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News Release
Office of the Governor
State of Rhode Island and Providence Plantations
State House, Providence, RI 02903

For Release: July 9, 2009
Contact: Amy Kempe 222-8290

GOVERNOR CARCIERI SIGNS LAW INCREASING FINES FOR INDUSTRIAL POLLUTION OFFENSES

Governor Donald L. Carcieri joined Representative John Edwards (Portsmouth/Tiverton), Senator Walter Felag, Jr. (Bristol/Tiverton/Warren), and the Department of Environmental Management (DEM) this morning at the Tiverton Town Hall for a ceremonial signing into law legislation that increases the maximum fines against industrial polluters from $1,000 to $25,000 per violation, per day, by creating a penalty provision for non-compliance with the DEM's Industrial Property Remediation and Reuse Act.

The legislation (H 5061 Sub A and S 0050) stemmed from the incident in Tiverton where pollution by manufactured gas wastes resulted in the contamination of 100 properties. The Governor officially signed the legislation into law on June 30, 2009.

Prior to this new law, the Industrial Property Remediation and Reuse Act did not have a penalty provision, leaving DEM to impose a maximum of $1,000 fine per violation. Under this new law, the maximum penalty would be a civil fine of up to $25,000, which could be applied per violation per day. The law is not retroactive and can only be applied to violations going forward.

"This law is long overdue and it is with the commitment of so many people, chief among them the residents of the Tiverton community who know first hand the devastating impact industrial pollution can have on property values and quality of life, that we sign this important legislation into law," said Governor Donald L. Carcieri. "This law ensures the health and well being of our citizens by holding industrial polluters responsible for their actions. With fines as high as $25,000 per violation per day, this will also serve as a deterrent for any company considering polluting Rhode Island soil or water."

Representative John Edwards, prime sponsor of the legislation, said, "This new law puts some teeth into the fines that the DEM can issue to industrial polluters. Finally, going forward, other communities will not have to endure the nightmare that has plagued the Bay Street area for the past seven years."

"After many years of hard work, we have finally enacted legislation that increases penalties for companies that carelessly pollute our communities," said Senator Walter Felag, who sponsored the legislation in the State Senate. "I am confident that these hefty fines will serve as a deterrent to companies like Southern Union that continue to act irresponsibly."

"The recent situation in Tiverton offers a vivid illustration of the need for a strong penalty provision associated with the contaminated site cleanup program," said Department of Environmental Management Director W. Michael Sullivan, PhD. "With this new law, DEM now has the tools it needs to compel uncooperative parties to effect timely cleanups of contaminated sites they are responsible for. This bill puts the penalty provision for these sites on par with the other major environmental statutes DEM enforces related to hazardous waste, solid waste and refuse disposal, and water pollution. I commend the bill sponsors, and the citizens of Tiverton, for their dedicated efforts to ensure passage of this important legislation."

On hand for the bill signing ceremony were many residents of the Bay Street neighborhood, as well as the former Tiverton state representative Joe Amaral, who championed the legislation prior his retirement in 2008, Representative Jan Malik, chairman of the House Committee on Environment and Natural Resources, State Representative Scott Pollard, Clean Water Action, the Environment Council of Rhode Island, and many others.

Governor Carcieri commended all those who helped craft and support the legislation, "I applaud all of you here today for your part in making smart sound environmental management practices that are designed to curb pollution. Through your work, you're making our neighborhoods safe, our shoreline clean, and our state a better place in which to live and work."

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Gov. Carcieri signs bill

Photo Caption: Governor Carcieri is flanked by State Representatives and Senators as he signs legislation increasing the fines for industrial pollution offenses. The bill signing ceremony took place in Tiverton in honor of the passion and commitment by the Bay Street residents for advocating for passage of the legislation.

Back Left to Right: Representative John Edwards, who was the prime sponsor of the legislation in the House, DEM Director Michael Sullivan, former Tiverton Representative Joe Amaral who championed the legislation before retiring in 2008, Senator Walter Felag, the prime sponsor of the legislation in the State Senate, and Representative Jan Malik, chairman of the House Committee on Environment and Natural Resources. Front: Governor Donald L. Carcieri.

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