250 R.I. Code R. 250-RICR-140-30-1.7

Current through December 26, 2024

Section 250-RICR-140-30-1.7 - Emergency or Short-Term Response

1.7.1 Emergency or Short-Term Response Actions

A. The Responsible Party shall immediately notify the Department with the information outlined in §1.6.2 of this Part and take appropriate action to stop or minimize a Release of Hazardous Material posing an Imminent Hazard and/or any on-going spill of Hazardous Material at the time of discovery.

B. All Emergency or Short-Term Response Actions undertaken by the Responsible Party shall be conducted in a manner which is protective of human health and the environment.

C. No Emergency or Short-Term Response Action undertaken by the Responsible Party may be conducted in a manner which increases the potential for harm, either short-term or long-term, to human health or the environment.

1.7.2Treatment Actions

All Emergency or Short-Term Response Actions which include the treatment of Hazardous Material or of substances contaminated by a Release of Hazardous Material shall be approved by the Director prior to initiation.

1.7.3 Duration

A. The duration of Emergency or Short-Term Response Actions involving the treatment of Hazardous Material or of substances contaminated by a Release of Hazardous Material will be determined on an incident-specific basis by the Department.

B. The duration of any portion of an approved Emergency or Short-Term Response Action involving Hazardous Waste treatment is limited to less than twenty-four (24) hours from the time of discovery of the Release.

1.7.4 Emergency Permits

A. In cases where on-site treatment of Hazardous Waste is necessary to remove the Imminent Hazard, and it is anticipated to take longer than twenty-four (24) hours, Responsible Parties shall obtain an Emergency Permit prior to initiating the treatment actions proposed as part of that response.

B. Emergency Permit applications shall be submitted in both hard copy and electronic format (as specified by the Department) and shall include the manner and location of all proposed treatment operations.

C. Application for an Emergency Permit may be made orally with a written application following no later than forty-eight (48) hours after the discovery of the Release.

D. Emergency Permits may be granted orally with a written permit subsequently issued.

1.7.5Emergency Permit Duration

Emergency Permits shall not exceed ninety (90) days in duration.

1.7.6 Public Notice Requirements

A. Emergency Permit Requirements: All Emergency Permits will be accompanied by a public notice published in a local newspaper of largest regional circulation. The Responsible Party will write that notice in a block ad format and be responsible for its publication. A final copy of the public notice shall be submitted and approved by the Department prior to publication. The notice shall be published within ten (10) days of the Release.

B. The notice shall contain, at a minimum, the following information:

1. The name and address of the Responsible Party receiving the permit;

2. A brief description of the Hazardous Wastes involved;

3. A brief description of the treatment action and/or other actions authorized by the permit;

4. The name and address of the permitting agency; and

5. The duration and effective dates of the permit.

C. General: The Performing Party shall notify all abutting property owners, tenants, easement holders, the municipality, and any community well suppliers associated with any well head protection areas which encircle the Contaminated-Site, that the Emergency or Short-Term Response Action is complete and make available to them the findings of the Emergency or Short-Term Response Report submitted per §1.7.9 of this Part.

D. For Emergency or Short-Term Response Actions approved under § 1.7 of this Part, compliance with §1.7.6 of this Part shall constitute full Public Involvement, except for locations identified in §1.8.7(A)(3) of this Part. Locations specifically identified in §1.8.7(A)(3) of this Part shall also meet the additional Public Involvement requirements of §1.8.7 of this Part.

1.7.7Cessation Orders

The Director may order, via an Immediate Compliance Order or Order to Cease and Desist, the immediate cessation of any Emergency or Short-Term Response Action without process if the Director has reason to believe that the termination of that response action is necessary to protect human health or the environment. An order may also be issued if the Director finds that the Responsible Party has not complied with the terms and conditions of an Emergency Permit, or if the known or suspected Imminent Hazard has been removed.

1.7.8 Monitoring and Evaluation

In all cases where an Emergency or Short-Term Response Action is initiated, the Responsible Party shall, throughout the implementation of that action, monitor and evaluate the performance, effectiveness and completeness of the action in abating, preventing or eliminating contamination and, more specifically, the Imminent Hazard. The Director may require the submittal of progress reports on a specified schedule throughout the Emergency or Short-Term Response Action.

1.7.9Emergency or Short-Term Response Report:

A. Following the completion of any Emergency or Short-Term Response Action, the Responsible Party undertaking the action shall prepare an Emergency or Short-Term Response Report providing a detailed summary of all investigations and activities taken in response to the Release. This report shall be submitted to the Department in both hard copy and electronic format (as specified by the Department) within thirty days of completion of the Emergency or Short-Term Response Action.

B. The Emergency or Short-Term Response Report shall contain, where applicable, at least the following information:

1. The basis for the determination of whether the Release presented an Imminent Hazard;

2. The design specifications of any physical structures built or installed as part of the response;

3. A site plan showing the areal extent of the Release and noting all treatment units, pertinent structures, areas, and/or other aspects of the Release and Emergency or Short-Term Response Action;

4. Documentation of any off-site migration of Released material including notation of any factors, such as weather conditions, which may have caused or aggravated this migration;

5. The locations of all samples, including those from monitoring activities, taken and the results of the analysis of those samples;

6. The manifests, receipts and/or bills of lading for any Hazardous Material or material contaminated by the Release;

7. The nature, concentrations and extent of residual contamination. In cases where the Responsible Party considers the Emergency or Short-Term Response Action as the final remedy, the Responsible Party shall demonstrate compliance with § 1.9 of this Part, and

8. In cases where an Emergency Permit was issued, evidence that Public Notice was issued pursuant to the requirements of §1.7.6 of this Part.

1.7.10Certification Requirements

A. The Emergency or Short-Term Response Report and all associated progress reports shall include the following statements signed by an authorized representative of the party specified:

1. A statement signed by an authorized representative of the Person who prepared the Emergency or Short-Term Response Report certifying the accuracy of the information contained in that report to the best of their knowledge.

2. A statement signed by the Responsible Party responsible for the submittal of the Emergency or Short-Term Response Report certifying that the report is a complete and accurate representation of the circumstances known about the Release and the subsequent response activities to the best of their knowledge.

1.7.11Following review of the Emergency or Short-Term Response Report, the Department shall either issue

A. A No-Further Action Letter (NFA), if only localized areas of concern have been satisfactorily addressed, or B. A Letter of Compliance (LOC)/Interim Letter of Compliance (ILOC), if the site has been adequately assessed and/or deemed compliant, or C. A letter notifying the Responsible Parties that additional investigation, remedial actions, are required under §§ 1.8, 1.9, and 1.10 of this Part (as applicable).

250 R.I. Code R. 250-RICR-140-30-1.7

Amended effective 4/22/2020