§ 46-12-3 Powers and duties of thedirector. – In addition to the other powers granted the director of the department ofenvironmental management herein, the director shall have and may exercise thefollowing powers and duties:
(1) To exercise general supervision of the administration andenforcement of this chapter, and all rules and regulations and orderspromulgated hereunder;
(2) To develop comprehensive programs for the prevention,control, and abatement of new or existing pollution of the waters of this state;
(3) To advise, consult, and cooperate with other agencies ofthe state, the federal government, other states, and interstate agencies andwith affected groups, political subdivisions, and industries in the furtheranceof the purposes of this chapter;
(4) To accept and administer loans and grants from thefederal government and from other sources, public or private, for the carryingout of any of its functions, which loans and grants shall not be expended forother than the purposes for which provided;
(5) To encourage, participate in, or conduct studies,investigations, research, and demonstrations relating to water pollution andits causes, prevention, control, and abatement thereof, as he or she may deemadvisable and necessary for the discharge of his or her duties under thischapter;
(6) To collect and disseminate information relating to waterpollution and the prevention, control, and abatement thereof;
(7) Except as otherwise provided in subdivision (24) below,to promulgate standards of water quality and to classify the waters of thestate accordingly;
(8) To administer state grants to municipalities andpolitical subdivisions for the construction of sewage treatment works;
(9) To hold hearings, to issue notices of hearings andsubpoenas requiring the attendance of witnesses and the production of evidence,and to administer oaths and to take testimony, that he or she may deemnecessary;
(10) To approve, pursuant to standards adopted by theenvironmental standards board, the construction, modification, and operation ofdischarge systems or any parts thereof, and to require the prior submission ofplans, specifications, and other data relative to discharge systems and torequire that the plans, specifications, or other data be certified by aprofessional engineer registered in Rhode Island, and to inspect the systemseither under construction or in operation;
(11) To issue a permit for the discharge of any pollutant orcombination of pollutants or to issue a general permit authorizing a categoryof discharges within a geographical area upon conditions as may be necessary tocarry out the purposes of this chapter and of the Clean Water Act, 33 U.S.C.§ 1251 et seq., which may include, but not be limited to, providing forspecific effluent limitations and levels of treatment technology, monitoring,recording, and reporting standards, or to deny a permit or general permit;
(12) To renew, revoke, modify, or suspend in whole or in partany permit, order, or schedule of compliance pursuant to the provisions of thischapter, and any rules and regulations promulgated thereunder;
(13) To approve the discharge of pollutants into the watersof this state pursuant to all applicable standards;
(14) To require publicly owned treatment works to adopt andimplement requirements regarding the pretreatment of pollutants consistent withexisting federal requirements, and to require compliance by all persons withpretreatment requirements;
(15) To issue such orders as may be necessary to prevent theunauthorized construction, modification, or operation of discharge systems andthe discharge of pollutants into the waters of this state;
(16) To require proper maintenance and operation of dischargesystems;
(17) To consult the advisory council on environmental affairson the policies and plans for the control and abatement of pollution;
(18) To make, issue, amend, and revoke reasonable rules andregulations for the prevention, control, and abatement of pollution and theenforcement of orders issued hereunder, including public notice and commentrequirements;
(19) To exercise all incidental powers necessary to carry outthe purposes of this chapter;
(20) To approve the operation of treatment facilities,pursuant to the provisions of chapters 3, 11, and 18 of title 44;
(21) To promulgate and enforce rules and regulations togovern the location, design, construction, maintenance, and operation ofunderground storage facilities used for storing petroleum products or hazardousmaterials to prevent, abate, and remedy the discharge of petroleum products andhazardous materials into the waters of the state; provided that all undergroundstorage tanks and associated piping installed after September 1, 1991 shallprovide for secondary containment in a manner approved by the director; andprovided that the installation of underground storage tanks is prohibited atsites located within wellhead protection areas for community water supply wellsas designated by the director and consistent with chapter 46-13.1. Thisprohibition shall not apply to the replacement or upgrading of existingunderground storage tanks installed prior to July 1, 1991, provided that suchactivity take place in accordance with all applicable state and federalregulations;
(22) To promulgate and enforce rules and regulations togovern the installation, construction, operation, and abandonment of monitoringwells;
(23) To promulgate and enforce rules and regulations togovern the location, design, installation, operation and maintenance ofsubsurface disposal systems which receive the discharge of pollutants and ofsubsurface containment systems, including underground storage tanks, used tocontain or control the discharge of pollutants below the ground surface.
