§ 23-18.9-14 Testing and analysis of airand water – Environmental management district. – (a) Applicability. This section applies to all solid waste managementfacilities/activities regulated pursuant to this chapter that are undertakenwithin and in the vicinity of an area known as the environmental managementdistrict, located in the town of Johnston and the city of Cranston; thedistrict is bounded by Plainfield Pike on the south; Peck Hill Road on thewest; Central Avenue on the north; and I-295 on the east.
(1) The director of the department of environmentalmanagement (DEM), in consultation with the director of the department of health(DOH), is authorized to promulgate any rules and regulations that are necessaryto require the development and implementation of onsite ambient air and watermonitoring plans for all facilities/activities covered by this section. Theregulations shall be promulgated no later than December 31, 2000, and shall besubject to the Administrative Procedures Act, chapter 35 of title 42. Theseregulations shall, at a minimum, provide for the following:
(i) Define the minimum criteria that shall require thedevelopment and implementation of an onsite ambient air and water monitoringplan;
(ii) Establish the time period that a facility/activity shallhave to initially prepare an onsite ambient air and water monitoring plan andsubmit it to DEM for review;
(iii) Define the minimum content that shall be included in anonsite ambient air and water monitoring plan;
(iv) Establish the criteria that DEM shall use for review andapproval of an onsite ambient air and water monitoring plan;
(v) Establish the criteria that DEM shall use for determininghow long an approved onsite ambient air and water monitoring plan must remainin effect and the criteria for termination of an approved onsite ambient airand water monitoring plan; and
(vi) Define the process for public involvement in thedevelopment and review of onsite ambient air and water monitoring plans.
(2) The facility shall implement the outside ambient air andwater monitoring plan within thirty (30) days of DEM approval. Data collectedunder onsite ambient air and water monitoring plans shall be evaluated by bothDEM and DOH. DOH shall provide a written evaluation of this data to the hostcommunity(s), the facility(s), any oversight council or organization thatfocuses on the environmental management district, and any members of the publicwho request the evaluation.
(3) Should a facility not abide by the newly promulgatedrules and regulations requiring a party to conduct an onsite ambient air andwater monitoring plan, the director shall take enforcement action to compelthose activities. The director may, at his or her discretion, prepare andimplement an onsite ambient air and water monitoring plan for facilities thatdo not comply with the order. The facility shall be responsible to reimburseDEM for all costs, including interest, incurred in developing and implementinga plan.
(c) Offsite monitoring. (1) If, upon theevaluation of data provided pursuant to subsection (b), the DEM and DOHdirectors jointly determine that any facility/activity is causing emissions ofair or water pollutants at levels that could cause adverse health impacts,create objectionable or nuisance odors, or otherwise adversely impact humanhealth or the environment, either individually or in conjunction with othersources in the surrounding community(s), the DEM director, in consultation withthe DOH director, is authorized to require the facility(s)/activity(s) todevelop and implement offsite ambient air and/or water monitoring plans withinthe environmental management district. Regulations governing the developmentand implementation of these offsite plans shall be promulgated in conjunctionwith, and subject to the same provisions as those authorized under subsection(b).
(2) Any facility subject to the offsite monitoringrequirement shall implement the offsite ambient air and/or water monitoringplan within thirty (30) days of DEM approval. Data collected under offsiteambient air and/or water monitoring plans shall be evaluated by both DEM andDOH. DOH shall provide a written evaluation of this data to the hostcommunity(s), the facility(s), any oversight council or organization thatfocuses on the environmental management district, and any members of the publicwho request the evaluation.
(3) Should a facility not abide by the newly promulgatedrules and regulations requiring a party to conduct an offsite ambient airand/or water monitoring plan, the director shall take enforcement action tocompel those activities. The director may, at his or her discretion, prepareand implement an offsite ambient air and/or water monitoring plan forfacilities that do not comply with the order. That facility shall beresponsible to reimburse DEM for all costs, including interest, incurred indeveloping and implementing a plan.
