250 R.I. Code R. 250-RICR-140-30-1.5

Current through December 26, 2024

Section 250-RICR-140-30-1.5 - Prohibitions, Management, Inspections, and Analytical Methods

1.5.1Prohibition on Unpermitted Release or Disposal

No Person shall release any Hazardous Material in any manner which may impact the classification or uses of the land, ground water, or Surface Water without complying with all applicable Rules and Regulations.

1.5.2 Management of Unpermitted Releases

A. Any Responsible Party who discovers or is notified of the potential unpermitted disposal, release or presence of Hazardous Materials released from, present on, or originating from its operations or property shall immediately initiate investigations and actions as specified in §§ 1.6 through 1.13 of this Part.

B. Sites listed on the National Priorities List shall comply with the requirements of the National Contingency Plan, 40 C.F.R. § 300, incorporated above at § 1.3(A) of this Part. Said sites shall also comply with these regulations where applicable or relevant and appropriate, or more stringent than EPA requirements, including, but not limited to, the requirements of § 1.9 of this Part.

1.5.3 Additional Compliance

Any action taken pursuant to the requirements of these regulations shall be done in compliance with all applicable environmental statutes and regulations. Nothing in these regulations shall be construed to limit the authority of the Department to act pursuant to other existing statutes and regulations.

1.5.4Inspections; Right of Entry

A. For purposes of enforcement of these regulations, the Director may:

1. Enter any place the Director has reason to believe Hazardous Materials are generated, used, stored, treated, or disposed of, and which may have contributed to a Release;

2. Inspect any place, material, vessel or transport vehicle that the Director has reason to believe is associated with a Release of Hazardous Material;

3. Obtain samples of any material, from any vessel or transport vehicle or place, which the Director has reason to believe was Released, is or was contaminated by a Release, or is otherwise associated with a Release, of Hazardous Material; and

4. Inspect and copy records, reports, information, or test results kept or maintained at any place, on any vessel or transport vehicle, that the Director has reason to believe is associated with a Release of Hazardous Material.

1.5.5Analytical Methods

To the extent that laboratory analysis is utilized pursuant to § 1.6 of this Part, the analytical protocol shall be consistent with the specified methods listed in § 1.16 of this Part. Equivalent or alternative methods may be used throughout any other phase of the management of a Contaminated-Site with specific prior written approval from the Director.

250 R.I. Code R. 250-RICR-140-30-1.5

Amended effective 4/22/2020