(24) In connection with the dredging and transportation anddisposal of dredge material, to promulgate and adopt water quality standardsthat conform with the federal Environmental Protection Agency's applicablewater quality rules and regulations and guidelines, including, but not limitedto, the federal Environmental Protection Agency's rules and regulations andguidelines for deviating from said standards. The department of environmentalmanagement shall also apply the applicable standards and guidelines and adoptthe procedures as set forth in the manual identified as "Evaluation of DredgeMaterial for Purpose of Ocean Disposal. Testing Manual Put Together by EPA andArmy Corps of Engineers in February, 1991" and any amendments or supplements orsuccessor manuals thereto to the extent that the same are relevant to dredging,transportation and/or disposal of dredge materials in tidal waters or anydocuments or manuals approved by the federal Environmental Protection Agencyrelating to dredging, transportation and/or disposal of dredge materials; and
(25) To prepare and to submit to the governor, the speaker ofthe house, the president of the senate, the chairperson of the house committeeon environment and natural resources and the chairperson of the senatecommittee on environment and agriculture, not later than February 1, 2005, aplan, including an implementation program with cost estimates, recommendedsources of funding, measurable goals, objectives, and targets and limitationsfor nutrient introduction into the waters of the state, for the purposes of:(i) managing nutrient loadings and the effects of nutrients in the waters ofthe state; and (ii) preventing and eliminating conditions of eutrophication.
§ 46-12-3 Powers and duties of thedirector. – In addition to the other powers granted the director of the department ofenvironmental management herein, the director shall have and may exercise thefollowing powers and duties:
(1) To exercise general supervision of the administration andenforcement of this chapter, and all rules and regulations and orderspromulgated hereunder;
(2) To develop comprehensive programs for the prevention,control, and abatement of new or existing pollution of the waters of this state;
(3) To advise, consult, and cooperate with other agencies ofthe state, the federal government, other states, and interstate agencies andwith affected groups, political subdivisions, and industries in the furtheranceof the purposes of this chapter;
(4) To accept and administer loans and grants from thefederal government and from other sources, public or private, for the carryingout of any of its functions, which loans and grants shall not be expended forother than the purposes for which provided;
(5) To encourage, participate in, or conduct studies,investigations, research, and demonstrations relating to water pollution andits causes, prevention, control, and abatement thereof, as he or she may deemadvisable and necessary for the discharge of his or her duties under thischapter;
(6) To collect and disseminate information relating to waterpollution and the prevention, control, and abatement thereof;
(7) Except as otherwise provided in subdivision (24) below,to promulgate standards of water quality and to classify the waters of thestate accordingly;
(8) To administer state grants to municipalities andpolitical subdivisions for the construction of sewage treatment works;
(9) To hold hearings, to issue notices of hearings andsubpoenas requiring the attendance of witnesses and the production of evidence,and to administer oaths and to take testimony, that he or she may deemnecessary;
(10) To approve, pursuant to standards adopted by theenvironmental standards board, the construction, modification, and operation ofdischarge systems or any parts thereof, and to require the prior submission ofplans, specifications, and other data relative to discharge systems and torequire that the plans, specifications, or other data be certified by aprofessional engineer registered in Rhode Island, and to inspect the systemseither under construction or in operation;
(11) To issue a permit for the discharge of any pollutant orcombination of pollutants or to issue a general permit authorizing a categoryof discharges within a geographical area upon conditions as may be necessary tocarry out the purposes of this chapter and of the Clean Water Act, 33 U.S.C.§ 1251 et seq., which may include, but not be limited to, providing forspecific effluent limitations and levels of treatment technology, monitoring,recording, and reporting standards, or to deny a permit or general permit;
(12) To renew, revoke, modify, or suspend in whole or in partany permit, order, or schedule of compliance pursuant to the provisions of thischapter, and any rules and regulations promulgated thereunder;
(13) To approve the discharge of pollutants into the watersof this state pursuant to all applicable standards;
(14) To require publicly owned treatment works to adopt andimplement requirements regarding the pretreatment of pollutants consistent withexisting federal requirements, and to require compliance by all persons withpretreatment requirements;
(15) To issue such orders as may be necessary to prevent theunauthorized construction, modification, or operation of discharge systems andthe discharge of pollutants into the waters of this state;
(16) To require proper maintenance and operation of dischargesystems;
(17) To consult the advisory council on environmental affairson the policies and plans for the control and abatement of pollution;
