250 R.I. Code R. 250-RICR-140-30-1.6

Current through December 26, 2024

Section 250-RICR-140-30-1.6 - Notification

1.6.1Notification of Release

A. A Responsible Party shall notify the Department, in writing in both hard copy and electronic format (as specified by the Department), of the discovery of any Release in accordance with the requirements of this rule which was not previously reported to the Department by any Responsible Party. Any Release which requires notification pursuant to this rule shall be reported no later than 15 days after the discovery of the Release.

B. Exemptions from Notification Any Release that is solely the result of an underground injection control system or a leaking underground storage tank is exempt from the reporting requirements of the Remediation Regulations.

C. Reportable Concentrations for Soil

1. For those concentrations of Hazardous Substances which are in excess of any of the soil objectives as specified in Tables 1 or 2, §§1.9.2(C)(2) or (3) of this Part, as appropriate, or which are not specified in Tables 1 or 2, §§1.9.2(C)(2) or (3) of this Part and are in an amount and concentration which present a significant potential to cause an acute or chronic adverse effect on human health or the environment, the Responsible Party shall provide notification to the Office of Land Revitalization and Sustainable Materials Management consistent with §1.6.2 of this Part except as otherwise provided in this Part.

2. Notification of a Release for soil is not required provided that all of the following site conditions are met:

a. The Release has impacted an area currently limited to Industrial or Commercial Activity;

b. The reasonably foreseeable future use of the property impacted by the Release is limited to Industrial/Commercial Activity;

c. The groundwater underlying the site is classified as a GB area;

d. There are no well head protection areas or active wells known to the Performing Party or their representatives within 500 feet;

e. The Hazardous Substances of concern are listed in Tables 1 and 2, §§1.9.2(C)(2) and (3) of this Part, and are at concentrations which are below the industrial or commercial Direct Exposure Criteria, and below the GB leachability criteria as listed in those tables, respectively;

f. There are no GA/GAA areas within 500 feet of the Release;

g. The abutting properties are used for Industrial/Commercial Activity; and

h. There is no physical boundary of any wetland or surface water within 500 feet of the Release.

D. Reportable Concentrations for Groundwater

1. Responsible Parties that have had a Release which has impacted or threatens to impact groundwater shall notify the Department when:

a. Any Hazardous Substance in groundwater is at a concentration which exceeds any of the groundwater objectives for the Hazardous Substance as specified in Tables 3 and 4, §§1.9.3(F) (4) and (5) of this Part, as appropriate; or

b. Any Hazardous Substance in groundwater which is not specified in Tables 3 or 4, §§1.9.3(F)(4) or (5) of this Part is in an amount and concentration which presents a significant potential to cause an acute or chronic adverse effect on human health or the environment; or

c. A Responsible Party has reasonable cause to believe that a discharge or Release has occurred which may result in an exceedance of any appropriate groundwater objective.

1.6.2Contents of Notification

A. For any Release of Hazardous Materials which triggers notification pursuant to §1.6.1 of this Part the written notification shall include, but not necessarily be limited to, all of the following information (a form is on the Department's Office of Land Revitalization and Sustainable Materials Management Site Remediation web page at http://www.dem.ri.gov/pubs/forms/hwreleas.pdf which may be used as the notification submittal for all Releases except for those Releases posing an Imminent Hazard):

1. The names, addresses and telephone numbers of: the Person notifying the Department of the Release; the Owner(s) and Operator(s) of any properties impacted by the Release or of the vessel where the Release has occurred; any other Responsible Parties; and the contact Person at the impacted area or vessel where the Release has occurred;

2. The city/town, street address, legal description (plat and lot) and the general location of the area impacted by the Release;

3. The date of and the circumstances leading to and surrounding the discovery of the Release;

4. An identification of the Hazardous Material Released, the approximate concentrations of Hazardous Substances in the Released material and the approximate quantity of the Hazardous Material Released;

5. An initial estimate of the source of the Release and the extent of contamination resulting from the Release;

6. Measures taken or proposed to be taken in response to the Release as of the time of notification;

7. Any other relevant information relating to the potential for environmental impacts and other factors evaluated in determining whether or not the Release presents an Imminent Hazard, including but not limited to:

a. A determination as to whether a Release of Hazardous Material has the potential to adversely impact any wetland or surface water; and

b. A determination as to whether the extent of Hazardous Material contamination in soil or groundwater is within 500 feet of a surface water or wetland;

8. A determination as to whether the Release impacts an area utilized for Residential Activity, industrial commercial activity, or both;

9. An identification of the underlying groundwater classification, and if the classification is GB, the distance to the nearest GA/GAA area; and

10. An indication of whether a background determination consistent with §1.9.6 of this Part will be performed and submitted subsequent to notification.

250 R.I. Code R. 250-RICR-140-30-1.6

Amended effective 4/22/2020