maintain a long range guide plan and implementing program for development of major water sources transmissions systems needed to furnish water to regional and local distribution systems;

(j) To cooperate with the solid waste management corporation and to provide to the corporation such facilities, administrative support, staff services and such other services within the department as the corporation shall reasonably require for its operation;

(k) To cooperate with the coastal resources management council {ADD in the development and implementation of comprehensive programs for dredging as provided for in section 46-23-6(A)(2)(h) and 46-23-18.3 and in monitoring dredge material management and disposal sites in accordance with the comprehensive program provided for in section 46-23-6(A)(2)(h) ADD} and to provide to the council facilities, administrative support, staff services and such other services as the council shall reasonably require for its operation; no powers or duties granted herein shall be construed to abrogate the powers or duties granted to the coastal resources management council under chapter 23 of title 46, as amended;

(l) To establish minimum standards, subject to the approval of the environmental standard board, relating to the location, design, construction and maintenance of all sewage disposal systems;

(m) To enforce, by such means as provided by law, the standards adopted by the environmental standards board for the quality of air, and water, and the design, construction and operation of all sewage disposal systems; any order or notice issued by the director relating to the location, design, construction or maintenance of a sewage disposal system shall be eligible for recordation under chapter 13 of title 34. The director shall forward the order or notice to the city or town wherein the subject property is located and the order or notice shall be recorded in the general index by the appropriate municipal official in the land evidence records in the city or town wherein the subject property is located. Any subsequent transferee of that property shall be responsible for complying with the requirements of the order or notice. Upon satisfactory completion of the requirements of the order or notice, the director shall provide written notice of the same, which notice shall be similarly eligible for recordation. The original written notice shall be forwarded to the city or town wherein the subject property is located and the notice of satisfactory completion shall be recorded in the general index by the appropriate municipal official in the land evidence records in the city or town wherein the subject property is located. A copy of the written notice shall be forwarded to the owner of the subject property within five (5) days of a request for it, and, in any event, shall be forwarded to the owner of the subject property within thirty (30) days after correction;

(n) To establish minimum standards for the establishment and maintenance of salutary environmental conditions;

(o) To establish and enforce minimum standards for permissible types of septage, industrial waste disposal sites and waste oil disposal sites;

(p) To establish minimum standards subject to the approval of the environmental standards board for permissible types of refuse disposal facilities, the design, construction, operation, and maintenance of disposal facilities; and the location of various types of facilities;

(q) To exercise all functions, powers, and duties necessary for the administration of chapter 19.1 of title 23 entitled "Rhode Island Hazardous Waste Management Act."

(r) To designate in writing any person in any department of the state government or any official of a district, county, city, town, or other governmental unit, with that official's consent, to enforce any rule, regulation, or order promulgated and adopted by the director under any provision of law, provided, however, that enforcement of powers of the coastal resources management council shall be assigned only to employees of the department of environmental management, except by mutual agreement {ADD or as otherwise provided in chapter 23 of title 46 ADD} .

(s) To issue and enforce such rules, regulations, and order as may be necessary to carry out the duties assigned to the director and the department by any provision of law; and to conduct such investigations and hearings and to issue, suspend, and revoke such licenses as may be necessary to enforce those rules, regulations, and orders;

(1) Notwithstanding the provisions of section 42-35-9 to the contrary, no informal disposition of a contested licensing matter shall occur where resolution substantially deviates from the original application unless all interested parties shall be notified of said proposed resolution and provided with opportunity to comment upon said resolution pursuant to applicable law and any rules and regulations established by the director.

(t) To enter, examine or survey at any reasonable time such places as the director deems necessary to carry out his or her responsibilities under any provision of law.

(u) To give notice of an alleged violation of law to the person responsible therefor whenever the director determines that there are reasonable grounds to believe that there is a violation of any provision of law within his or her jurisdiction or of any rule or regulation adopted pursuant to authority granted to him or her, unless other notice and hearing procedure is specifically provided by that law. Nothing in this chapter shall limit the authority of the attorney general to prosecute offenders as required by law.