(18) To make, issue, amend, and revoke reasonable rules andregulations for the prevention, control, and abatement of pollution and theenforcement of orders issued hereunder, including public notice and commentrequirements;
(19) To exercise all incidental powers necessary to carry outthe purposes of this chapter;
(20) To approve the operation of treatment facilities,pursuant to the provisions of chapters 3, 11, and 18 of title 44;
(21) To promulgate and enforce rules and regulations togovern the location, design, construction, maintenance, and operation ofunderground storage facilities used for storing petroleum products or hazardousmaterials to prevent, abate, and remedy the discharge of petroleum products andhazardous materials into the waters of the state; provided that all undergroundstorage tanks and associated piping installed after September 1, 1991 shallprovide for secondary containment in a manner approved by the director; andprovided that the installation of underground storage tanks is prohibited atsites located within wellhead protection areas for community water supply wellsas designated by the director and consistent with chapter 46-13.1. Thisprohibition shall not apply to the replacement or upgrading of existingunderground storage tanks installed prior to July 1, 1991, provided that suchactivity take place in accordance with all applicable state and federalregulations;
(22) To promulgate and enforce rules and regulations togovern the installation, construction, operation, and abandonment of monitoringwells;
(23) To promulgate and enforce rules and regulations togovern the location, design, installation, operation and maintenance ofsubsurface disposal systems which receive the discharge of pollutants and ofsubsurface containment systems, including underground storage tanks, used tocontain or control the discharge of pollutants below the ground surface.
(24) In connection with the dredging and transportation anddisposal of dredge material, to promulgate and adopt water quality standardsthat conform with the federal Environmental Protection Agency's applicablewater quality rules and regulations and guidelines, including, but not limitedto, the federal Environmental Protection Agency's rules and regulations andguidelines for deviating from said standards. The department of environmentalmanagement shall also apply the applicable standards and guidelines and adoptthe procedures as set forth in the manual identified as "Evaluation of DredgeMaterial for Purpose of Ocean Disposal. Testing Manual Put Together by EPA andArmy Corps of Engineers in February, 1991" and any amendments or supplements orsuccessor manuals thereto to the extent that the same are relevant to dredging,transportation and/or disposal of dredge materials in tidal waters or anydocuments or manuals approved by the federal Environmental Protection Agencyrelating to dredging, transportation and/or disposal of dredge materials; and
(25) To prepare and to submit to the governor, the speaker ofthe house, the president of the senate, the chairperson of the house committeeon environment and natural resources and the chairperson of the senatecommittee on environment and agriculture, not later than February 1, 2005, aplan, including an implementation program with cost estimates, recommendedsources of funding, measurable goals, objectives, and targets and limitationsfor nutrient introduction into the waters of the state, for the purposes of:(i) managing nutrient loadings and the effects of nutrients in the waters ofthe state; and (ii) preventing and eliminating conditions of eutrophication.
§ 46-12-3 Powers and duties of thedirector. – In addition to the other powers granted the director of the department ofenvironmental management herein, the director shall have and may exercise thefollowing powers and duties:
(1) To exercise general supervision of the administration andenforcement of this chapter, and all rules and regulations and orderspromulgated hereunder;
(2) To develop comprehensive programs for the prevention,control, and abatement of new or existing pollution of the waters of this state;
(3) To advise, consult, and cooperate with other agencies ofthe state, the federal government, other states, and interstate agencies andwith affected groups, political subdivisions, and industries in the furtheranceof the purposes of this chapter;
(4) To accept and administer loans and grants from thefederal government and from other sources, public or private, for the carryingout of any of its functions, which loans and grants shall not be expended forother than the purposes for which provided;
(5) To encourage, participate in, or conduct studies,investigations, research, and demonstrations relating to water pollution andits causes, prevention, control, and abatement thereof, as he or she may deemadvisable and necessary for the discharge of his or her duties under thischapter;
(6) To collect and disseminate information relating to waterpollution and the prevention, control, and abatement thereof;
(7) Except as otherwise provided in subdivision (24) below,to promulgate standards of water quality and to classify the waters of thestate accordingly;
(8) To administer state grants to municipalities andpolitical subdivisions for the construction of sewage treatment works;
(9) To hold hearings, to issue notices of hearings andsubpoenas requiring the attendance of witnesses and the production of evidence,and to administer oaths and to take testimony, that he or she may deemnecessary;
