Section 250-RICR-140-30-1.2 - PurposeA. The purpose of these regulations is to create an integrated program requiring reporting, investigation and remediation of Contaminated-Sites in order to eliminate and/or control threats to human health and the environment in a timely and cost-effective manner. To ensure consistency and certainty in the process, clean up objectives for soil and groundwater have been developed to manage the risks to human health and the environment, and are to be applied in a manner consistent with the current and reasonably expected future use of the contaminated property.B. It has been and shall be the policy of the State to require Performing Parties to investigate, evaluate and remediate both existing and new unpermitted sources of pollutants, which will or may likely adversely affect human health or impact the waters, including groundwater of the State.C. Functions 1. The primary functions of the Department pursuant to these Rules and Regulations are to regulate the investigation and remediation of contamination resulting from Releases of Hazardous Materials; the granting, denial, suspension or revocation of approvals and permits for remediation of that contamination; and the granting, denial, suspension, revocation or approval of the plans and specifications for the installation of any equipment for such remediation.2. These regulations are intended to minimize environmental hazards resulting from the unpermitted Release of Hazardous Materials. These regulations are not designed to address aesthetic considerations after risk-based remediation is complete. To the extent that nuisance conditions persist after human health and environmental risks have been eliminated, any disputes concerning these nuisance issues will continue to be addressed through other appropriate legal venues.3. These regulations are also not intended to duplicate regulatory requirements at sites involving lead contamination, and that meet the definition of a "Regulated Facility", as defined in 216-RICR- 50-15-3, "Lead Poisoning Prevention", administered by the R.I. Department of Health. Direct exposure issues associated with lead contaminated soil may be remediated using measures consistent with the requirements of the Department of Health's "Lead Poisoning Prevention", 216-RICR- 50-15-3.D. Environmental Justice and Public Involvement: 1. Environmental Justice is the fair treatment and meaningful involvement of all people regardless of race, color, national origin, English language proficiency, or income with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies. The Department has established this goal for the review of the investigation and remediation of properties with actual or suspected contamination in all communities and for all persons across this State. It will be achieved when everyone enjoys a fair share of environmental benefits and the same degree of protection from environmental and health hazards, as well as equal access to the decision-making process to help ensure a healthy environment in which to live, learn, and work.2. As properties are investigated and cleaned up, the Department will promote public participation based on the beliefs that individuals should have a timely, meaningful way to participate in decisions that impact them, and that public participation in its best form is an ongoing, two-way process that benefits both the public and the agency. The Department defines public participation as people getting timely and accurate information, being heard at meaningful times, and if interested, contributing to the development of workable solutions. The public often holds diverse views and the Department will strive to ensure that diverse voices are heard.3. The Department's objective is to provide for proactive consideration of environmental justice concerns in order to help ensure that all communities have a strong voice in environmental decision-making relative to the investigations and remediation of property regardless of race, color national origin, English language proficiency, or income.4. The program(s) established under these regulations will be implemented in an efficient and effective manner to support the proper clean-up of contaminated sites while recognizing the need for re-investment, and redevelopment of contaminated properties, including those sites in our urban communities. Investors and developers must see a clear, predictable process for interacting with both the Department and communities around the properties undergoing investigation and clean-up. Care must be taken to effectively address community concerns without imposing additional administrative process and delays into projects whenever possible.250 R.I. Code R. 250-RICR-140-30-1.2
Amended effective 4/22/2020