Section 46-12.9-1. – Short title.

§ 46-12.9-1. Short title. This chapter shall be known as the “Rhode Island Underground Storage Tank Financial Responsibility Act”. History of Section.P.L. 1994, ch. 144, § 1.

Section 46-12.9-10. – Nonparticipation in insurer’s insolvency fund.

§ 46-12.9-10. Nonparticipation in insurer’s insolvency fund. Notwithstanding any other provisions of the law to the contrary, the Rhode Island underground storage tank financial responsibility act shall not be considered an insurance company or insurer under the laws of this state and shall not be a member of nor be entitled to claim against the […]

Section 46-12.9-11. – Fundings.

§ 46-12.9-11. Fundings. (a) There is hereby imposed an environmental protection regulatory fee of one cent ($0.01) per gallon payable of motor fuel, to be collected by distributors of motor fuel when the product is sold to owners and/or operators of underground storage tanks. Each distributor shall be responsible to the tax administrator for the […]

Section 46-12.9-12. – Severability.

§ 46-12.9-12. Severability. If any of the provisions of this chapter or the applicability thereof is held invalid by any court of competent jurisdiction, the remainder of these provisions of this chapter shall not be affected hereby. History of Section.P.L. 1994, ch. 144, § 1.

Section 46-12.9-2. – Legislative findings.

§ 46-12.9-2. Legislative findings. The general assembly finds: (1) That a state administered underground storage tank (UST) clean-up fund is needed to provide an effective mechanism for USTs owners to comply with financial responsibility requirements and to insure that the environmental and public health impacts of UST leaks are addressed in an effective and timely […]

Section 46-12.9-3. – Definitions.

§ 46-12.9-3. Definitions. When used in this chapter: (1) “Advisory board” means the Rhode Island underground storage tank financial responsibility advisory board established pursuant to the provisions of § 46-12.9-8. (2) “Department” means the Rhode Island department of environmental management. (3) “Director” means the director of the department of environmental management, or his or her […]

Section 46-12.9-4. – Petroleum cleanup fund.

§ 46-12.9-4. Petroleum cleanup fund. (a) There is hereby established the Rhode Island underground storage tank financial responsibility fund. (b) The fund shall consist of any funds that the state may, from time to time, appropriate, as well as money received as gifts, grants, bequests, donations, or other funds from any public or private sources […]

Section 46-12.9-5. – Purpose of fund.

§ 46-12.9-5. Purpose of fund. (a) The purpose of the fund shall be to facilitate the clean-up of releases from leaking underground storage tanks, underground storage tank systems, including those located on sites in order to protect the environment, including drinking water supplies and public health. (b) The fund shall provide reimbursement to responsible parties […]

Section 46-12.9-6. – Eligibility.

§ 46-12.9-6. Eligibility. (a) In order to be eligible for reimbursement from the fund for eligible costs, a responsible party must be subject to financial responsibility as required by the EPA (40 C.F.R. part 280 subpart H) and: (1) Have substantially complied with all state regulatory requirements for underground storage tanks and underground storage tank […]

Section 46-12.9-7. – Rules and regulations.

§ 46-12.9-7. Rules and regulations. The department is hereby authorized to promulgate, implement, and amend regulations, in accordance with the provisions of chapter 35 of title 42, providing for the submission of claims to the fund and the timely disbursement of monies from the fund. Such regulations shall include, but not be limited to, the […]

Section 46-12.9-8. – Advisory board.

§ 46-12.9-8. Advisory board. (a) There is hereby authorized, created, and established the “underground storage tank advisory board,” to have such powers as are provided herein. (b) The advisory board shall consist of seven (7) members, as follows: the director of the department of environmental management, or his or her designee, who shall be a […]

Section 46-12.9-9. – Reconsideration hearing.

§ 46-12.9-9. Reconsideration hearing. Any person aggrieved by a decision on a claim submitted to the department may request a reconsideration hearing before the department of environmental management administrative adjudication division under the provisions of the regulations of that office and such regulations shall be consistent with the Rhode Island administrative procedures act, chapter 35 […]