(10) To approve, pursuant to standards adopted by theenvironmental standards board, the construction, modification, and operation ofdischarge systems or any parts thereof, and to require the prior submission ofplans, specifications, and other data relative to discharge systems and torequire that the plans, specifications, or other data be certified by aprofessional engineer registered in Rhode Island, and to inspect the systemseither under construction or in operation;
(11) To issue a permit for the discharge of any pollutant orcombination of pollutants or to issue a general permit authorizing a categoryof discharges within a geographical area upon conditions as may be necessary tocarry out the purposes of this chapter and of the Clean Water Act, 33 U.S.C.§ 1251 et seq., which may include, but not be limited to, providing forspecific effluent limitations and levels of treatment technology, monitoring,recording, and reporting standards, or to deny a permit or general permit;
(12) To renew, revoke, modify, or suspend in whole or in partany permit, order, or schedule of compliance pursuant to the provisions of thischapter, and any rules and regulations promulgated thereunder;
(13) To approve the discharge of pollutants into the watersof this state pursuant to all applicable standards;
(14) To require publicly owned treatment works to adopt andimplement requirements regarding the pretreatment of pollutants consistent withexisting federal requirements, and to require compliance by all persons withpretreatment requirements;
(15) To issue such orders as may be necessary to prevent theunauthorized construction, modification, or operation of discharge systems andthe discharge of pollutants into the waters of this state;
(16) To require proper maintenance and operation of dischargesystems;
(17) To consult the advisory council on environmental affairson the policies and plans for the control and abatement of pollution;
(18) To make, issue, amend, and revoke reasonable rules andregulations for the prevention, control, and abatement of pollution and theenforcement of orders issued hereunder, including public notice and commentrequirements;
(19) To exercise all incidental powers necessary to carry outthe purposes of this chapter;
(20) To approve the operation of treatment facilities,pursuant to the provisions of chapters 3, 11, and 18 of title 44;
(21) To promulgate and enforce rules and regulations togovern the location, design, construction, maintenance, and operation ofunderground storage facilities used for storing petroleum products or hazardousmaterials to prevent, abate, and remedy the discharge of petroleum products andhazardous materials into the waters of the state; provided that all undergroundstorage tanks and associated piping installed after September 1, 1991 shallprovide for secondary containment in a manner approved by the director; andprovided that the installation of underground storage tanks is prohibited atsites located within wellhead protection areas for community water supply wellsas designated by the director and consistent with chapter 46-13.1. Thisprohibition shall not apply to the replacement or upgrading of existingunderground storage tanks installed prior to July 1, 1991, provided that suchactivity take place in accordance with all applicable state and federalregulations;
(22) To promulgate and enforce rules and regulations togovern the installation, construction, operation, and abandonment of monitoringwells;
(23) To promulgate and enforce rules and regulations togovern the location, design, installation, operation and maintenance ofsubsurface disposal systems which receive the discharge of pollutants and ofsubsurface containment systems, including underground storage tanks, used tocontain or control the discharge of pollutants below the ground surface.
(24) In connection with the dredging and transportation anddisposal of dredge material, to promulgate and adopt water quality standardsthat conform with the federal Environmental Protection Agency's applicablewater quality rules and regulations and guidelines, including, but not limitedto, the federal Environmental Protection Agency's rules and regulations andguidelines for deviating from said standards. The department of environmentalmanagement shall also apply the applicable standards and guidelines and adoptthe procedures as set forth in the manual identified as "Evaluation of DredgeMaterial for Purpose of Ocean Disposal. Testing Manual Put Together by EPA andArmy Corps of Engineers in February, 1991" and any amendments or supplements orsuccessor manuals thereto to the extent that the same are relevant to dredging,transportation and/or disposal of dredge materials in tidal waters or anydocuments or manuals approved by the federal Environmental Protection Agencyrelating to dredging, transportation and/or disposal of dredge materials; and
(25) To prepare and to submit to the governor, the speaker ofthe house, the president of the senate, the chairperson of the house committeeon environment and natural resources and the chairperson of the senatecommittee on environment and agriculture, not later than February 1, 2005, aplan, including an implementation program with cost estimates, recommendedsources of funding, measurable goals, objectives, and targets and limitationsfor nutrient introduction into the waters of the state, for the purposes of:(i) managing nutrient loadings and the effects of nutrients in the waters ofthe state; and (ii) preventing and eliminating conditions of eutrophication.