§ 23-18.9-14 Testing and analysis of airand water – Environmental management district. – (a) Applicability. This section applies to all solid waste managementfacilities/activities regulated pursuant to this chapter that are undertakenwithin and in the vicinity of an area known as the environmental managementdistrict, located in the town of Johnston and the city of Cranston; thedistrict is bounded by Plainfield Pike on the south; Peck Hill Road on thewest; Central Avenue on the north; and I-295 on the east.
(1) The director of the department of environmentalmanagement (DEM), in consultation with the director of the department of health(DOH), is authorized to promulgate any rules and regulations that are necessaryto require the development and implementation of onsite ambient air and watermonitoring plans for all facilities/activities covered by this section. Theregulations shall be promulgated no later than December 31, 2000, and shall besubject to the Administrative Procedures Act, chapter 35 of title 42. Theseregulations shall, at a minimum, provide for the following:
(i) Define the minimum criteria that shall require thedevelopment and implementation of an onsite ambient air and water monitoringplan;
(ii) Establish the time period that a facility/activity shallhave to initially prepare an onsite ambient air and water monitoring plan andsubmit it to DEM for review;
(iii) Define the minimum content that shall be included in anonsite ambient air and water monitoring plan;
(iv) Establish the criteria that DEM shall use for review andapproval of an onsite ambient air and water monitoring plan;
(v) Establish the criteria that DEM shall use for determininghow long an approved onsite ambient air and water monitoring plan must remainin effect and the criteria for termination of an approved onsite ambient airand water monitoring plan; and
(vi) Define the process for public involvement in thedevelopment and review of onsite ambient air and water monitoring plans.
(2) The facility shall implement the outside ambient air andwater monitoring plan within thirty (30) days of DEM approval. Data collectedunder onsite ambient air and water monitoring plans shall be evaluated by bothDEM and DOH. DOH shall provide a written evaluation of this data to the hostcommunity(s), the facility(s), any oversight council or organization thatfocuses on the environmental management district, and any members of the publicwho request the evaluation.
(3) Should a facility not abide by the newly promulgatedrules and regulations requiring a party to conduct an onsite ambient air andwater monitoring plan, the director shall take enforcement action to compelthose activities. The director may, at his or her discretion, prepare andimplement an onsite ambient air and water monitoring plan for facilities thatdo not comply with the order. The facility shall be responsible to reimburseDEM for all costs, including interest, incurred in developing and implementinga plan.
(c) Offsite monitoring. (1) If, upon theevaluation of data provided pursuant to subsection (b), the DEM and DOHdirectors jointly determine that any facility/activity is causing emissions ofair or water pollutants at levels that could cause adverse health impacts,create objectionable or nuisance odors, or otherwise adversely impact humanhealth or the environment, either individually or in conjunction with othersources in the surrounding community(s), the DEM director, in consultation withthe DOH director, is authorized to require the facility(s)/activity(s) todevelop and implement offsite ambient air and/or water monitoring plans withinthe environmental management district. Regulations governing the developmentand implementation of these offsite plans shall be promulgated in conjunctionwith, and subject to the same provisions as those authorized under subsection(b).
(2) Any facility subject to the offsite monitoringrequirement shall implement the offsite ambient air and/or water monitoringplan within thirty (30) days of DEM approval. Data collected under offsiteambient air and/or water monitoring plans shall be evaluated by both DEM andDOH. DOH shall provide a written evaluation of this data to the hostcommunity(s), the facility(s), any oversight council or organization thatfocuses on the environmental management district, and any members of the publicwho request the evaluation.
(3) Should a facility not abide by the newly promulgatedrules and regulations requiring a party to conduct an offsite ambient airand/or water monitoring plan, the director shall take enforcement action tocompel those activities. The director may, at his or her discretion, prepareand implement an offsite ambient air and/or water monitoring plan forfacilities that do not comply with the order. That facility shall beresponsible to reimburse DEM for all costs, including interest, incurred indeveloping and implementing a plan.
