§ 23-18.9-14. Testing and analysis of air and water — Environmental management district.
(a) Applicability. This section applies to all solid waste management facilities/activities regulated
pursuant to this chapter that are undertaken within and in the vicinity of an area
known as the environmental management district, located in the town of Johnston and
the city of Cranston; the district is bounded by Plainfield Pike on the south; Peck
Hill Road on the west; Central Avenue on the north; and I-295 on the east.
(b) On-site monitoring.
(1) The director of the department of environmental management (DEM), in consultation
with the director of the department of health (DOH), is authorized to promulgate any
rules and regulations that are necessary to require the development and implementation
of onsite ambient air and water monitoring plans for all facilities/activities covered
by this section. The regulations shall be promulgated no later than December 31, 2000,
and shall be subject to the Administrative Procedures Act, chapter 35 of title 42. These regulations shall, at a minimum, provide for the following:
(i) Define the minimum criteria that shall require the development and implementation
of an onsite ambient air and water monitoring plan;
(ii) Establish the time period that a facility/activity shall have to initially prepare
an onsite ambient air and water monitoring plan and submit it to DEM for review;
(iii) Define the minimum content that shall be included in an onsite ambient air and water
monitoring plan;
(iv) Establish the criteria that DEM shall use for review and approval of an onsite ambient
air and water monitoring plan;
(v) Establish the criteria that DEM shall use for determining how long an approved onsite
ambient air and water monitoring plan must remain in effect and the criteria for termination
of an approved onsite ambient air and water monitoring plan; and
(vi) Define the process for public involvement in the development and review of onsite
ambient air and water monitoring plans.
(2) The facility shall implement the outside ambient air and water monitoring plan within
thirty (30) days of DEM approval. Data collected under onsite ambient air and water
monitoring plans shall be evaluated by both DEM and DOH. DOH shall provide a written
evaluation of this data to the host community(s), the facility(s), any oversight council
or organization that focuses on the environmental management district, and any members
of the public who request the evaluation.
(3) Should a facility not abide by the newly promulgated rules and regulations requiring
a party to conduct an onsite ambient air and water monitoring plan, the director shall
take enforcement action to compel those activities. The director may, at his or her
discretion, prepare and implement an onsite ambient air and water monitoring plan
for facilities that do not comply with the order. The facility shall be responsible
to reimburse DEM for all costs, including interest, incurred in developing and implementing
a plan.
(c) Offsite monitoring.
(1) If, upon the evaluation of data provided pursuant to subsection (b), the DEM and DOH
directors jointly determine that any facility/activity is causing emissions of air
or water pollutants at levels that could cause adverse health impacts, create objectionable
or nuisance odors, or otherwise adversely impact human health or the environment,
either individually or in conjunction with other sources in the surrounding community(s),
the DEM director, in consultation with the DOH director, is authorized to require
the facility(s)/activity(s) to develop and implement offsite ambient air and/or water
monitoring plans within the environmental management district. Regulations governing
the development and implementation of these offsite plans shall be promulgated in
conjunction with, and subject to the same provisions as those authorized under subsection
(b).
(2) Any facility subject to the offsite monitoring requirement shall implement the offsite
ambient air and/or water monitoring plan within thirty (30) days of DEM approval.
Data collected under offsite ambient air and/or water monitoring plans shall be evaluated
by both DEM and DOH. DOH shall provide a written evaluation of this data to the host
community(s), the facility(s), any oversight council or organization that focuses
on the environmental management district, and any members of the public who request
the evaluation.
(3) Should a facility not abide by the newly promulgated rules and regulations requiring
a party to conduct an offsite ambient air and/or water monitoring plan, the director
shall take enforcement action to compel those activities. The director may, at his
or her discretion, prepare and implement an offsite ambient air and/or water monitoring
plan for facilities that do not comply with the order. That facility shall be responsible
to reimburse DEM for all costs, including interest, incurred in developing and implementing
a plan.
(d) Ambient monitoring. In addition to any off-site monitoring required pursuant to subsection (c) above,
Rhode Island Resource Recovery Corporation shall establish and operate an off-site
ambient air monitoring network consisting of not less than six (6) monitoring locations,
four (4) of which shall be located in Johnston and two (2) of which shall be located
in Cranston. The objective of the monitoring network shall be to continuously monitor
ambient air for the presence of odorous contaminants from landfill gas. Wind speed
and wind direction shall also be recorded continuously at the monitoring locations.
The locations of said monitors shall be determined by the department of environmental
management, in consultation with the host community of the subject monitor. The contaminants
of concern to be monitored and the methodology of monitoring shall be determined by
the department of environmental management, in consultation with the department of
health. Results from monitoring shall be submitted to the department of environmental
management, the department of health, the town of Johnston, the city of Cranston,
and posted on a publicly accessible page on the Rhode Island Resource Recovery Corporation
website for reference by the public. All costs of purchasing, installing, and operating
the monitoring network shall be paid by Rhode Island Resource Recovery Corporation.