Section 250-RICR-140-30-2.6 - DefinitionsA. As used in these rules and regulations the following definitions will apply: 1. "40 C.F.R. ..." means that section or subsection of the Code of Federal Regulations, Title 40, Protection of Environment, Chapter l, Environmental Protection Agency. References to the Administrator, appearing therein, shall be interpreted as referring to the Director.2. "Applicant" means any person or persons applying for monies under these rules and regulations.3. "Brownfields site" means a property where a known or suspected release of petroleum and/or hazardous material presents a barrier to the sale, reuse, or redevelopment of the site, or where uncertainty on the costs of remediation adversely impacts the value of the property.4. "Construction" means the building, alteration, rehabilitation, improvement, or extension of a project, including the necessary planning, design and engineering associated with the specific project.5. "Contaminated-site" means any Source Area or series of Source Areas that have not reached final resolution under the Remediation Regulations. A Contaminated-Site may include unimpacted land between multiple Source Areas in close proximity to one another. A Contaminated-Site shall be considered to be independent of property lines.6. "Department" means the Rhode Island Department of Environmental Management (RIDEM).7. "Director" means the Director of the Department of Environmental Management or the subordinate(s) to whom the Director has delegated powers and duties vested in the Director by these regulations.8. "Fund" means the Brownfields Remediation and Economic Redevelopment Fund, as established by these regulations.9. "Groundwater" means water found underground which completely fills the open spaces between particles of sand, gravel, clay, silt and bedrock fractures. The zone of materials filled with groundwater is called the zone of saturation.10. "Grant" means money given to eligible entities with no repayment due if the grantee is in substantial compliance with all terms of the grant.11. "Grant match" means the required 20% match on Bond Funding. At the sole discretion of the Review Committee, in-kind services may be considered as credit towards the 20% match.12. "Office of Land Revitalization and Sustainable Materials Management" means the organizational unit with the Department of Environmental Management responsible for the regulation of waste management activities and the investigation and remediation of contaminated sites.13. "Performing party" or "Parties" means any Bona Fide Prospective Purchaser, Responsible Party, voluntary party or any other party (or parties) conducting an investigation of and/or Remediation at a Contaminated-Site.14. "Person" means an individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, association, fiduciary, legal entity, the Federal Government or any agency or sub-division thereof, a state, municipality, commission, political sub-division of a state, or any interstate body.15. "Release" means it will be defined by 40 C.F.R. § 300.5 (2017), incorporated by reference, not including any further editions or amendments thereof and only to the extent that the provisions therein are not inconsistent with these regulations. This shall exclude any of the following: a. Any Release from a process, activity or Contaminated-Site allowed under a permit, license or approval by any regulatory process or legal authority;b. Any Release of Hazardous Materials solely derived from common household materials and occurring at the household; or c. Any Release that is completely contained within an area or structure designed and engineered to contain such materials.d. Release shall also include an actual or potential threat of Release.e. Concentrations of PCBs greater than 10 micrograms/100 cm2, as measured by a standard wipe test, on any surface shall constitute a Release. The Director may determine that an area with PCB contamination at concentrations lower than specified above requires investigation and/or remediation due to site-specific circumstances.16. "Remediation" means the act of implementing, operating and maintaining a Remedy or Remedial Action.17. "Revolving loan fund" means the Brownfields Revolving Fund established by R.I. Gen. Laws § 23-19-16.18. "Small business" means an independently owned and operated company that is limited in size and in revenue depending on the industry as defined by the U.S. Small Business Association (SBA).19. "Source area" means the horizontal and vertical extent of natural or man-made media impacted by a Release of Hazardous Materials or causing a Release of Hazardous Materials at concentrations in excess of the reportable concentrations described in Rules and Regulations for the Investigation and Remediation of Hazardous Material Releases, §§1.6.1(C) and (D) of this Subchapter (Reportable Concentrations for Soil and Reportable Concentrations for Groundwater), and determined by the Department to pose a potential threat to human health and the environment. For purposes of these regulations, sanitary landfills licensed under the Rules and Regulations for Solid Waste Management Facilities and Organic Waste Management Facilities (Subchapter 05 Part 1 of this Chapter) on or after 18 June 1992 are not Source Areas.250 R.I. Code R. 250-RICR-140-30-2.6
Amended effective 4/22/2020