§ 23-18.9-14 Testing and analysis of airand water – Environmental management district. – (a) Applicability. This section applies to all solid waste managementfacilities/activities regulated pursuant to this chapter that are undertakenwithin and in the vicinity of an area known as the environmental managementdistrict, located in the town of Johnston and the city of Cranston; thedistrict is bounded by Plainfield Pike on the south; Peck Hill Road on thewest; Central Avenue on the north; and I-295 on the east.
(1) The director of the department of environmentalmanagement (DEM), in consultation with the director of the department of health(DOH), is authorized to promulgate any rules and regulations that are necessaryto require the development and implementation of onsite ambient air and watermonitoring plans for all facilities/activities covered by this section. Theregulations shall be promulgated no later than December 31, 2000, and shall besubject to the Administrative Procedures Act, chapter 35 of title 42. Theseregulations shall, at a minimum, provide for the following:
(i) Define the minimum criteria that shall require thedevelopment and implementation of an onsite ambient air and water monitoringplan;
(ii) Establish the time period that a facility/activity shallhave to initially prepare an onsite ambient air and water monitoring plan andsubmit it to DEM for review;
(iii) Define the minimum content that shall be included in anonsite ambient air and water monitoring plan;
(iv) Establish the criteria that DEM shall use for review andapproval of an onsite ambient air and water monitoring plan;
(v) Establish the criteria that DEM shall use for determininghow long an approved onsite ambient air and water monitoring plan must remainin effect and the criteria for termination of an approved onsite ambient airand water monitoring plan; and
(vi) Define the process for public involvement in thedevelopment and review of onsite ambient air and water monitoring plans.
(2) The facility shall implement the outside ambient air andwater monitoring plan within thirty (30) days of DEM approval. Data collectedunder onsite ambient air and water monitoring plans shall be evaluated by bothDEM and DOH. DOH shall provide a written evaluation of this data to the hostcommunity(s), the facility(s), any oversight council or organization thatfocuses on the environmental management district, and any members of the publicwho request the evaluation.
(3) Should a facility not abide by the newly promulgatedrules and regulations requiring a party to conduct an onsite ambient air andwater monitoring plan, the director shall take enforcement action to compelthose activities. The director may, at his or her discretion, prepare andimplement an onsite ambient air and water monitoring plan for facilities thatdo not comply with the order. The facility shall be responsible to reimburseDEM for all costs, including interest, incurred in developing and implementinga plan.
(c) Offsite monitoring. (1) If, upon theevaluation of data provided pursuant to subsection (b), the DEM and DOHdirectors jointly determine that any facility/activity is causing emissions ofair or water pollutants at levels that could cause adverse health impacts,create objectionable or nuisance odors, or otherwise adversely impact humanhealth or the environment, either individually or in conjunction with othersources in the surrounding community(s), the DEM director, in consultation withthe DOH director, is authorized to require the facility(s)/activity(s) todevelop and implement offsite ambient air and/or water monitoring plans withinthe environmental management district. Regulations governing the developmentand implementation of these offsite plans shall be promulgated in conjunctionwith, and subject to the same provisions as those authorized under subsection(b).
(2) Any facility subject to the offsite monitoringrequirement shall implement the offsite ambient air and/or water monitoringplan within thirty (30) days of DEM approval. Data collected under offsiteambient air and/or water monitoring plans shall be evaluated by both DEM andDOH. DOH shall provide a written evaluation of this data to the hostcommunity(s), the facility(s), any oversight council or organization thatfocuses on the environmental management district, and any members of the publicwho request the evaluation.
(3) Should a facility not abide by the newly promulgatedrules and regulations requiring a party to conduct an offsite ambient airand/or water monitoring plan, the director shall take enforcement action tocompel those activities. The director may, at his or her discretion, prepareand implement an offsite ambient air and/or water monitoring plan forfacilities that do not comply with the order. That facility shall beresponsible to reimburse DEM for all costs, including interest, incurred indeveloping and implementing a plan.