(1) The notice shall provided for a time within which the alleged violation shall be remedied, and shall inform the person to whom it is directed that a written request for a hearing on the alleged violation may be filed with the director within ten (10) days after service of notice. The notice will be deemed properly served upon a person if a copy thereof is served him or her personally, or sent by registered or certified mail to his or her last known address, or if he or she is served with notice by any other method of service now or hereafter authorized in a civil action under the laws of this state. If no written request for a hearing is made to the director within ten (10) days of the service of notice, the notice shall automatically become a compliance order.

(2)(A) Whenever the director determines that there exists a violation of any law, rule, or regulation within his or her jurisdiction which requires immediate action to protect the environment, he or she may, without prior notice of violation or hearing, issue an immediate compliance order stating the existence of the violation and the action he or she deems necessary. The compliance order shall become effective immediately upon service or within such time as is specified by the director in such order. No request for a hearing on an immediate compliance order may be made.

(B) Any immediate compliance order issued under this section without notice and prior hearing shall be effective for no longer than forty-five (45) days, provided, however, that for good cause shown the order may be extended one additional period not exceeding forty-five (45) days.

(3) If a person upon whom a notice of violation has been served under the provisions of this section or if a person aggrieved by any such notice of violation requests a hearing before the director within ten (10) days of the service of notice of violation, the director shall set a time and place for the hearing, and shall give the person requesting that hearing at least five (5) days' written notice thereof. After the hearing, the director may make findings of fact and shall sustain, modify, or withdraw the notice of violation. If the director sustains or modifies the notice, that decision shall be deemed a compliance order and shall be served upon the person responsible in any manner provided for the service of the notice in this section.

(4) The compliance order shall state a time within which the violation shall be remedied, and the original time specified in the notice of violation shall be extended to the time set in the order.

(5) Whenever a compliance order has become effective whether automatically where no hearing has been requested, where an immediate compliance order has been issued, or upon decision following hearing, the director may institute injunction proceedings in the superior court of the state for enforcement of the compliance order and for appropriate temporary relief, and in that proceeding the correctness of a compliance order shall be presumed and the person attacking the order shall bear the burden of proving error in the compliance order, except that the director shall bear the burden of proving in the proceeding the correctness of an immediate compliance order. The remedy provided for in this section shall be cumulative and not exclusive and shall be in addition to remedies relating to the removal or abatement of nuisances or any other remedies provided by law.

(6) Any party aggrieved by a final judgment of the superior court may, within thirty (30) days from the date of entry of such judgment, petition the supreme court for a writ of certiorari to review any questions of law. The petition shall set forth the errors claimed. Upon the filing of the petition with the clerk of the supreme court, the supreme court may, if it sees fit, issue its writ of certiorari;

(v) To impose administrative penalties in accordance with the provisions of chapter 17.6 of this title and to direct that

(w) The following definitions shall apply in the interpretation of the provisions of this chapter:

(1) Director: The term director shall mean the director of environmental management of the state of Rhode Island or his or her duly authorized agent.

(2) Person: The term person shall include any individual, group of individuals, firm, corporation, association, partnership or private or public entity, including a district, county, city, town, or other governmental unit or agent thereof, and it the case of a corporation, any individual having active and general supervision of the properties of such corporation.

(3) Service: (a) Service upon a corporation under this section shall be deemed to include service upon both the corporation and upon the person having active and general supervision of the properties of such corporation.

(b) For purposes of calculating the time within which a claim for a hearing is made pursuant to section 42-17.1-2(u)(1) heretofore, service shall be deemed to be the date of receipt of such notice or three (3) days from the date of mailing of said notice, whichever shall first occur.

(x)(1) To conduct surveys of the present private and public camping and other recreational areas available and to determine the need for and location of such other camping and recreational areas as may be deemed necessary and in the public interest of the state of Rhode Island and to report back its findings on an annual basis to the general assembly on or before March 1 of every year;

(2) Additionally, the director of the department of environmental management shall take such additional steps including but not limited to matters related to funding as may be necessary to establish such other additional recreational facilities and areas as are deemed to be in the public interest.

(y) To apply for and accept grants and bequests of funds with the approval of the director of administration from other states, interstate agencies and independent authorities, and private firms, individuals and foundations, for the purpose of carrying out his or her lawful responsibilities. The funds shall be deposited as general revenues and appropriations made shall be expended in accordance with the provisions of the grant or bequest.

