Overview
These regulations, under the authority of various Rhode Island General Laws, provide a comprehensive framework for investigating and remediating hazardous material releases to protect human health and the environment.
Purpose
The regulations establish a consistent and integrated program for reporting, investigating, and remediating contaminated sites. The objective is to manage risks to human health and the environment through clear cleanup objectives for soil and groundwater, considering current and future land use.
Key Functions
1. Regulation and Approval: Oversee the investigation and cleanup of hazardous material releases, including granting or revoking permits and approvals for remediation efforts.
2. Environmental Justice: Ensure fair treatment and meaningful involvement of all communities, particularly those disproportionately affected by environmental hazards, in decision-making.
3. Public Involvement: Promote public participation in the investigation and cleanup process, ensuring timely and accurate information dissemination and opportunities for public input.
Key Definitions
• Hazardous Material: Any material containing hazardous substances as defined by federal regulations, excluding petroleum, asbestos, and radioactive materials.
• Contaminated-Site: Any area impacted by hazardous material releases requiring investigation and remediation.
• Responsible Party: Any individual or entity responsible for releasing hazardous materials, including property owners, operators, and transporters.
Procedures
1. Notification: Responsible parties must notify the Department of Environmental Management (DEM) of any hazardous material releases within 15 days of discovery.
2. Emergency Response: Immediate action is required to address imminent hazards, including notifying DEM and taking measures to contain and mitigate the release.
3. Site Investigation: Conduct a thorough investigation to assess the nature and extent of contamination and evaluate remedial alternatives. This includes developing a work plan, characterizing the site, and considering hydrogeological factors.
4. Public Notice and Involvement: Notify abutting property owners, tenants, and local authorities of investigation and remediation activities. Hold public meetings for sites proposed for reuse as schools, childcare facilities, or recreational areas to gather community input.
Cleanup Objectives
• Soil and Groundwater Standards: Establish clear cleanup objectives based on land use and environmental considerations to manage risks.
• Remedial Alternatives: Propose and evaluate at least two remedial alternatives, considering technical feasibility, cost-effectiveness, and compliance with state and local laws.
Compliance and Enforcement
• Inspections and Monitoring: DEM has the authority to inspect sites, obtain samples, and review records to ensure compliance with the regulations.
• Progress Reports: Responsible parties must submit periodic progress reports during the site investigation and cleanup.
• Final Approvals: Upon completion of remedial actions, DEM will issue a No-Further Action letter, Interim Letter of Compliance, or Letter of Compliance based on the adequacy of the cleanup.
These regulations are designed to protect public health and the environment by ensuring thorough and effective cleanup of contaminated sites. They also promote public involvement and address environmental justice concerns.
Further documentation can be found on the ESdat Environmental Standards page.
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