§ 23-19.14-1. Legislative findings. It is recognized and acknowledged by the general assembly that: (1) In Rhode Island, there are hundreds of sites that have varying degrees of contamination from hazardous materials; (2) The contamination is often an obstacle to redevelopment due to the liability relating to the sites; (3) Clean up standards and objectives […]
§ 23-19.14-10. Settlement authorities. (a) The state may, through June 30, 2007, enter into an agreement with any person to perform any response action if the state determines that that action will be done properly by the person. Whenever practicable and in the public interest as determined by the state, the state shall act to […]
§ 23-19.14-11. Filing and public comment on settlement agreements. (a) The state shall provide, for settlement agreements that may be put into effect prior to July 1, 2007, an opportunity to persons who are not named as parties to the action to comment on the proposed agreement before its entry as a final judgment. Persons […]
§ 23-19.14-12. Protection from contribution actions. A party who is exempt from liability under §§ 23-19.14-7, 23-19.14-8 or 23-19.14-10 of this chapter shall not be liable for claims for contribution regarding matters addressed in the letter of compliance or the settlement agreement or the remedied agreement. History of Section.P.L. 1995, ch. 187, § 1; P.L. […]
§ 23-19.14-13. Authority to recover costs. (a) The head of any department or state agency with authority to undertake a response action under this chapter may consider, compromise, and settle a claim for costs incurred by their department or agency. (b) Cost recovery actions may include, upon recommendation by the economic development corporation, surrender of […]
§ 23-19.14-14. Windfall liens. (a) At any site where there are unrecovered response cost and/or additional remedial actions required, the state may place a lien upon the site for the unrecovered costs or outstanding actions. The maximum amount of the windfall lien may not exceed the total of the unrecovered response costs incurred by the […]
§ 23-19.14-15. Notice and validity of liens. (a) Any lien imposed under the authority of this chapter shall be subject to the rights of any purchaser, holder of a security interest, or judgment lien creditor whose interest is perfected under applicable state law before notice of the lien has been filed in the appropriate office […]
§ 23-19.14-16. Penalties for noncompliance. (a) Any responsible party who fails, without sufficient cause, to properly provide for removal or remedial action pursuant to a final order of the director of the department of environmental management may be liable to the state for punitive damages in an amount at least equal to, and not more […]
§ 23-19.14-17. Subrogation of authorities. Nothing in this chapter shall be construed to prevent the state from subrogating its authority to pursue cost recovery or assess punitive damages as part of a settlement action. History of Section.P.L. 1995, ch. 187, § 1.
§ 23-19.14-18. Powers and duties of the director. (a) The director of the department of environmental management is authorized to exercise all powers, direct and incidental, necessary to carry out the purposes of this chapter. The director of the department of environmental management may adopt any plans, rules, regulations, fees, procedures, and standards that may […]
§ 23-19.14-19. Liberal construction — Severability. The provisions of this chapter shall be construed liberally to effectuate its purposes. If any provision of this chapter or of any rule, regulation, or determination made under this chapter, or the application thereof to any person, agency, or circumstances, is held invalid by a court of competent jurisdiction, […]
§ 23-19.14-2. Declaration of policy. It shall be the policy of this state to assure that: (1) Activities are taken to control and eliminate contamination at industrial properties that are fair, consistent, and compatible with the current and reasonably foreseeable future use of the property; (2) Environmental barriers to economic redevelopment and beneficial reuse of […]
§ 23-19.14-3. Definitions. (1) “40 C.F.R.” means that section or subsection of the code of federal regulations, title 40, protection of environment, chapter 1, environmental protection agency. References to the administrator, appearing therein, shall be interpreted as referring to the director of the department of environmental management. (2) “All appropriate inquiries” means an environmental due […]
§ 23-19.14-4. Objectives of environmental clean-up. (a) The department of environmental management will develop, maintain and publish numerical objectives for the most commonly found hazardous substances. These objectives will be applicable for the clean-up of contaminated properties to levels which are protective of human health and the environment based on current and reasonably foreseeable future […]
§ 23-19.14-5. Environmental equity and public participation. (a) The department of environmental management shall consider the effects that clean-ups would have on the populations surrounding each site and shall consider the issues of environmental equity for low income and racial minority populations. The department of environmental management will develop and implement a process to ensure […]
§ 23-19.14-5.1. Brownfields program and continuous improvement. The department of environmental management shall provide for the coordination of the brownfield program, including consolidation of applications and hearing procedures for brownfield properties internally and across state agencies, the creation and maintenance of a consolidated application for brownfield projects which shall include all required department of environmental […]
§ 23-19.14-5.2. Entry of registered professional engineers onto certain property. Any registered professional engineer who is employed, retained and/or otherwise acting on behalf of a municipality of this state may enter, examine or survey, at any reasonable time, such places and real property which is either owned by a municipality or real property in which […]
§ 23-19.14-6. Liability for releases of hazardous materials. (a) Notwithstanding any other provision or rule of law, and subject only to the defenses presented in § 23-19.14-7, the state reaffirms the applicable provisions of 19.1 of this title, § 42-17.1-2, chapter 12 and chapter 13.1 of title 46 and defines the following parties as responsible […]
§ 23-19.14-6.1. Liability for releases of petroleum. Responsible parties for releases of petroleum are defined as all parties who are otherwise liable for an actual or threatened release of petroleum under any other applicable statute, rule, or common law. This section shall neither be construed as establishing new liabilities or obligations for parties responsible for […]
§ 23-19.14-7. Exemptions to liability. The following parties are not responsible parties and shall not be held liable for costs or damages associated with a release of hazardous material and/or petroleum: (1) Persons otherwise liable who can establish by a preponderance of the evidence that the release, or threat of release, of a hazardous substance […]