(z) To establish fee schedules by regulation with the approval of the governor for the processing of applications and the performing of related activities in connection with the department's responsibilities pursuant to subdivision (1) of this section, chapter 19.1 of title 23 as it relates to inspections performed by the department to determine compliance with chapter 19.1 and rules and regulations promulgated in accordance therewith, chapter 18.9 of title 23 as it relates to inspections performed by the department to determined compliance with chapter 18.9 and the rules and regulations promulgated in accordance therewith, chapter 19.5 and 23 of title 23; chapter 12 of title 46 insofar as it relates to water quality certifications and related reviews performed pursuant to provisions of the federal Clean Water Act, the regulation and administration of underground storage tanks and all other programs administered under chapter 12 of title 46 and section 2-1-18 et seq., and chapter 13.1 of title 46 insofar as it relates to any reviews and related activities performed under the provisions of the Groundwater Protection Act, and chapter 17.7 of this title insofar as it relates to administrative appeals of all enforcement, permitting and licensing matters to the Administrative Adjudication Division for Environmental Matters. Two fee ranges shall be required: for "Appeal of enforcement actions", a range of fifty dollars ($50) to one hundred dollars ($100), and for "Appeal of application decisions", a range of five hundred dollars ($500) to ten thousand dollars ($10,000). The monies from the administrative adjudication fees will be deposited as general revenues and the amounts appropriated shall be used for the costs associated with operating the administrative adjudication division.

There is hereby established an account within the general fund to be called the water and air protection program. The account shall consists of sums appropriated for water and air pollution control and waste monitoring programs and the state controller is hereby authorized and directed to draw his or her orders upon the general treasurer for the payment of such sums or such portions thereof as may be required from time to time upon receipt by him or her of properly authenticated vouchers. All amounts collected under the authority of this subdivision for the sewage disposal system program and fresh water wetlands program will be deposited as general revenues and the amounts appropriated shall be used for the purposes of administering and operating the programs. The director shall submit to the house fiscal advisor and the senate fiscal advisor by January 15 of each year a detailed report on the amount of funds obtained from fines and fees and the uses made of such funds.

(aa) To establish and maintain a list or inventory of areas within the state worthy of special designation as "scenic" to include but not be limited to certain state roads or highways, scenic vistas and scenic areas and to make the list available to the public.

(bb) To establish and maintain an inventory of all interests in land held by public and private land trust and to exercise all powers vested herein to insure the preservation of all identified lands.

(1) The director may promulgate and enforce rules and regulations to provide for the orderly and consistent protection, management, continuity of ownership and purpose, and centralized records-keeping for lands, water, and open spaces owned in fee or controlled in full or in part through other interests, rights, or devices such as conservation easements or restrictions, by private and public land trusts in Rhode Island. The director may charge a reasonable fee for filing of each document submitted by a land trust.

(2) The term "public land trust" means any public instrumentality created by a Rhode Island municipality for the purposes stated herein and financed by means of public funds collected and appropriated by the municipality. The term "private land trust" means any group of five (5) or more private citizens of Rhode Island who shall incorporate under the laws of Rhode Island as a nonbusiness corporation for the purposes stated herein, or a national organization such as the nature conservancy. The main purpose of either a public or a private land trust shall be the protection, acquisition, or control of land, water, wildlife, wildlife habitat, plants, and/or other natural features, areas, or open space for the purpose of managing or maintaining, or causing to the managed or maintained by others, the land, water, and other natural amenities in any undeveloped and relatively natural state in perpetuity. A private land trust must be granted exemption from federal income tax under Internal Revenue Code 501c(3) ›26 U.S.C.! section 501(c)(3) within two (2) years of its incorporation in Rhode Island or it may not continue to function as a land trust in Rhode Island. A private land trust may not be incorporated for the exclusive purpose of acquiring or accepting property or rights in property from a single individual, family, corporation, business, partnership, or other entity. Membership in any private land trust must be open to any individual subscribing to the purposes of the land trust and agreeing to abide by its rules and regulations including payment of reasonable dues.

(3)(A) Private land trusts will, in their articles of association or their by-laws, as appropriate, provide for the transfer to an organization created for the same or similar purposes the assets, lands and land rights and interests held by the land trust in the event of termination or dissolution of the land trust.

