§ 46-32-2. Interim drinking water standard and testing requirements.
(a) As used in this chapter, "PFAS contaminants� means perfluorooctanoic acid (PFOA),
perfluorooctane sulfonic acid (PFOS), perfluorohexane sulfonic acid (PFHxS), perfluorononanoic
acid (PFNA), and perfluoroheptanoic acid (PFHpA), and perfluorodecanoic acid (PFDA).
(b) On or before July 1, 2023, all public water supply systems in the state as defined
by § 46-13-2, except transient, non-community water systems as defined by the department of health
in 216-RICR-50-05-1 as may be amended, shall conduct monitoring for the presence of PFAS contaminants
in drinking water supplied by the system. Regular monitoring shall be conducted as
follows until adoption of maximum contaminant level rules pursuant to § 46-32-4:
(1) If monitoring results detect the presence of any PFAS contaminants individually or
in combination in excess of the interim drinking water standard level of twenty parts
per trillion (20 ppt), the public water supply system shall conduct continued quarterly
monitoring.
(2) If monitoring results detect the presence of any PFAS contaminants individually or
in combination at a level equal to or below the interim drinking water standard level
of twenty parts per trillion (20 ppt), the public water supply system shall conduct
continued monitoring annually.
(3) If monitoring results do not detect the presence of any PFAS contaminants, the public
water supply system shall conduct continued monitoring every two (2) years.
(c) If monitoring results under subsection (b) of this section confirm the presence of
any PFAS contaminants individually or in combination in excess of the interim drinking
water standard level of twenty parts per trillion (20 ppt), the department of health
shall require monitoring in a manner consistent with applicable regulations governing
synthetic organic contaminants, including but not limited to, requiring a confirmation
sample, prior to directing the public water supply system to implement treatment or
other remedy to reduce the levels of PFAS contaminants in the drinking water of the
public water supply system below the interim drinking water standard level.
(d) If the PFAs contaminants exceed the interim drinking water standard, the department
shall, within one hundred eighty (180) days of being notified of the exceedance, draft
and enter into a consent agreement with a public water supply system requiring dates
for submittal of construction plans and specifications, prepared and stamped by a
professional engineer registered in accordance with the provisions of chapter 8 of title 5, to the department of health, to implement treatment or other remedy to reduce the
levels of PFAS contaminants in the drinking water of the public water supply system
to at or below the interim drinking water standard level. If the department has not
approved a consent agreement within one hundred eighty (180) days, the director of
the department will take any and all action necessary to obtain compliance in accordance
with subsection (e) of this section.
(e) The director of the department of health is authorized to enforce the requirements
of this chapter in accordance with the provisions of chapter 13 of this title and
violations will be subject to the penalties imposed pursuant to § 46-13-16. A person may contest or appeal a decision of the director, a penalty imposed for
violation, or the fact of violation pursuant to the provisions of chapter 35 of title 42 (the "administrative procedures act�).