§ 23-18.9-9.1 - Disposal of solid waste over drinking water sources.
SECTION 23-18.9-9.1
§ 23-18.9-9.1 Disposal of solid waste overdrinking water sources. – (a) The general assembly recognizes and declares that disposal of solid wasteon or in the ground overlying underground drinking water sources is not anenvironmentally sound solid waste management practice, and that such disposalcould threaten the public health with contamination of existing and futuremunicipal drinking water supplies.
(b) Solid waste landfill facilities shall be prohibited inthe following areas:
(1) Watersheds of existing surface drinking water supplies;
(2) Watersheds of the proposed Big River Reservoir;
(3) Groundwater recharge areas designated by the director asGAA pursuant to chapter 13.1 of title 46,and ground water protection areasdesignated by duly adopted zoning ordinances, pursuant to § 45-24-33(a)(7)and/or § 45-24-33(a)(20) and approved by the water resources board;
(4) One hundred (100) year flood plains;
(5) Areas within two hundred feet (200') of the coast and/orcoastal high hazard areas;
(6) Areas designated by the National Oceanic and AtmosphericAdministration of the United States Department of Commerce as a nationalestuarine sanctuary;
(7) Coastal barriers;
(8) Wellhead protection areas as designated by the director.
(9) Notwithstanding all of the preceding, any landfill sitemust include the acquisition and maintenance of a heavily vegetated buffer zoneof at least 600 feet (600') between any working face or excavated area andadjacent property. Further, the outer limit of any landfill site must belocated at least twelve hundred feet (1,200') from the center line of freshwater rivers as determined by the state planning council which shall includebut not be limited to the following: Ashaway River, Beaver River, BlackstoneRiver, Chepachet River, Clear River, Falls River, Flat River, Hunt River,Moshassuck River, Moosup River, Narrow River, Pawcatuck River, (also known asthe Charles River) and its tributaries, Pascoag River, Pawtuxet River and WoodRiver.
(c) Incinerators and resource recovery facilities shall beprohibited in the following areas:
(1) Coastal high hazard areas;
(2) Wellhead protection areas as designated by the director;
(3) Areas designated by the National Oceanic and AtmosphericAdministration of the United States Department of Commerce as a nationalestuarine sanctuary;
(4) Coastal barriers.
(d) The state planning council may, except for statutorilymandated sites, designate other areas where solid waste landfills,incinerators, and resource recovery facilities are prohibited.
(e) Where an existing solid waste managementfacility-landfill overlies the groundwater reservoir or groundwater rechargearea designated by the municipality in accordance with subsection (b), thedirector is authorized to order cessation of solid waste disposal operationsand closure of the landfill under the following conditions:
(1) The municipality has, after notice and public hearing, byresolution to the director, requested the director to determine whether thecontinued operation of any solid waste management facility-landfill on or overthe reservoir or recharge area presents a hazard to the public drinking watersource; and
(2) The director after investigation, notice, and hearing tothe landfill, determines that the existing solid waste managementfacility-landfill does present a hazard to the public drinking water source.
(f) Any party aggrieved by a decision of the director underthis section may obtain judicial review of the decision in accordance with theprovisions of §§ 42-35-15 and 42-35-16 of the AdministrativeProcedures Act. In addition, the owner of an existing solid waste managementfacility-landfill, may bring a civil action in the superior court in which thesolid waste management facility-landfill is located that the decision by thedirector of environmental management constitutes a taking under chapter 6 oftitle 37, as amended, and shall be entitled to petition the superior court torecover just compensation.