All land trusts, public and private, will record in the public records of the appropriate towns and cities in Rhode Island all deeds, conservation easements or restrictions or other interests and rights acquired in land and will also file copies of all such documents and current copies of their articles of association, their by-laws, and annual reports with the secretary of state, and with the director of the Rhode Island department of environmental management. The director is hereby directed to establish and maintain permanently a system for keeping records of all private and public land trust land holdings in Rhode Island.

(cc) The director will contact in writing, not less often than once every two (2) years, each public or private land trust to ascertain: the current status and condition of each land holding; that any funds or other assets of the land trust held as endowment for specific lands have been properly audited at least once within the two (2) year period; the name of the successor organization named in the public or private land trust's by-laws or articles of association; and any other information the director deems essential to the proper and continuous protection and management of land and interests or rights in land held by the land trust.

In the event that the director determines that a public or private land trust holding land or interest in land appears to have become inactive, he or she shall initiate proceedings to effect the termination of the land trust and the transfer of its land, asset, land rights, and land interests to the successor organization named in the defaulting trust's by-laws or articles of association or to another organization created for the same or similar purposes. Should such a transfer not be possible, then the land trust, assets, and interest and rights in land will be held in trust by the state of Rhode Island and managed by the director for the purposes stated at the time of original acquisition by the trust. Any trust assets or interests other than land or rights in land accruing to the state under such circumstances will be held and managed as a separate fund for the benefit of the designated trust lands.

(dd) Consistent with federal standards, issue and enforce such rules, regulations and orders as may ve necessary to establish requirements for maintaining evidence of financial responsibility for taking corrective action and compensating third parties for bodily injury and property damage caused by sudden and non-sudden accidental releases arising from operating underground storage tanks.

(ee) To enforce, by such means as provided by law, the standards adopted by the environmental standards board for the quality of air, and water, and the location, design, construction and operation of all underground storage facilities used for storing petroleum products or hazardous materials; any order or notice issued by the director relating to the location, design construction, operation or maintenance of an underground storage facility used for storing petroleum products or hazardous materials shall be eligible for recordation under chapter 13 of title 34. The director shall forward the order or notice to the city or town wherein the subject facility is located, and the order or notice shall be recorded in the general index by the appropriate municipal officer in the land evidence records in the city or town wherein the subject facility is located. Any subsequent transferee of that facility shall be responsible for complying with the requirements of the order or notice. Upon satisfactory completion of the requirements of the order or notice, the director shall provide written notice of the same, which notice shall be eligible for recordation. The original written notice shall be forwarded to the city or town wherein the subject facility is located, and the notice of satisfactory completion shall be recorded in the general index by the appropriate municipal official in the land evidence records in the city or town wherein the subject facility is located. A copy of the written notice shall be forwarded to the owner of the subject facility within five (5) days of a request for it, and, in any event, shall be forwarded to the owner of the subject facility within thirty (30) days after correction.

SECTION 7. Section 46-12-4 of the General Laws in Chapter 46-12 entitled "Water Pollution" is hereby amended to read as follows:

46-12-4. Pollution monitoring system. -- The director shall establish a pollution monitoring system, and a fee system, for point source dischargers who discharge sewage into the surface waters of the state. Monies derived from the fee system shall be deposited as general revenues. The director shall monitor the levels of conventional and hazardous pollutants especially toxic pollutants discharged into the surface waters and shall assess the impact thereof. {ADD Nothing herein shall be deemed to apply to dredging, disposal of dredge materials and/or the transportation thereof regulated under section 46-23-18 and/or 46-23-18.1. ADD}

SECTION 8. Title 46 of the General Laws entitled "Waters and Navigation" is hereby amended by adding thereto the following chapter:

{ADD 46-1.1-1. Consistency of interpretation with title 46, chapter 23. -- Sections 46-1-1, 46-1-2, 46-2-2, 46-2-4, 46-6-1, 46-6-2 and 46-6-6 shall be interpreted in a manner consistent with the designation of the coastal resources management council as the lead state agency for dredging as provided for in section 46-23-1(e). ADD}

SECTION 9. This act shall take effect upon passage."