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RELATING TO NARRAGANSETT BAY WATER QUALITY MANAGEMENT DISTRICT COMMISSION

Introduced By: Representative John McCauley

Date Introduced : February 2, 1999

It is enacted by the General Assembly as follows:

SECTION 1. The title of Chapter 46-25 of the General Laws entitled "Narragansett Bay Water Quality Management District Commission" is hereby amended to read as follows:

SECTION 2. Sections 46-25-1 and 46-25-3 of the General Laws in Chapter 46-25 entitled "Narragansett Bay Water Quality Management District Commission" are hereby amended to read as follows:

46-25-1. Short title. -- This chapter shall be known as the "Narragansett Bay {DEL Water Quality Management District DEL} Commission Act".

46-25-3. Definitions. -- As used in this chapter, the following words and terms shall have the following meanings unless the context shall indicate another or different meaning:

(1) "Administrative penalty" shall mean a monetary penalty not to exceed the civil penalty specified in section 46-25-25.2.

(2) "Commission" shall be construed to mean the Narragansett Bay {DEL water quality management district DEL} commission. {ADD Whenever in any general or public law, reference is made to the "Narragansett Bay Water Quality Management District Commission" the same shall be deemed to refer to and mean the Narragansett Bay Commission. ADD}

(3) "Compliance schedule" 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.

(4) "Fund" shall be construed to mean the Narragansett Bay water quality management district commission fund to be held by the commission.

(5) "Narragansett Bay water quality management district {DEL commission DEL}" shall mean and include:

(i) The city of Providence and those portions of the city of Cranston and portions of the towns of Johnston, North Providence, and Lincoln formerly served by the city of Providence sewage treatment system as well as the cities of East Providence, Pawtucket, and Central Falls, the towns of Lincoln and Cumberland, and that portion of the town of Smithfield lying northeast of the Douglas Pike, also called state route No. 7;

(ii) Any other portions of those municipalities as may by resolution request to be served by the district and which are accepted by the commission as part of the district; and

(iii) Any other cities or towns or districts in Rhode Island or portions thereof as may, from time to time, join the district pursuant to agreement with the commission, providing for the acquisition of the sewage treatment facilities of such city, town, or district, or the merger and consolidation of such district into the commission, or the management and operation of the sewage treatment facilities of such city, town or district by the commission.

(6) "Notes" as used in sections 46-25-51 -- 46-25-67 shall be construed to mean the notes, securities, or other obligations or evidences of indebtedness issued by the commission pursuant to this chapter in anticipation of receiving user fees or state or federal funds, all of which shall be issued under the name of and known as obligations of the Narragansett Bay water quality management district.

(7) "Pollutant" shall be construed to mean the same as defined in section 46-12-1.

(8) "Pollution" shall be construed to mean the same as defined in section 46-12-1.

(9) "Person" shall include an individual, firm, partnership, association, and private or municipal corporation and federal or state agencies.

(10) "Project" shall be construed to mean the Narragansett Bay water quality management district project, and shall include the acquisition, ownership, design, operation, construction, repair, rehabilitation, improvement, development, sale, lease or disposition of, or the provision of financing for, any sewage treatment facility.

(11) "Revenue bonds and notes" as used in sections 46-25-58 -- 46-25-67, shall mean and include the bonds, notes, securities, or other obligations or evidences of indebtedness issued by the commission pursuant to sections 46-25-58 -- 46-25-67, all of which shall be issued under the name of or known as obligations of the Narragansett Bay {DEL water quality management district DEL} commission and shall be secured solely by the revenues provided therein.

(12) "Sewage" shall be construed to mean the same as "pollutant" as defined in section 46-12-1.

(13) "Sewage treatment facilities" means any sewage treatment plant, structure, combined sewer overflows, equipment, interceptors, mains, and pumping stations, or other property, real, personal, or mixed, for the treatment, storage, collection, transporting, or disposal of sewage, or any property or system to be used in whole or in part for any of the aforesaid purposes, or any other property or system incidental to, or which has to do with, or the end purpose of which is any of the foregoing; provided, however, that the term shall not include any system of lateral sewers within a municipality.

(14) "Source" shall mean any building, structure, facility, or installation from which there is or may be the discharge of pollutants.

(15) "Water supplier" shall mean any person, including a municipal water department or agency, public water system, special water district, or private water company engaged in the distribution of water for potable purposes.

SECTION 3. Notwithstanding the provisions of this act, or any other provisions of the general laws to the contrary, the members of the Narragansett Bay water quality management district commission and the officers thereof appointed, qualified, and in office immediately prior to the passage of this act shall continue to be members of the Narragansett Bay Commission during the remainder of the terms for which they were appointed or until their resignation, death, incapacity, or other removal from office. All property or rights to property held by the Narragansett Bay water quality management district commission shall transfer to and be held by the Narragansett Bay Commission without any necessity for any document of transfer or recording thereof. Any act taken by the Narragansett Bay water quality management district commission prior to the passage of this act, valid at the time such act was taken, shall, subject to such discretion as the commission may lawfully exercise to the continuance or modification thereof, remain valid and shall be considered to have been taken by the Narragansett Bay Commission. The secretary of the commission shall maintain the books and records of the Narragansett Bay water quality management district commission as the books and records of the Narragansett Bay Commission. The authority granted and obligations imposed by section 46-25-37 through and including section 46-25-44 of chapter 46-25 of the general laws shall apply to the Narragansett Bay Commission as the successor to the Narragansett Bay water quality management district commission. Except as otherwise set forth herein, in any action, suit or other proceeding to which the Narragansett Bay water quality management district commission was a party immediately prior to the passage of this act, the Narragansett Bay Commission shall be substituted as a party. To the extent in any such proceeding the powers and duties of the Narragansett Bay Commission after the passage of this act are in issue, the commission shall be regarded as having the powers and duties set forth in this act, as it may be amended from time to time; provided that the commission shall in any event have the power to carry out any agreement validly undertaken by the Narragansett Bay water quality management district commission for the duration of such agreement without regard to any amendment thereof or extension thereto occurring after the passage of this act.

SECTION 4. This act shall take effect upon passage.