Rhode Island-New Department of Environmental Management Policy
May 1, 2002
Over the years, the complaints I hear most often from
clients about the Rhode Island Department of Environmental Management (DEM) are
that the process takes too long and one is never quite sure what to expect. For
"marginal risk" sites, DEM has just embarked on a new policy that will provide
clearer expectations for property owners cleaning up and developing such sites.
In January 2002, DEM's Office of Waste Management, issued
the marginal risk sites policy. For qualifying sites, this policy presents a
great opportunity for property owners to expedite DEM's review of a site in a
way that is cost effective, while still being protective of the environment. In
a notable advancement in cleaning up and developing marginal risks sites, DEM
will strive to review complete applications for such sites within 42 days,
including public comment. Also, DEM has established specific criteria for the
types of sites that will qualify and presumptive remedies for them.
The characteristics of a marginal risk site include, among
others, industrial/commercial development, outside the 100-year flood plain, and
lack of ground water impacts. Presumptive remedies include pre-approved capping
alternatives and removal of jurisdictional waste material from the soil.
By setting forth certain criteria and remedies for marginal
risk sites, DEM has taken a large step forward in promoting uniformity so that a
property owner will know what to expect in regard to time and remedy and, thus,
cost.
For more information, contact Robin L. Main.
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